Nauyoma’s constitutional challenge fails

Kristien KrugerDallasHuman rights activist Dimbulukeni Nauyoma’s constitutional challenge to the Squatters Proclamation was dismissed last Wednesday.A full bench of High Court judges found that he failed to prove that the provisions of the proclamation violated his constitutional rights.“The court considers that it would be unlawful or inequitable to grant the order,” the ruling read.Nauyoma requested the court to declare the Squatters Proclamation 21 of 1985 in its entirety, with all 15 provisions, unconstitutional.“It is highly unlikely that all the provisions are unconstitutional on the basis that they offend all 70 of the basic human rights guaranteed to individuals by Chapter 3 of the Namibian Constitution.”Nauyoma claimed that the proclamation in particular infringes on articles 8, 10 and 16 of the constitution. Article 8 protects individuals’ right to dignity and he argued that to “refer to someone as a squatter, you violate their right to dignity”.The judges pointed out in their judgment that Article 8 guarantees one fundamental basic right, as well as five basic human rights.‘Not enough’“It is not enough for the applicant [Nauyoma] to approach the court and simply claim in general terms that his right has been violated. The applicant bears the burden of establishing to the satisfaction of the court which specific human right has been violated.”Nauyoma further argued that the proclamation infringes on Article 10 of the constitution in that all persons, whether they are rich or poor, must be treated equally in Namibia.However, the court found that he failed to establish which provision of the proclamation violated Section 10 and in what manner.Article 16 of the Constitution guarantees all persons the right to acquire and own all forms of property in any part of Namibia and Nauyoma argued that the proclamation violates this right.“Furthermore, it is rejected on the grounds that the complainant must provide evidence that his human rights have been violated.”Nauyoma also argued that sections 2 and 9 of the proclamation were unconstitutional because certain terms were allegedly vague, but the court ruled that they were “clear, sufficient and concise enough to enable a person to conduct his business or conduct to order in relation to those provisions”.Struck from rollThe full bench of judges includes acting justice Collins Parker and justices Boas Usiku and George Coleman.Nauyoma’s application, which was brought against the Attorney-General and the Namibian government, was dismissed and consequently struck from the roll. No order was made in respect of legal costs.The case was made after Nauyoma was arrested in 2019 when he tried to stop officers from demolishing a single mother’s house in Okuryangava.The action was carried out on the basis of the Squatters Proclamation.

Nauyoma’s constitutional challenge fails

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Namibian Sun 2025-06-06

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Nauyoma’s constitutional challenge fails

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Namibian Sun 2025-06-06

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