WINDHOEK – A soldier dismissed from the Namibian Defence Force (NDF) in 2016, has sued the NDF for N$350 000 for what he claims was an unlawful discharge.
Jerome Jeraldo Eiseb filed a civil lawsuit in the High Court against Defence Minister Penda ya Ndakolo, the Chief of the Defence Force Lieutenant-General John Mutwa and Peter Vilho the NDF Permanent Secretary.
Eiseb is seeking a court order to be reinstated with immediate effect in the NDF, with all remuneration and benefits. He is also asking for an order to have the NDF pays him in full back pay, since his salary was stopped with interest. Furthermore, Eiseb sought payment for the alleged violation of his constitutional rights.
Eiseb claims the discharge is unlawful and unprocedural, as he never got a formal notification of his release from duty.
He claims that following his incarceration, his salary was stopped even though he never got any formal communication to that effect.
On August 31, 2016 the former soldier was convicted on a charge of assault with intent to cause grievous bodily harm in Gobabis Magistrate’s Court.
The court sentenced him to serve two years imprisonment of which 12 months were suspended over a period of five years, on condition that he is not convicted of a similar offense during the period of suspension.
Eiseb was arrested while on leave in Omaheke on June 28, 2016.
On September 6, 2016, he allegedly wrote to the force informing them of his incarceration but he never got a response.
Upon his release on December 8, 2017, he enquired and wrote a letter for re-employment to the force.
According to the letter dated March 1, NDF informed Eiseb he was relieved of his duties on June 29, 2016. The letter further states that according to the NDF General Regulations, any officer who has been sentenced by a civil court and is serving such sentence is discharged with immediate effect from the date of that imprisonment. Furthermore, a warrant officer, non-commissioned officer or private who is sentenced to imprisonment, must also be sentenced to be discharged from the Force.
In his lawsuit, he claims that NDF fired him on June 29, 2016 before he even made an appearance in court. He claims that the NDF failed to follow proper procedures as he was never called for a hearing nor was there ever a board of inquiry done.
Eiseb started working for the force on June 16, 2014 based at Osona Military School.