ANNEXURE “D” REPORTABLE CASE NO: I 1603/2008 CASE NO: I 3518/2008 CASE NO: I 3007/2008 IN THE HIGH COURT OF NAMIBIA MAIN DIVISION, HELD AT WINDHOEK In the matter between: L M 1ST PLAINTIFF M I 2ND PLAINTIFF N H 3RD PLAINTIFF and THE GOVERNMENT OF THE REPUBLIC OF NAMIBIA DEFENDANT CORAM: HOFF, J Heard on: 01 – 03 June 2010; 01 – 03 September 2010; 06 – 08 September 2010; 10 September 2010; 18 – 20 January 2011; 27 January 2011 Delivered on: 30 July 2012 JUDGMENT HOFF, J: [1] The plaintiffs instituted actions against the defendant for damages which arose from what they allege in their respective pleadings to be an unlawful sterilisation performed on them without their consent by medical practitioners in the 2 employ of the State at State Hospitals, alternatively on the grounds of a breach of a duty of care that these medical practitioners owed to each of the plaintiffs. [2] In a second claim each of the plaintiffs alleged that the sterilizations were done as part of a wrongful practice of discrimination against them based on their HIV status and that it amounts to a breach of their basic human rights as