Struggle vet seeks eviction of eight families
A veteran of the liberation struggle is asking the High Court in Windhoek to evict eight households who set up homesteads on land in the Katima Mulilo area which he says he inherited from his grandfather.
Alex Kamwi, in an application submitted to the court, said that eight households are occupying land in the Ngala and Mahundu districts, in the Zambezi Region unlawfully, and he asked the court to authorise the deputy sheriff to evict them from both the occupation and possession of his residential, grazing and ploughing area.
Kamwi maintains he is bringing the application, duly authorised as the grandson, the successor of his grandfather Kamwi Mointsa, and the head of Kamwi family unit and as a person controlling and administering his deceased's grandfather's estate according to their customs and customary laws.
The Ministry of Land Reform is cited in that they in terms of the Communal Land Reform Act possess the land in dispute in trust.
The Zambezi Land Board is also cited as a respondent as it exercises control over the allocation of customary land rights by chiefs or traditional authorities in the region.
The two respondents are authorised in terms of the provisions of the Communal Land Reform Act to institute legal action against the other eight respondents evicting them from the piece of land back to Shanshuma allocated to them by late Chief Maiba Moraliswane.
“The ministry and the land board failed to act despite the matter having been reported to them several times, as well as the court ruling in which it was stated the only land they were allocated was at Shanshuma,” Kamwi said.
He further argued that the other eight respondents Luckson Mahosi Chika; Phillemon Munichezi Nasilele; Simasiku Raymond Siluzungila Ntomwa; Charles Lisulo; Benson Ntomwa; Albert Shamukuni; Nchindo Simasiku and Samuele Buchana and their respective families residing at Penduka Mayungu, Chihahama, Seke, Muyako areas, have set up their homesteads on his land.
This, he said, was despite the ruling by the Magistrate's Court at Katima Mulilo dated 3 March 1995 against Chika's late father Zacharia Chika Simasiku.
“They continue to disobey the said ruling by residing unlawfully in my residential, grazing and ploughing area in Ngala, Mahundu district, Zambezi Region,” he charged.
He also asked the court to interdict the respondents and all persons through them from crossing the Shanshuma River or point at any direction which serves as a boundary between his residential, grazing and ploughing customary land rights in Nghala and their customary land rights in the Shanshuma area.
The respondents are yet to reply as the matter was only filed.
FRED GOEIEMAN
Alex Kamwi, in an application submitted to the court, said that eight households are occupying land in the Ngala and Mahundu districts, in the Zambezi Region unlawfully, and he asked the court to authorise the deputy sheriff to evict them from both the occupation and possession of his residential, grazing and ploughing area.
Kamwi maintains he is bringing the application, duly authorised as the grandson, the successor of his grandfather Kamwi Mointsa, and the head of Kamwi family unit and as a person controlling and administering his deceased's grandfather's estate according to their customs and customary laws.
The Ministry of Land Reform is cited in that they in terms of the Communal Land Reform Act possess the land in dispute in trust.
The Zambezi Land Board is also cited as a respondent as it exercises control over the allocation of customary land rights by chiefs or traditional authorities in the region.
The two respondents are authorised in terms of the provisions of the Communal Land Reform Act to institute legal action against the other eight respondents evicting them from the piece of land back to Shanshuma allocated to them by late Chief Maiba Moraliswane.
“The ministry and the land board failed to act despite the matter having been reported to them several times, as well as the court ruling in which it was stated the only land they were allocated was at Shanshuma,” Kamwi said.
He further argued that the other eight respondents Luckson Mahosi Chika; Phillemon Munichezi Nasilele; Simasiku Raymond Siluzungila Ntomwa; Charles Lisulo; Benson Ntomwa; Albert Shamukuni; Nchindo Simasiku and Samuele Buchana and their respective families residing at Penduka Mayungu, Chihahama, Seke, Muyako areas, have set up their homesteads on his land.
This, he said, was despite the ruling by the Magistrate's Court at Katima Mulilo dated 3 March 1995 against Chika's late father Zacharia Chika Simasiku.
“They continue to disobey the said ruling by residing unlawfully in my residential, grazing and ploughing area in Ngala, Mahundu district, Zambezi Region,” he charged.
He also asked the court to interdict the respondents and all persons through them from crossing the Shanshuma River or point at any direction which serves as a boundary between his residential, grazing and ploughing customary land rights in Nghala and their customary land rights in the Shanshuma area.
The respondents are yet to reply as the matter was only filed.
FRED GOEIEMAN
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