Ukwangali limps on in fight against might of govt
Judgment postponed to next month
The traditional authority initiated legal proceedings, seeking an order to evict several parties from a 259 000-hectare portion of communal land.
The delivery of a judgment in a case involving the Ukwangali Traditional Authority and communal land on which the Kavango Cattle Ranch operates has been postponed to 2 August.
According to Windhoek High Court documents obtained by Namibian Sun, the traditional authority initiated legal proceedings against several parties, seeking an order to evict them from a 259 000-hectare portion of communal land situated in the Mangetti block. The parties include the Namibia Industrial Development Agency (NIDA), the ministry of industrisalisation and trade, the Agrotour Development Initiative and August 26 Holdings, among others.
The traditional authority also seeks the removal of all the defendants’ livestock and other property from the land within 30 days from the date of the order.
According to the Ukwangali Traditional Authority, NIDA has continued to unlawfully occupy the land without obtaining the necessary consent from the traditional authority, which is the lawful custodian of the land. This consent is required under Section 36A (6) of the Communal Land Reform Act, it said, adding that the defendants also failed to apply for occupational land rights for agricultural purposes.
Court documents reveal that the traditional authority only became aware of the alleged unlawful occupation on 28 May 2022, following site inspections conducted by its delegation.
No locus standi
Agrotour Development Initiative and August 26 Holdings, represented by lawyer Sisa Namandje, argued that there is a valid lease agreement in place which the traditional authority is not a party to, and that the proceedings should have focused on this lease agreement.
They asserted that the traditional authority’s reliance on sections of that Act is misplaced, as the Namibia Industrial Development Agency Act empowers Nida to manage and develop the property, including entering into lease agreements.
Namandje further contended that the traditional authority has failed to prove ownership or any statutory right over the ranch, and thus, its claim should be dismissed with costs.
Nida and the ministry, represented by lawyer Jolanda Hinda, argued that the Ukwangali Traditional Authority lacks the locus standi to institute the action.
Judge Shafimana Ueitele is presiding over the matter.
[email protected]
According to Windhoek High Court documents obtained by Namibian Sun, the traditional authority initiated legal proceedings against several parties, seeking an order to evict them from a 259 000-hectare portion of communal land situated in the Mangetti block. The parties include the Namibia Industrial Development Agency (NIDA), the ministry of industrisalisation and trade, the Agrotour Development Initiative and August 26 Holdings, among others.
The traditional authority also seeks the removal of all the defendants’ livestock and other property from the land within 30 days from the date of the order.
According to the Ukwangali Traditional Authority, NIDA has continued to unlawfully occupy the land without obtaining the necessary consent from the traditional authority, which is the lawful custodian of the land. This consent is required under Section 36A (6) of the Communal Land Reform Act, it said, adding that the defendants also failed to apply for occupational land rights for agricultural purposes.
Court documents reveal that the traditional authority only became aware of the alleged unlawful occupation on 28 May 2022, following site inspections conducted by its delegation.
No locus standi
Agrotour Development Initiative and August 26 Holdings, represented by lawyer Sisa Namandje, argued that there is a valid lease agreement in place which the traditional authority is not a party to, and that the proceedings should have focused on this lease agreement.
They asserted that the traditional authority’s reliance on sections of that Act is misplaced, as the Namibia Industrial Development Agency Act empowers Nida to manage and develop the property, including entering into lease agreements.
Namandje further contended that the traditional authority has failed to prove ownership or any statutory right over the ranch, and thus, its claim should be dismissed with costs.
Nida and the ministry, represented by lawyer Jolanda Hinda, argued that the Ukwangali Traditional Authority lacks the locus standi to institute the action.
Judge Shafimana Ueitele is presiding over the matter.
[email protected]
Comments
Namibian Sun
No comments have been left on this article