Job’s red line case back to drawing board
• Activist to amend particulars of claim
The matter dates back to 26 May 2022 when Amupanda filed a case seeking the removal of the red line, and to have it declared illegal and unconstitutional.
Affirmative Repositioning (AR) activist Job Amupanda will again amend his particulars of claim in a legal battle to have the veterinary cordon fence, also known as the red line, removed.
This after pre-trial proceedings took place last week.
Amupanda filed a case on 26 May 2022 seeking a court order to have the fence removed and declared illegal and unconstitutional.
He listed agriculture minister Calle Schlettwein, the government, Attorney-General Festus Mbandeka and an official in the directorate of veterinary services, Hango Nambinga, as defendants in the matter.
The Meat Board of Namibia has been added as a defendant after it asked for leave to intervene, while two commercial farmers have joined as third parties. The Namibia Agricultural Union has also joined as a defendant.
During the case management hearing, Judge Shafimana Ueitele said he has considered all submissions.
Amupanda was ordered to file his notice of intention to amend his particulars of claim by no later than 12 January 2024.
Defendants must then indicate their intention to oppose the intended amendment by no later 29 January.
It was further ordered that Amupanda must pay all the defendants’ wasted costs for the 12 December proceedings.
The parties must file a joint status report by no later than 8 February 2024, while the case has been postponed to 13 February 2024 for a status hearing.
Discriminatory
Last year, Amupanda also amended his particulars of claim.
This after defendants in the matter moved to strike some of the allegations in his original claim.
In his amended claim, the activist said the red line was erected to act as a shield and to insulate persons who reside south of the fence and their livestock from perceived or actual diseases which emanate from people who reside north of the red line and their livestock.
This protection and insulation are not accorded to people who reside north of the red line and their livestock, he said, adding that this is discriminatory.
Amupanda said the fence continues to be used to “control the movement of animals and black people from the north” to the south of Namibia.
According to him, the red line, as a colonial structure, is unconstitutional on the basis that it was erected to achieve colonial aims and objectives.
This after pre-trial proceedings took place last week.
Amupanda filed a case on 26 May 2022 seeking a court order to have the fence removed and declared illegal and unconstitutional.
He listed agriculture minister Calle Schlettwein, the government, Attorney-General Festus Mbandeka and an official in the directorate of veterinary services, Hango Nambinga, as defendants in the matter.
The Meat Board of Namibia has been added as a defendant after it asked for leave to intervene, while two commercial farmers have joined as third parties. The Namibia Agricultural Union has also joined as a defendant.
During the case management hearing, Judge Shafimana Ueitele said he has considered all submissions.
Amupanda was ordered to file his notice of intention to amend his particulars of claim by no later than 12 January 2024.
Defendants must then indicate their intention to oppose the intended amendment by no later 29 January.
It was further ordered that Amupanda must pay all the defendants’ wasted costs for the 12 December proceedings.
The parties must file a joint status report by no later than 8 February 2024, while the case has been postponed to 13 February 2024 for a status hearing.
Discriminatory
Last year, Amupanda also amended his particulars of claim.
This after defendants in the matter moved to strike some of the allegations in his original claim.
In his amended claim, the activist said the red line was erected to act as a shield and to insulate persons who reside south of the fence and their livestock from perceived or actual diseases which emanate from people who reside north of the red line and their livestock.
This protection and insulation are not accorded to people who reside north of the red line and their livestock, he said, adding that this is discriminatory.
Amupanda said the fence continues to be used to “control the movement of animals and black people from the north” to the south of Namibia.
According to him, the red line, as a colonial structure, is unconstitutional on the basis that it was erected to achieve colonial aims and objectives.
Comments
Namibian Sun
No comments have been left on this article