Kambazembi traditional authority withdraws eviction case
Matter settled after five years
Two communal farmers from Eharoukarara village near Okakarara have won a long-standing legal battle after the Kambazembi Royal Traditional Authority withdrew eviction proceedings against them in court today.
For over five years, Alfons Hamakali and Eliphas Tjirimuje resisted eviction from a 2,700-hectare piece of land that another farmer, Karlie Kariahua, claimed to have purchased from a previous occupant. The Kambazembi Royal Traditional Authority had supported Kariahua’s claim, prompting the drawn-out legal dispute.
Hamakali and Tjirimuje, however, maintained that the land forms part of communal land and cannot be privatised to the exclusion of other residents, citing provisions of the Communal Land Reform Act. They argued that they were entitled to continue farming on the land as lawful communal residents.
After years of court proceedings and witness testimonies, the traditional authority finally withdrew the case, effectively allowing the two farmers to remain on the land.
Legal experts say the outcome could have broader implications for ongoing disputes over illegal fencing and land enclosure in communal areas, where individuals often claim large tracts of land, locking out ordinary farmers from vital grazing spaces.
The Kambazembi Royal Traditional Authority was represented by Jabulani Ncube from the Government Attorney’s office, while Kariahua was represented by Nderiraro Kauari. Hamakali and Tjirimuje were represented by human rights lawyer Norman Tjombe.
For over five years, Alfons Hamakali and Eliphas Tjirimuje resisted eviction from a 2,700-hectare piece of land that another farmer, Karlie Kariahua, claimed to have purchased from a previous occupant. The Kambazembi Royal Traditional Authority had supported Kariahua’s claim, prompting the drawn-out legal dispute.
Hamakali and Tjirimuje, however, maintained that the land forms part of communal land and cannot be privatised to the exclusion of other residents, citing provisions of the Communal Land Reform Act. They argued that they were entitled to continue farming on the land as lawful communal residents.
After years of court proceedings and witness testimonies, the traditional authority finally withdrew the case, effectively allowing the two farmers to remain on the land.
Legal experts say the outcome could have broader implications for ongoing disputes over illegal fencing and land enclosure in communal areas, where individuals often claim large tracts of land, locking out ordinary farmers from vital grazing spaces.
The Kambazembi Royal Traditional Authority was represented by Jabulani Ncube from the Government Attorney’s office, while Kariahua was represented by Nderiraro Kauari. Hamakali and Tjirimuje were represented by human rights lawyer Norman Tjombe.
Comments
Namibian Sun
No comments have been left on this article