Dispute declared over Kommando grounds
AG accused of becoming ''prostitute law office''
The Maharero Royal House Traditional Authority has declared a legal dispute with the Okahandja municipality over the sale of Erf 1755 in the Nau-Aib neighbourhood of the town to the OvaHerero Traditional Authority (OTA).
The Maharero legal representative, Shikale & Associates, wrote a letter to the municipality on 20 October in which it declared the dispute. It argued that the sale to the OTA was “null and void” as it was entered into “unprocedurally”, since it was neither advertised nor approved by the minister of urban and rural development, Sophia Shaningwa. The Maharero therefore concluded that the plot is still the property of the municipality.
Attorney-General Sacky Shanghala wrote a letter to Shaningwa''s office on 18 October in which he stated that the sale of the plot to the OTA in December 2014 was a “nullity for various reasons”.
Shanghala said although the erf was currently in possession of the OTA, the OTA had “no right” to remain there and that the Okahandja municipality should immediately take legal action to evict the traditional authority from the plot.
He suggested that the municipal council place the proposal of eviction on its agenda at the earliest convenient time and “pass a resolution to take the necessary legal steps” to effect the eviction.
Shaningwa on the same day wrote to the mayor of Okahandja, Johannes Congo Hindjou, to relay Shanghala''s advice.
Paramount Chief Rukoro said the purchase agreement between the municipality and the OTA for the erf was “transparent, an arm''s length transaction”, which was market related and on commercial terms.
“The OTA has bought the erf in broad daylight. We have a deed of sale and have the right of occupation. It is unreasonable for the minister to withhold her consent for the transaction and any High Court will find her wanting. The terms and conditions are exactly the same as those under which hundreds of other transactions in Okahandja and other towns took place and which the minister subsequently allowed,” said Rukoro.
AG meddling in tribal matters
Taking a swipe at Shanghala, Rukoro said the AG should uphold the law and particularly Article 10 of the Namibian constitution, which prohibits discriminatory and unequal treatment.
Rukoro said Shanghala''s advice to Shaningwa amounted to interference in a private transaction and, therefore, he was violating the property rights of the OTA as an investor.
He said neither Shanghala nor Shaningwa gave a single reason why the OTA should be evicted from Erf 1755.
Rukoro said while the Maharero Royal House acted within its rights to lodge an objection to the sale of the erf to the OTA, the Okahandja municipality also acted within its rights to reject the said objection.
“When everything is said and done, where does the central government come in?” Rukoro asked, and charged that the AG has become a “prostitute law office”.
“The Okahandja municipality has its own lawyers and says that the transaction with the OTA was above board. It is clear that the AG is carrying out instructions from some higher office which is hell-bent on bringing President Hage Geingob''s name into disrepute because the case will ultimately end up in court,” said Rukoro.
He said Shanghala''s “meddling in tribal matters” and “uncalled-for political interference will be found wanting and other skeletons will come out”.
Asked what he meant by this, Rukoro responded that there was a “third-force element” in government that is determined to create instability in Geingob''s administration while the president is trying to pull the nation in a different direction for peace and inclusivity.
He said the so-called third force intended to “embarrass the government in defence of a small but politically connected clique”.
“Let them do what they want to do; justice will prevail,” he said.
While he would not mention names, he said the so-called destabilising “third force” was well-known and had lost all respect among ordinary Namibians.
“It is not only me but many from the legal fraternity that are not impressed by the AG''s office in this matter,” said Rukoro, who served as attorney-general from 1995 to
2000.
CATHERINE SASMAN
The Maharero legal representative, Shikale & Associates, wrote a letter to the municipality on 20 October in which it declared the dispute. It argued that the sale to the OTA was “null and void” as it was entered into “unprocedurally”, since it was neither advertised nor approved by the minister of urban and rural development, Sophia Shaningwa. The Maharero therefore concluded that the plot is still the property of the municipality.
Attorney-General Sacky Shanghala wrote a letter to Shaningwa''s office on 18 October in which he stated that the sale of the plot to the OTA in December 2014 was a “nullity for various reasons”.
Shanghala said although the erf was currently in possession of the OTA, the OTA had “no right” to remain there and that the Okahandja municipality should immediately take legal action to evict the traditional authority from the plot.
He suggested that the municipal council place the proposal of eviction on its agenda at the earliest convenient time and “pass a resolution to take the necessary legal steps” to effect the eviction.
Shaningwa on the same day wrote to the mayor of Okahandja, Johannes Congo Hindjou, to relay Shanghala''s advice.
Paramount Chief Rukoro said the purchase agreement between the municipality and the OTA for the erf was “transparent, an arm''s length transaction”, which was market related and on commercial terms.
“The OTA has bought the erf in broad daylight. We have a deed of sale and have the right of occupation. It is unreasonable for the minister to withhold her consent for the transaction and any High Court will find her wanting. The terms and conditions are exactly the same as those under which hundreds of other transactions in Okahandja and other towns took place and which the minister subsequently allowed,” said Rukoro.
AG meddling in tribal matters
Taking a swipe at Shanghala, Rukoro said the AG should uphold the law and particularly Article 10 of the Namibian constitution, which prohibits discriminatory and unequal treatment.
Rukoro said Shanghala''s advice to Shaningwa amounted to interference in a private transaction and, therefore, he was violating the property rights of the OTA as an investor.
He said neither Shanghala nor Shaningwa gave a single reason why the OTA should be evicted from Erf 1755.
Rukoro said while the Maharero Royal House acted within its rights to lodge an objection to the sale of the erf to the OTA, the Okahandja municipality also acted within its rights to reject the said objection.
“When everything is said and done, where does the central government come in?” Rukoro asked, and charged that the AG has become a “prostitute law office”.
“The Okahandja municipality has its own lawyers and says that the transaction with the OTA was above board. It is clear that the AG is carrying out instructions from some higher office which is hell-bent on bringing President Hage Geingob''s name into disrepute because the case will ultimately end up in court,” said Rukoro.
He said Shanghala''s “meddling in tribal matters” and “uncalled-for political interference will be found wanting and other skeletons will come out”.
Asked what he meant by this, Rukoro responded that there was a “third-force element” in government that is determined to create instability in Geingob''s administration while the president is trying to pull the nation in a different direction for peace and inclusivity.
He said the so-called third force intended to “embarrass the government in defence of a small but politically connected clique”.
“Let them do what they want to do; justice will prevail,” he said.
While he would not mention names, he said the so-called destabilising “third force” was well-known and had lost all respect among ordinary Namibians.
“It is not only me but many from the legal fraternity that are not impressed by the AG''s office in this matter,” said Rukoro, who served as attorney-general from 1995 to
2000.
CATHERINE SASMAN
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