High Court orders recommendation for release of paralyzed inmate

Judge Boas Usiku reviewed and set aside the medical officer's decision from March this year not to recommend Ndukireepo's release on medical grounds. Usiku declared that the refusal conflicted with constitutional protections of fundamental rights, human dignity, and administrative justice. The medical officer must now recommend Ndukireepo's release within 10 court days.

Ndukireepo was sentenced in December 2020 and experienced a major health setback in February 2024, leading to paralysis. He claims he was manhandled by a prison officer, though an investigation by the Namibian Correctional Service found no evidence to substantiate this. Specialist physician Dr. Ismael Katjitae and a team of medical doctors, including a neurologist, examined Ndukireepo in April, recommending his release or transfer to a facility with more appropriate medical care.

Dr. Katjitae noted a deterioration in Ndukireepo's condition, including speech and communication ability, consistent with progressive neurological compromise. The doctors also reported Ndukireepo was bed-bound and had developed pressure ulcers. Prison authorities had argued that the recommending doctors had not assessed the facility's suitability and that Ndukireepo was not suffering from a dangerous, infectious, or contagious