Droombos takes legal fight to Supreme Court
Operations to continue as usual for now
In a letter to the City last week, legal representatives for Droombos accused city officials and police of alleged harassment towards their business since 2019.
Droombos’ legal representatives have appealed a recent High Court ruling by Judge Nate Ndauendapo, which prohibits the establishment from hosting events and operating as a venue.
The appeal means that the court order will not take effect until the appeal process has been completed, the establishment's legal team explained.
As a result, Droombos' operations will continue as usual for the time being.
The City of Windhoek argued in the High Court that Droombos only has permission to operate as a guesthouse and conference facility.
However, Droombos had argued that their consent use should be interpreted as including the right to host functions and events.
Droombos also appealed Ndauendapo's decision requiring them to pay the City's legal costs. The appeal will be heard in the Supreme Court, with the notice of appeal submitted on 21 November.
Alleged harassment
Despite Droombos filing its appeal last week, the establishment claims that officers from the Windhoek City Police visited its premises and threatened to enforce a cessation of operations based on the court ruling. This is according to a letter Droombos sent to the municipality.
In the letter, Droombos explained that filing an appeal against the ruling means that Ndauendapo's judgment cannot be enforced until the appeal process is concluded.
“An appeal to the Supreme Court suspends the execution and enforcement of the relevant court order pending the final decision on such an appeal," the letter explained.
“In practical terms, this means that while the appeal is pending in the Supreme Court, and until the Supreme Court delivers its final decision, Droombos can continue operating its business.”
Droombos further argued that the actions of the City and City Police officers were unconstitutional and cannot continue.
The letter also referenced alleged unconstitutional behaviour by the City Police towards Droombos over the past, allegedly under the instruction of municipal officials.
“The incidents of harassment by the City of Windhoek and/or City Police officers concerning our client’s business since 2019 are well documented. Regrettably, the municipality has a notorious reputation for not following due process and resorting to self-help tactics."
– [email protected]
The appeal means that the court order will not take effect until the appeal process has been completed, the establishment's legal team explained.
As a result, Droombos' operations will continue as usual for the time being.
The City of Windhoek argued in the High Court that Droombos only has permission to operate as a guesthouse and conference facility.
However, Droombos had argued that their consent use should be interpreted as including the right to host functions and events.
Droombos also appealed Ndauendapo's decision requiring them to pay the City's legal costs. The appeal will be heard in the Supreme Court, with the notice of appeal submitted on 21 November.
Alleged harassment
Despite Droombos filing its appeal last week, the establishment claims that officers from the Windhoek City Police visited its premises and threatened to enforce a cessation of operations based on the court ruling. This is according to a letter Droombos sent to the municipality.
In the letter, Droombos explained that filing an appeal against the ruling means that Ndauendapo's judgment cannot be enforced until the appeal process is concluded.
“An appeal to the Supreme Court suspends the execution and enforcement of the relevant court order pending the final decision on such an appeal," the letter explained.
“In practical terms, this means that while the appeal is pending in the Supreme Court, and until the Supreme Court delivers its final decision, Droombos can continue operating its business.”
Droombos further argued that the actions of the City and City Police officers were unconstitutional and cannot continue.
The letter also referenced alleged unconstitutional behaviour by the City Police towards Droombos over the past, allegedly under the instruction of municipal officials.
“The incidents of harassment by the City of Windhoek and/or City Police officers concerning our client’s business since 2019 are well documented. Regrettably, the municipality has a notorious reputation for not following due process and resorting to self-help tactics."
– [email protected]
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