Ongwediva resident Toivo Simeon, also known as Potgieter Vilho, may no longer make claims about businessman Benjamin Hauwanga on social media platforms, a Windhoek magistrate has ordered.
The order made by magistrate Monica Andjaba sets out the conditions on which Simeon was granted bail in an amount of N$2 000 during an appearance in the Windhoek Magistrate's Court yesterday.
Simeon appeared in court on a charge under the Communications Act of 2009 and a count of crimen injuria.
The police reported this week that he was arrested in the Oshana region on 24 November and made a first court appearance on 25 November, when his case was transferred to Windhoek.
Keep up with the latest headlines on WhatsApp | LinkedIn
During Simeon's appearance before Andjaba yesterday, public prosecutor Reinhardt Kamatoto said the state agreed to him being granted bail in an amount of N$2 000, on condition that he will stop posting comments relating to Hauwanga on social media platforms and may not make any contact with Hauwanga.
In the charges against Simeon, the state is alleging that he injured and impaired Hauwanga's dignity and thereby committed the offence of crimen injuria on 21 September this year, by claiming that Hauwanga had killed four people.
The state is also alleging that Simeon contravened a section of the Communications Act during September by claiming on TikTok that Hauwanga had killed two cattle herders by putting poison in ombike liquor that they drank, and claiming that Hauwanga had caused the death of two other persons as well.
The section of the Communications Act Simeon is alleged to have contravened states that it is an offence to create and transmit with a telecommunications device any comment or other communication "which is obscene, lewd, lascivious, filthy, or indecent, with intent to annoy, abuse, threaten, or harass another person".
Andjaba granted bail to Simeon and added that he is prohibited from posting any content on all social media platforms regarding Hauwanga.
Simeon may also not have any contact, whether directly or indirectly, with Hauwanga, the magistrate ordered.
Simeon, who is represented by defence lawyer Wihan Brand, has to make a next court appearance on 26 February.
Simeon and Hawanga are also facing off against each other in a defamation case Hauwanga filed at the Windhoek High Court in March.
In the defamation lawsuit, Hauwanga is claiming Simeon made false statements about him in audio recordings circulated on social media last year.
The statements made by Simeon were false and defamatory and depicted him as being a dishonest businessman, a land grabber, stupid, dishonest, a beneficiary of corruption and not worthy of being associated with a political campaign of president Netumbo Nandi-Ndaitwah, Hauwanga is alleging.
Sign up for free AllAfrica Newsletters
Get the latest in African news delivered straight to your inbox
Hauwanga is also claiming that Simeon alleged he (Hauwanga) owed Simeon money, and alleged that Hauwanga used the money he owed Simeon in 2022 in a political campaign of Nandi-Ndaitwah against then prime minister Saara Kuugongelwa-Amadhila and minister of environment and tourism Pohamba Shifeta.
Hauwanga is asking the court to order Simeon to pay him N$500 000 because of the comments he had made, and also to declare that Simeon's remarks were false and defamatory.
In addition to that, Hauwanga wants the court to direct Simeon to unconditionally retract his remarks and unreservedly apologise to him.
Simeon has notified the court that he is opposing Hauwanga's legal action, which has been postponed to 21 January.
The Namibian uses AI tools to assist with improved quality, accuracy and efficiency, while maintaining editorial oversight and journalistic integrity.
