12. As a consequence of the aforesaid wrongful and unlawful conduct, and
particularly the impermissible discrimination as set out in paragraphs 10 and
11 supra, plaintiff suffered a violation and an infringement of her rights
guaranteed and protected under the Namibian Constitution, particularly;
12.1 Her right to life in terms of Article 6 of the Constitution;
12.2 Her right to liberty in terms of Article 7 of the Constitution;
12.3 Her right to human dignity in terms of Article 8 of the Constitution;
12.4 Her right to equality and freedom from discrimination in terms of Article
10 of the Constitution;
12.5 Her right to found a family guaranteed in terms of Article 14 of the
Constitution.
13. As a result of the aforegoing, plaintiff suffered loss or damages and in
entitled to monetary compensation in terms of Article 25 (3) and 25 (4) of the
Constitution in respect thereof.
14. In the premises plaintiff is entitled to an award of monetary compensation
by the defendant in the amount of N$200,000.00.
WHEREFORE plaintiff claims from the defendant:
Ad claim 1
1. Payment in the amount of N$1 million.
Ad claim 2
2. Payment in the amount of N$200,000.00.
Ad claims 1 and 2
3. Interest on the amounts as set out in prayers 1 and 2 above, at the rate of
20% per annum a tempore morae from date of judgment to date of payment.
4. Costs of suit.
5. Further or alternative relief.”
[4] Although the claims had been consolidated each of the different claims
instituted by the plaintiff’s has to be decided on its own merits as they relate to
separate incidents.
[5] The defendant pleaded that in each case the plaintiff’s written consent was
obtained after the procedure was explained fully to the plaintiffs together with
the risks and consequences thereof and also after alternative contraception
methods had been explained.