I played no role in red line matters - Netumbo

President-elect Netumbo Nandi-Ndaitwah has filed an urgent application in the High Court to set aside a subpoena compelling her to testify in the controversial veterinary cordon fence case, asserting she had no involvement in the issues raised by activist Job Amupanda.



She argues that the subpoena constitutes an abuse of the court process, as she had no direct dealings with the contentious red line issue during her tenure as minister of international relations and cooperation. According to court papers, she has been summoned in her capacity as former international relations minister and her current position as the country's vice-president.



In her founding affidavit, Nandi-Ndaitwah contends that any trade agreements relevant to the matter fall solely under the purview of the Minister of Agriculture, Water, and Land Reform. She supports this assertion with a confirmatory affidavit from agriculture minister Calle Schlettwein. "Based on the above factual synopsis, I have no alternative but to approach this court for the relief prayed for in the accompanying notice of motion," she said.



She further argued that complying with the subpoena would impose unnecessary burdens and that Amupanda’s actions lacked justification, adding that the subpoena constitutes an abuse of court process.



Nandi-Ndaitwah has requested that the costs of this application be borne by Amupanda, arguing for a higher scale of attorney-and-client costs. She also pointed out that the urgency of the application arises because the trial, set to begin on 20 January, would not allow sufficient time for substantial redress if the subpoena were not set aside before then. She has reportedly roped in the services of South African lawyer Marius Gerhardus Boonzaaier.



"My legal practitioners consulted with the attorney general on the afternoon of January 16, 2025, to obtain instructions regarding the impugned subpoena, as I am currently in Tsumeb. Early on 17 January, my legal practitioners, on my behalf, wrote a letter to those acting for Amupanda," she added.



The letter outlined the reasons why the subpoena should be withdrawn, accusing Amupanda of harbouring ulterior motives. When no satisfactory explanation was provided, Nandi-Ndaitwah’s legal team moved quickly to prepare this application, ensuring it could be served and filed by 18 January, she said.



Background



The subpoena, issued by Amupanda, requires Nandi-Ndaitwah and former justice minister Sacky Shanghala to testify in the Windhoek High Court trial running from today until 31 January.



Amupanda’s legal challenge seeks to have the veterinary cordon fence, commonly known as the red line, declared unconstitutional, arguing that it discriminates against certain groups and lacks legal justification.



As a former international relations minister, Nandi-Ndaitwah is expected to address questions about the potential impact of removing the fence on international agreements. The veterinary cordon fence has long been a contentious issue, dividing Namibia’s northern and southern regions by restricting the movement of beef from the north.



Meanwhile, Shanghala, currently in jail awaiting trial for his alleged involvement in the Fishrot corruption scandal, is named in the case due to his former role as head of the Law Reform and Development Commission (LRDC).



Nandi-Ndaitwah also highlighted the time-sensitive nature of her application, stating that unless the matter is addressed urgently, she would be compelled to comply with the subpoena during the trial and would not have sufficient recourse afterwards. "This application will be set down for hearing at 10:00 on 20 January, the first day of the trial, as that date and time have already been fixed," she said. - [email protected]