No joy for farmer after fire

Four years after a government consultant caused a fire that destroyed a considerable part of his farm and caused damages exceeding N$1.6 million, pensioner Chris Smit (81) has come up against a brick wall in his search for justice.

Farm Zarachaibes south of Rehoboth, which forms part of the protected Camelthorn Tree Forest, went up in flames on 12 June 2012 after a vehicle belonging to Namibia Hydrosearch, which was doing work commissioned by the Ministry of Agriculture, Water and Forestry, accidentally caught fire.

The fire destroyed fences, grazing, fodder, camelthorn trees estimated at more than N$660 000, and firewood.

Smit said the vehicle had entered the farm without his knowledge or consent.

The fire was the start of a protracted and fruitless battle with government bodies and officials.

Smit had originally submitted a fire claim to Namibia Hydrosearch but in December 2012 was advised by the law firm Francois Erasmus & Partners, which acted on behalf of Namibia Hydrosearch, that the company denied any liability and that it would defend any legal action that might be instituted in this matter.

Smit then approached the agriculture ministry that had appointed Namibia Hydrosearch, which he thought was ultimately responsible for the company’s conduct while on commission.

What followed was an endless stream of back-and-forth correspondence over months and a request for a meeting, which never materialised.

“I was referred from one official to the next within the ministry. Whilst everyone I met with was very sympathetic, nobody would accept any responsibility and I was caught in an endless circle of referrals, with no results,” the despondent Smit complained.

After he received no acknowledgement of a letter he had sent to the former permanent secretary in the ministry, Andrew Ndishishi, he went to the ministry in January 2014 in a desperate attempt to follow up the matter.

There he was assigned two officials who were instructed to find a solution to the issue.

Smit said he felt assured that would finally bring the matter to a close, but afterwards he only received a letter from the office of the Attorney-General which informed him that the matter would henceforth be dealt with by that office on behalf of the ministry.

The AG’s office then only on 13 October 2014 wrote to inform Smit that the government would not entertain his “unsubstantiated claim”.

Again, out of desperation, Smit met with agriculture minister John Mutorwa on 26 March 2015, who concluded that the case was allowed by all parties to drag on unnecessarily and proposed that it be resolved out of court through “honest discussions”, particularly with the ministry’s geo-hydrology department “considering humanitarian issues involved”.

Mutorwa had also advised that the AG’s office and Smit’s legal representatives meet urgently to resolve the matter amicably.

On 22 May 2015 Smit received a letter from government attorney Matti Asino, who stated that the AG’s office would “vigorously defend” any claims made.

“As a result of the actions and/or negligence of a contractor appointed by the ministry I have lost a considerable amount of money. I have tried every manner possible to engage with the ministry in a civil manner to find a mutually acceptable solution and have been incredibly patient.

“However, I have been frustrated at every turn and now have to face the ultimate insult of being forced to take the government to court to receive retribution with the government using taxpayers’ money, in other words partly funded by me, to defend itself,” a frustrated Smit wrote to the AG’s office in response.

On advice by one of President Hage Geingob’s advisors, Inge Zaamwani-Kamwi, Smit also reported the matter to the office of the Ombudsman, which said the matter had already gone stale.

CATHERINE SASMAN