Newsletters

UPDATE JULY 2024

Dear Members and HDL Followers,

The long-awaited court case with the resulting interlocutory proceedings has provided a judgement. This is to inform and sketch the way forward.

THE COURT CASE – JUDGEMENT RECEIVED 5 JULY 2024

  • The HDL has engaged the Namibian government throughout the Covid pandemic.
  • We wanted to know if all was done according to law and on what basis the government had acted.
  • We never received a satisfactory answer! The only way to get answers, seem to be the legal route.
  • In September 2022 the HDL took government, minister of health, minister of education, the attorney general and several others to court.
  • The case number on e-justice is CASE NO: HC-MD-CIV-MOT-GEN-2022/00389
  • The request to the Namibian government was: “Show us your scientific evidence on which you based your marketing slogan that the vaccine is “Safe and Effective” and further show us the information that was used to enable victims of the vaccine drive to make an informed consent.”
  • The HDL position is: “If all was done according to law and you have all the scientific facts to base your Covid-19 measures on scientific data, it should be easy to provide them”.
  • Over the course, government tried anything to prolong the case and to avoid answering these simple questions.
  • Eventually the respondents (Government) argued that the HDL has no legal standing. This means that the HDL cannot take anyone to court. This argument was a “case within a case”. This is called an interlocutory matter and had to be dealt with before the merits of the main case.
  • On the 5 July 2024 the HDL received judgement on the interlocutory matter.
  • In the ruling the court (Judge) upheld the government’s position that the HDL and the four individuals had no standing and thereby dismissed the case with costs.
  • For more information go to https://en.wikipedia.org/wiki/Standing_(law)
  • The judgement was based on several technical points that had nothing to do with the issues at hand. Unless appealed and overruled, it is a legally binding verdict.

THE INTERLOCUTARY RULING – WHAT DOES IT MEAN

  • So, did we lose our court case? Absolutely not! There was no case!
  • The interlocutory ruling makes sure there is no case.
  • The interlocutory ruling prevents the HDL getting to court and receiving the answers that they seek.
  • In this manner the government has avoided taking accountability and answering relevant questions to the Namibian Nation.
  • It also means that if the HDL wants to move forward, we must appeal the ruling and start with another process of legal interactions.
  • Although this would be the correct manner to proceed legally, the risk involved (being thrown out due to technical issues) is not worth proceeding this way.
  • We simply cannot blow more money if we are not at least 80% sure of success.

DISCUSSION AND TAKE-HOME MESSAGE

  • Everything in life has a lesson. Either of what works and who you can trust or, what does not work and who one cannot trust.
  • The HDL has defended many individuals that were forced into vaccination by their employees. In every single case we were successful! That is great.
  • The recent ruling however provides important insights.
  • We have learnt three major lessons from 2 years of legal interactions. Here they are:
  1.  The government wants to hide information and therefore cannot be trusted.
  2.  The legal environment in Namibia has confirmed a tendency of protecting the government while preventing justice and open discourse needed in a democratic society.
  3.  The press has ecstatically celebrated the ruling while keeping quiet in all other issues of informing the public of the complete picture. They have displayed complete bias and                  therefore cannot be trusted.

The government clearly does not want to answer relevant questions and avoids taking responsibility for their actions during Covid.

They even see the ruling as a “Victory”.

  • The ruling is a sad day for Namibia because it prevents the truth from being evaluated by a legal process.
  • Preventing a proper court hearing is justice being denied.
  • We were often confronted with the comments that one cannot win against the government.
  • Unfortunately, the ruling confirmed the suspicion that a case against the government is a difficult matter. The way the issue of locus standi was used has been seen in other                     countries to avoid having matters in court.
  • The HDL had hoped that Namibia was still different. All factors indicate that we are in a similar situation.
  • Long ago, the mainstream press informed the public about the matters of the day. This has changed drastically and today the press seems to act on behalf of vested interests.
  • The HDL has received several confirmations from journalists and people involved in the media that they were incentivized to keep quiet about certain topics during Covid.
  • All this teaches the third lesson. The press does not have your interest at heart and therefore cannot be trusted either.

THE WAY FORWARD

  • After extensive consultations we have decided not to appeal the interlocutory case. We are not ready to walk into a situation where the outcome is determined by a technical                  issue in a  court proceeding.
  • Because we cannot rely on government, the legal system and the press, the HDL will develop different strategies and focus on new ways of addressing issues at hand.
  • The HDL has information that the next “pandemic is planned and to be implemented in Namibia in 2025”.
  • We hope this is not true but are fully aware of similar drives happening elsewhere in the world.
  • Finland has started preparing for “Bird Flu” vaccinations, Germany has just built a massive new facility in Halle that can produce over 2 billion doses of vaccine per year.
  • Namibia cannot survive another pandemic with possible lockdowns and its human repercussions.
  • The economic and social damage is unmeasurable and will ruin our country for generations to come.

CURRENT AN FUTURE ISSUES

  • The HDL has decided to take the future one step at a time.
  • We are committed to move forward and will continue to attend matters of national interest.
  • We still need your support. So please stick with us so we can do things for our country

In terms of Namibia’s history, we are facing one of the most profound challenges that our country has faced.

Dr Martin Wucher
Chairman

FOOTNOTES & ACTIONS – CONTACT DETAILS BELOW

1.    Recruit a new member and inform them of our actions and goals. Please call +264 81 371 5531 during office hours and let Rosel
Van Der Merwe
Register them on our mailing list.

2.    Set up a monthly payment. Make it the
most gracious amount that you are prepared to contribute to this effort. Think
in the lines of N$ 100 – 500 per month. It will make a huge difference.
Remember, it is not for us, it is for YOUR country, your children, and
grandchildren.