High Court win for nursing student

A nursing student at the National Heath Training Centre in Mahatma Ghandi Street in Windhoek won a court battle against a decision by the Centre to expel him, because he has a pending criminal case.

Stefanus Kabono took the Centre, its Registrar and chief administrator, as well as the permanent secretaries of the ministries of health and social services and of higher education, training and innovation to court after he was verbally informed of the decision to expel, bar, restrict or evict him from the Centre.

None of the respondents opposed the matter and Acting Judge Gerson Narib granted Kabono his prayers. He asked the court to interdict the respondents not to proceed with the decision to terminate his studies and to order them to allow him full participation in the activities of the Health Training Centre and to make the necessary arrangements for him to write all practicals and tests he missed since his exclusion on May 13. Acting Judge Narib set aside the decision and ordered the Centre to restore Kabono as a student with full amenities and further ordered the Centre to make all the arrangements necessary within seven days to enable Kabono to write all tests, practicals and any assignments he may have missed from May 13 to July 14.

The judge further ordered the respondents to pay N$5 000 as a contribution to the legal costs of Kabono.
According to Kabono, he was arrested on a charge of fraud and granted bail on May 13 and immediately upon being released on bail proceeded to the Centre to attend his classes, but was barred from doing so by a certain Mr Shikameni, the chief administrator, on the grounds that he has a pending criminal case.

He said even though he had informed Shikameni that he was falsely accused and is certain to be exonerated, Shikameni insisted on preventing him from attending any classes.

“At all material times, I have denied the allegations levelled against me to Mr Shikameni and explained to him that I have no doubt that I will be acquitted, because I never committed any fraud,” he informed the court through an affidavit. This did not sway Shikameni, who insisted that he will not set a foot inside the Centre, Kabono said, and that he must pack his things and go.

Despite several inquiries as to why he is expelled, and requests for a written explanation, which was not forthcoming, Kabono said he was advised to write a letter to the permanent secretary of health and social services explaining why he was arrested.

He said he then consulted a lawyer, Khadila Amoomo, who immediately drafted a letter to the Centre threatening legal action if the expulsion is not lifted with immediate effect.

“Up to date the first respondent failed to lift the suspension. The first respondent barred me from attending classes or practicals. I’m kicked out of the guest house and I am just on the streets,” he informed the court and continued: “I did not attend any classes for the months of May and June, and if I continue being out of school, I may not be ready, unless the first and second respondent make special arrangements to enable me to write the test that I have missed, for the end of year examinations”.

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