Traditional authority loses eviction bid
An application by the Otjikaoko Traditional Authority for an eviction order against three respondents and an order interdicting them from settling on any communal area under its jurisdiction was dismissed with costs in the High Court in Windhoek.
Judge Boas Usiku last week ordered the traditional authority with its seat in Opuwo, Kunene Region, to pay legal costs of the application.
The specific areas in dispute are Okanandjira and Oupako in the Kunene Region.
The respondents were Tjimaka Tjavara, Otjijatu Herunga and Ruputu Tjisuta, all of whom currently reside in the areas in question.
They are accused of having come from Orotjitombo area and settling at Oupako in November 2014 without authorisation.
Judge Usiku emphasised that it is difficult to determine whether or not the respondents are members of a different traditional community who left their community and settled in the area under the jurisdiction of the Otjikaoko authority.
“This aspect is crucial because part of the prayer sought by the Otjikaoko Traditional Authority is to interdict the individuals from settling on any communal area under the authority of the said traditional authority,” the judge stated.
He further stated it is not indicated why Herunga must be interdicted from settling on any communal area under the authority of the applicant.
Tjavara, Herunga and Tjisuta had argued that they have temporary grazing rights and are authorised to reside at Okanandjira and Oupako. The inspector-general of the Namibian police was also cited as a respondent.
Herunga and Tjavara were authorised to reside in the said area by the chief there and contended that the chief of Otjikaoko, Paulus Tjavara, did not consent to their eviction.
“It is the contention of the respondents that Herunga was born and raised at Ekango and has right to reside at Oupako and Okanandjira. I hasten to add here that it is not clear from the evidence how all these places relate to one another,” Judge Usiku said.
FRED GOEIEMAN
Judge Boas Usiku last week ordered the traditional authority with its seat in Opuwo, Kunene Region, to pay legal costs of the application.
The specific areas in dispute are Okanandjira and Oupako in the Kunene Region.
The respondents were Tjimaka Tjavara, Otjijatu Herunga and Ruputu Tjisuta, all of whom currently reside in the areas in question.
They are accused of having come from Orotjitombo area and settling at Oupako in November 2014 without authorisation.
Judge Usiku emphasised that it is difficult to determine whether or not the respondents are members of a different traditional community who left their community and settled in the area under the jurisdiction of the Otjikaoko authority.
“This aspect is crucial because part of the prayer sought by the Otjikaoko Traditional Authority is to interdict the individuals from settling on any communal area under the authority of the said traditional authority,” the judge stated.
He further stated it is not indicated why Herunga must be interdicted from settling on any communal area under the authority of the applicant.
Tjavara, Herunga and Tjisuta had argued that they have temporary grazing rights and are authorised to reside at Okanandjira and Oupako. The inspector-general of the Namibian police was also cited as a respondent.
Herunga and Tjavara were authorised to reside in the said area by the chief there and contended that the chief of Otjikaoko, Paulus Tjavara, did not consent to their eviction.
“It is the contention of the respondents that Herunga was born and raised at Ekango and has right to reside at Oupako and Okanandjira. I hasten to add here that it is not clear from the evidence how all these places relate to one another,” Judge Usiku said.
FRED GOEIEMAN
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