Rehoboth land case postponed

The Rehoboth land squabble was back in the High Court yesterday.
Advocate Thabang Phatela, on behalf of the Rehoboth town council, the applicant in the matter, challenged the Baster traditional leadership to allocate plots in the area under the local authority’s jurisdiction.
Phatela then requested a postponement to 1 September, informing the court that the last pages of the applicants’ written heads of argument were missing.
“Records in possession of the court and those in the hands of the applicant are not the same. This is an issue that causes problems in terms of understanding,” Phatela said.
Acting Judge Collins Parker granted the postponement after Advocate Louis Botes, appearing for the Baster traditional leadership, did not have an objection.
The respondents are Rehoboth Bastergemeente, Kaptein John McNab, John C. van Wyk and the inspector-general of the Namibian Police.
The town council purports that the respondents, during third week of January 2014, allegedly invited members of the public to apply for erven in Rehoboth.
The Rehoboth town council is asking for an order that the Bastergemeente does not have the authority to survey, partition and allocate plots in the area falling under the local authority.
They are further asking that the three respondents refrain from acting as if they have the authority to survey or partition erven or allocate town land.
The town council claims it is by law authorised to ensure that the surveying, partitioning and allocation of erven are done in a lawful manner in the best interest of residents and to ensure the rule of law in Rehoboth.
They maintain it is their responsibility to provide municipal services and maintenance of public health in the best interest of the town’s residents.
The town council is asking the court to declare the allocations made by the Bastergemeente null and void.
Willie Swartz, the manager of corporate affairs and human resource development at the town council, alleged in a sworn statement that the respondents’ actions were in pursuance of their belief that the Rehoboth town lands fall with an area that should be under the control of the Bastergemeente. This is allegedly due to some historical claims the Rehoboth Bastergemeente believes it has.
He said when the Namibian constitution took effect in 1990, Rehoboth became part of the Republic of Namibia and the laws of the republic are applicable in Rehoboth.
He maintained that all the land falling within the boundaries of the Rehoboth town area is under the control and jurisdiction of the town council.
According to him in terms of the Local Authorities Act, the Rehoboth town council is the only statutory functionary vested with the power and authority for the administration and control of erven.

FRED GOEIEMAN