Murky compliance with Na‡aJaqna court order
Although their grace period for appealing lapsed last year, illegal settlers in a communal conservancy now want to appeal against their eviction orders.
At least 10 illegal settlers ordered to vacate the Na‡aJaqna Communal Conservancy in Tsumkwe West in October 2016 are continuing efforts to appeal the landmark High Court judgement.
Although a Supreme Court notice issued in late December informed the 10 applicants that their time to appeal had lapsed, lawyers for the group say they plan to apply for leave to do so now.
In December, the Supreme Court informed Isaacks & Associates, that although a notice to appeal was filed on 12 October, no appeal record was filed as per the court rules and that the appeal had lapsed as a result.
Braam Cupido, a lawyer at Isaacks & Associates, who is acting on behalf of the 10 illegal settlers who were ordered to vacate the conservancy, said “we are busy trying to reconstruct the record in the matter, as the court files are incomplete. We have liaised with the government attorney as well as the legal representatives of the original applicants in this regard.”
The notice of appeal was filed last year on behalf of Hilda Nakashole, Andreas Haashela, Onesmus Valombola, Nghidinwa Hamunyelwa, Axel Nambahu, Michachu Muulu, Leonard Paulus, Sakaria Handiya, Fillemon Kapula and Wilhelm Kafidi.
According to their lawyers, the 10 appellants decided to appeal based on their conviction that they are legally entitled to occupy land in the conservancy.
Cupido yesterday said that in terms of the second attempt at an appeal “we'll have to bring an application. The court will decide whether the reasons are acceptable.”
The illegal settlers reportedly planned to base their defence of remaining on the land on the Communal Land Reform Act 5 of 2002 which precludes the Na‡aJaqna conservancy committee from evicting people off the communal land within the conservancy.
Despite court order, clarity absent
No definitive feedback has been provided to Namibian Sun in terms of how many of the 22 respondents ordered last year to vacate the conservancy have done so, in addition to removing their fences and livestock.
In early April, members of the conservancy, with the assistance of the Legal Assistance Centre (LAC), sent two letters to the Communal Land Board requesting feedback on compliance with the court order.
The letters also requested feedback on the orders by the Communal Land Board, dating back to 2013, for the removal of around 120 fences.
The land board convened a meeting on 22 June this year, following receipt of the letters in April.
The Na‡aJaqna Communal Conservancy was still waiting for a reply, conservancy members and the LAC confirmed last week.
A communal conservancy member on Friday said despite some progress and adherence to the court order, some illegal settlers remained on the land. “They are not yet gone; their animals are here, the buildings and the fences.”
Last year, Judge Shafimana Ueitele ordered the traditional authority and the Communal Land Board to ensure that they take the necessary actions to ensure the fences and livestock were removed.
Environment minister Pohamba Shifeta last week told Namibian Sun that he was told “that most of the fences were removed and the few remaining fences are in the process of being removed.”
He said if any officials tasked to enforce the court order failed to do so “they are verging in contempt of court, which is an offence”.
JANA-MARI SMITH
Although a Supreme Court notice issued in late December informed the 10 applicants that their time to appeal had lapsed, lawyers for the group say they plan to apply for leave to do so now.
In December, the Supreme Court informed Isaacks & Associates, that although a notice to appeal was filed on 12 October, no appeal record was filed as per the court rules and that the appeal had lapsed as a result.
Braam Cupido, a lawyer at Isaacks & Associates, who is acting on behalf of the 10 illegal settlers who were ordered to vacate the conservancy, said “we are busy trying to reconstruct the record in the matter, as the court files are incomplete. We have liaised with the government attorney as well as the legal representatives of the original applicants in this regard.”
The notice of appeal was filed last year on behalf of Hilda Nakashole, Andreas Haashela, Onesmus Valombola, Nghidinwa Hamunyelwa, Axel Nambahu, Michachu Muulu, Leonard Paulus, Sakaria Handiya, Fillemon Kapula and Wilhelm Kafidi.
According to their lawyers, the 10 appellants decided to appeal based on their conviction that they are legally entitled to occupy land in the conservancy.
Cupido yesterday said that in terms of the second attempt at an appeal “we'll have to bring an application. The court will decide whether the reasons are acceptable.”
The illegal settlers reportedly planned to base their defence of remaining on the land on the Communal Land Reform Act 5 of 2002 which precludes the Na‡aJaqna conservancy committee from evicting people off the communal land within the conservancy.
Despite court order, clarity absent
No definitive feedback has been provided to Namibian Sun in terms of how many of the 22 respondents ordered last year to vacate the conservancy have done so, in addition to removing their fences and livestock.
In early April, members of the conservancy, with the assistance of the Legal Assistance Centre (LAC), sent two letters to the Communal Land Board requesting feedback on compliance with the court order.
The letters also requested feedback on the orders by the Communal Land Board, dating back to 2013, for the removal of around 120 fences.
The land board convened a meeting on 22 June this year, following receipt of the letters in April.
The Na‡aJaqna Communal Conservancy was still waiting for a reply, conservancy members and the LAC confirmed last week.
A communal conservancy member on Friday said despite some progress and adherence to the court order, some illegal settlers remained on the land. “They are not yet gone; their animals are here, the buildings and the fences.”
Last year, Judge Shafimana Ueitele ordered the traditional authority and the Communal Land Board to ensure that they take the necessary actions to ensure the fences and livestock were removed.
Environment minister Pohamba Shifeta last week told Namibian Sun that he was told “that most of the fences were removed and the few remaining fences are in the process of being removed.”
He said if any officials tasked to enforce the court order failed to do so “they are verging in contempt of court, which is an offence”.
JANA-MARI SMITH
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