Here is where we can help you the fastest.

Who can join the class action?

Self-employed (Namibians and Namibian residents) and/or small,  medium and large businesses which have their headquarters or generate income in Namibia, even when their income is below the taxation threshold, can register here.

How much does it cost?

Since the aim is to enable as many people as possible to gain access, the participation fee is fixed at N$ 2,500 (VAT-free), only, for each registering plaintiff.

The work required by the lawyers involved, both in Germany and Namibia, to enforce the claims will be fully paid from this amount. This flat fee covers ALL costs of the lawyers working for you.

 Is there anything in addition to the flat rate of N$ 2,500 (VAT-free)?

The flat fee is significantly lower than the statutory fees for out-of-court advice and representation, which are normally based on a percentage of the amount in dispute (= amount of the claim for damages).

However, in order to ensure that the lawyers working for you, especially those who are conducting the lawsuit in the USA, have an economic incentive to enforce the claims, a contingency fee of 10% of the amount of damages obtained for you will be agreed in favour of the lawyers enforcing this claim in the event of success only and only when the money is actually received.

If however, the lawsuit is unsuccessful, no further costs will be added or due in any ways.

Does my legal expenses insurance cover the lump sum?

If you have a legal expenses insurance, please contact your insurance company to find out whether such legal action is covered by the insurance conditions.

How do I quantify the damage and what about the damage that may occur in the future?

For registration, it is sufficient to first make an approximate estimate of the loss caused by the lockdown.

For larger companies with formalised sets of accounts, it would for example be sufficient to compare the financial results for the period March to September / October 2020 (if already available) compared to the corresponding period in 2019.

If you

  • are not subject to tax (declare less than N$ 50,000 annual profit)
  • have no monthly costs / revenue or profit / loss evaluations,

then you can calculate it from your bank account and cash book.

You do not need a tax consultant for this phase.

LINK: Calculation of damage –  how to

Once the class action suit has been filed, the court may ask you to provide further information and additional data to prove the damages suffered. The extent of this request and the timing are not yet foreseeable.

Within the scope of the lawsuit, with the help of a so-called declaratory motion the defendants are also liable for (future) damages that cannot yet be quantified at the current stage.

The procedure for claiming these future damages will be explained in due course.

Can I register in advance without giving a mandate?

We ask you to refrain from simply registering without the intention to subsequently issuing a mandate. This would mean additional administration efforts for the team if these cases have to be cancelled again.

Due to the high demand, we ask you to register only if you wish to issue a mandate.

Will you also support me in a lawsuit in Namibia?

If you do not wish to join the class action but wish to use “standard” legal action in Namibia, then we will be happy to support you as well.

If you contact us, we will of course be happy to clarify the conditions of our cooperation in advance.

LINK: Contact form

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