Erindi plays ball with AR
One of the owners of the Erindi Private Game Reserve has offered to donate part of the sale price for public housing projects.
The owners of Erindi Private Game Reserve have agreed to meet some of the Affirmative Repositioning (AR) movement's demands linked to the High Court settlement agreement regarding the potential sale of the 70 000-hectare property.
AR leader Job Amupanda recently sent a letter outlining the demands to the owners and land reform minister Utoni Nujoma, which included the establishment of a 2 500-unit township near Windhoek and the servicing of 300 plots at Goreangab.
It also wanted millions to be channelled towards housing in Windhoek and Walvis Bay, as a caveat to the settlement agreement.
Paul Joubert responded last week to Amupanda and Nujoma, saying he would ask the government to consider some of AR's demands.
Joubert said although it was his right in terms of the Namibian Constitution to dispose of his property, he was also aware of the call by President Hage Geingob for wealthy Namibians to share their wealth with underprivileged locals.
He said he understood and shared the frustration of the youth on matters relating to the unavailability of serviced residential land in towns.
“I have considered your demands, which were directed at the lands ministry, and I am pleased to inform you that I will request government to at least favourably consider some of your demands, in particular to avail funds towards the servicing of residential plots in Windhoek.”
Joubert said he would also request the government to consider acquiring a farm or two for unemployed agricultural graduates and other young people.
“In this respect I will as part of the negotiations between Erindi and government offer a certain amount out of the proceeds of the sale of the shares in Erindi in order to benefit the public and particularly formerly disadvantaged Namibians, as contemplated under article 23 of the Namibian Constitution.”
Joubert added he would therefore request Nujoma to favourably consider some of AR's “well-meant proposals”, but this was also subject to Nujoma imposing certain conditions.
However, he specified in his letter that this was subject to the court case being settled on or before 28 March.
The case was postponed to 18 April, because the parties were unable to finalise the negotiated settlement on time. Joubert said with regard to employment at Erindi, he would, provided that the government granted consent in terms of sections 17 and 58 of the Agricultural (Commercial) Land Reform Act on or before 28 March 2019, negotiate with any prospective purchaser of shares in Erindi, to ensure that it would continue to contribute to the Namibian economy. This would also include that there should not be retrenchments of employees as a result of the transaction.
AR wanted the Erindi owners or buyers to purchase one farm within a radius of 50 kilometres from the Windhoek central business district to be used for the purpose of establishing a youth township with the capacity to accommodate a minimum of 2 500 houses.
AR also wanted them to provide N$10 million for the finalisation of the servicing 300 residential plots at Goreangab and for the connection of bulk services for the 300 plots and empty houses at Otjomuise.
Another demand was that the Erindi owners or buyers should buy five farms for the Youth in Agriculture for Economic Freedom initiative and that they allocate each farm start-up capital of not less than N$2 million to allow for productive farming.
Lawsuit
Erindi first launched legal action against the lands minister in October 2016. In the initial lawsuit, it asked the court to order the land reform minister to hand over all valuation reports the minister relied on to make an offer to buy Erindi for N$265 million.
The company also asked the court to declare that the minister acted in breach of his constitutional duty to act fairly, reasonably and in compliance with the law, when he made the offer to buy Erindi for N$265 million. It further wanted the court to order the minister to provide the company with a letter consenting to the sale of Erindi to a non-Namibian buyer.
Then, in an amended application, Erindi wanted the court to review and set aside the minister's offer of N$265 million.
Erindi also applied for an order to declare that a written agreement exists in which government bought the company for N$1.92 billion - or to declare that the minister had declined the company's offer to sell to government, and that Erindi is now entitled to a waiver in terms of which the agricultural land it owns can be sold to a private buyer. It further wanted the court to declare that Erindi is entitled to market and sell itself as a going concern - also to non-Namibian potential buyers.
According to court documents a draft settlement has been prepared and is currently being considered by Erindi and the Office of the Attorney-General. The parties have agreed that the matter be postponed to 18 April.
ELLANIE SMIT
AR leader Job Amupanda recently sent a letter outlining the demands to the owners and land reform minister Utoni Nujoma, which included the establishment of a 2 500-unit township near Windhoek and the servicing of 300 plots at Goreangab.
It also wanted millions to be channelled towards housing in Windhoek and Walvis Bay, as a caveat to the settlement agreement.
Paul Joubert responded last week to Amupanda and Nujoma, saying he would ask the government to consider some of AR's demands.
Joubert said although it was his right in terms of the Namibian Constitution to dispose of his property, he was also aware of the call by President Hage Geingob for wealthy Namibians to share their wealth with underprivileged locals.
He said he understood and shared the frustration of the youth on matters relating to the unavailability of serviced residential land in towns.
“I have considered your demands, which were directed at the lands ministry, and I am pleased to inform you that I will request government to at least favourably consider some of your demands, in particular to avail funds towards the servicing of residential plots in Windhoek.”
Joubert said he would also request the government to consider acquiring a farm or two for unemployed agricultural graduates and other young people.
“In this respect I will as part of the negotiations between Erindi and government offer a certain amount out of the proceeds of the sale of the shares in Erindi in order to benefit the public and particularly formerly disadvantaged Namibians, as contemplated under article 23 of the Namibian Constitution.”
Joubert added he would therefore request Nujoma to favourably consider some of AR's “well-meant proposals”, but this was also subject to Nujoma imposing certain conditions.
However, he specified in his letter that this was subject to the court case being settled on or before 28 March.
The case was postponed to 18 April, because the parties were unable to finalise the negotiated settlement on time. Joubert said with regard to employment at Erindi, he would, provided that the government granted consent in terms of sections 17 and 58 of the Agricultural (Commercial) Land Reform Act on or before 28 March 2019, negotiate with any prospective purchaser of shares in Erindi, to ensure that it would continue to contribute to the Namibian economy. This would also include that there should not be retrenchments of employees as a result of the transaction.
AR wanted the Erindi owners or buyers to purchase one farm within a radius of 50 kilometres from the Windhoek central business district to be used for the purpose of establishing a youth township with the capacity to accommodate a minimum of 2 500 houses.
AR also wanted them to provide N$10 million for the finalisation of the servicing 300 residential plots at Goreangab and for the connection of bulk services for the 300 plots and empty houses at Otjomuise.
Another demand was that the Erindi owners or buyers should buy five farms for the Youth in Agriculture for Economic Freedom initiative and that they allocate each farm start-up capital of not less than N$2 million to allow for productive farming.
Lawsuit
Erindi first launched legal action against the lands minister in October 2016. In the initial lawsuit, it asked the court to order the land reform minister to hand over all valuation reports the minister relied on to make an offer to buy Erindi for N$265 million.
The company also asked the court to declare that the minister acted in breach of his constitutional duty to act fairly, reasonably and in compliance with the law, when he made the offer to buy Erindi for N$265 million. It further wanted the court to order the minister to provide the company with a letter consenting to the sale of Erindi to a non-Namibian buyer.
Then, in an amended application, Erindi wanted the court to review and set aside the minister's offer of N$265 million.
Erindi also applied for an order to declare that a written agreement exists in which government bought the company for N$1.92 billion - or to declare that the minister had declined the company's offer to sell to government, and that Erindi is now entitled to a waiver in terms of which the agricultural land it owns can be sold to a private buyer. It further wanted the court to declare that Erindi is entitled to market and sell itself as a going concern - also to non-Namibian potential buyers.
According to court documents a draft settlement has been prepared and is currently being considered by Erindi and the Office of the Attorney-General. The parties have agreed that the matter be postponed to 18 April.
ELLANIE SMIT
Comments
Namibian Sun
No comments have been left on this article