Amupanda staged red line case - Schlettwein
Agriculture minister Calle Schlettwein says Affirmative Repositioning (AR) activist Job Amupanda staged the legal action in which he is seeking the removal of the red line.
This is contained in Schlettwein’s answering affidavit which was filed this week and in which he states that he is also authorised to file the affidavit on behalf of government, Attorney-General Festus Mbandeka and an official in the directorate of veterinary services, Hango Nambinga, who are also listed as defendants in the matter.
A case was filed by Amupanda on 26 May 2021, seeking a court order to have the veterinary cordon fence (VCF) removed and declared illegal and unconstitutional.
Schlettwein said Amupanda deliberately arrived at the Oshivelo control gate with raw meat and asked veterinary officials to confiscate it in order to artificially create facts to institute the action.
Since 2005, the measures controlling the spread of animal disease from north to south across the red line have not sufficiently bothered the plaintiff [Amupanda] to institute the action, he added.
“Now, out of the blue, 16 years later, the plaintiff institutes this action to embarrass the government of Namibia and to abuse this court by purporting to achieve by litigation what he is unable to achieve in the political arena.”
Not in public interest
Schlettwein continued that if, how and when the red line is removed is within the province of the executive and legislative organs of government, and beyond the province of the judiciary.
“Viewed from this perspective, there is nothing in this case which transcends the personal political interests of the plaintiff.”
The minister stressed that it is not in the public interest to abruptly remove the red line, as demanded by Amupanda.
“By doing that, this court will, with respect, usurp or unduly interfere with the powers of the executive or legislative organs of the government of the Republic of Namibia in conflict with the division of powers between the executive, legislative and judicial organs of that government as entrenched in the Namibian Constitution.”
He added that the litigation had been conceived by Amupanda to advance his political agenda, which is inextricably linked to that of his political party.
Draconian policy
In his particulars of claim, Amupanda described the erection of the VCF as a brutal, shameful and draconian policy seeking to sustain discrimination of people who reside north of the red line and their livestock.
He added that he owns livestock north of the red line at the Omaalala village and relies on the agricultural products to feed his family.
According to the activist, animal products valued at N$1 000 were unlawfully confiscated from him on 17 May 2021 at the Oshivelo checkpoint by Nambinga.
The red line is unconstitutional because it was erected as a colonial structure, he said, adding that it was not sanctioned nor made provision for by any law in Namibia, and is not rationally connected to any purpose.
This is contained in Schlettwein’s answering affidavit which was filed this week and in which he states that he is also authorised to file the affidavit on behalf of government, Attorney-General Festus Mbandeka and an official in the directorate of veterinary services, Hango Nambinga, who are also listed as defendants in the matter.
A case was filed by Amupanda on 26 May 2021, seeking a court order to have the veterinary cordon fence (VCF) removed and declared illegal and unconstitutional.
Schlettwein said Amupanda deliberately arrived at the Oshivelo control gate with raw meat and asked veterinary officials to confiscate it in order to artificially create facts to institute the action.
Since 2005, the measures controlling the spread of animal disease from north to south across the red line have not sufficiently bothered the plaintiff [Amupanda] to institute the action, he added.
“Now, out of the blue, 16 years later, the plaintiff institutes this action to embarrass the government of Namibia and to abuse this court by purporting to achieve by litigation what he is unable to achieve in the political arena.”
Not in public interest
Schlettwein continued that if, how and when the red line is removed is within the province of the executive and legislative organs of government, and beyond the province of the judiciary.
“Viewed from this perspective, there is nothing in this case which transcends the personal political interests of the plaintiff.”
The minister stressed that it is not in the public interest to abruptly remove the red line, as demanded by Amupanda.
“By doing that, this court will, with respect, usurp or unduly interfere with the powers of the executive or legislative organs of the government of the Republic of Namibia in conflict with the division of powers between the executive, legislative and judicial organs of that government as entrenched in the Namibian Constitution.”
He added that the litigation had been conceived by Amupanda to advance his political agenda, which is inextricably linked to that of his political party.
Draconian policy
In his particulars of claim, Amupanda described the erection of the VCF as a brutal, shameful and draconian policy seeking to sustain discrimination of people who reside north of the red line and their livestock.
He added that he owns livestock north of the red line at the Omaalala village and relies on the agricultural products to feed his family.
According to the activist, animal products valued at N$1 000 were unlawfully confiscated from him on 17 May 2021 at the Oshivelo checkpoint by Nambinga.
The red line is unconstitutional because it was erected as a colonial structure, he said, adding that it was not sanctioned nor made provision for by any law in Namibia, and is not rationally connected to any purpose.
Comments
Titus Ndayapale Kambadwa
The only problem we have in Namibia is that our so called leaders of today
Titus Ndayapale Kambadwa
I mean Amupanda is trying all his best to help us poor nation to live freely as they are too. Redlines must fall down. Why should we say One Namibia,one nation? What for ? Down redlines,down redlines in the entirely country wide.