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06:58Last update on: 13 Aug 2013
The Namibian
Tue 13 Aug 2013


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Illegal farmers’ case goes to court
Theresia Tjihenuna
THE N≠a Jaqna conservancy in the Tsumkwe area will on Friday approach the High Court through their lawyers to get an order allowing the police to serve 32 respondents with eviction orders.
The !Kung Community of the N≠a Jaqna conservancy in the Tsumkwe area has said their land is being stolen and sold to people from outside their area and has called for government intervention.
Illegal farmers in the area have defied police orders to vacate the area and the committee has now decided to apply for what is called in legal terms a procedural substitute founding application to allow the police to serve the papers on the illegal settlers.
The lawyer representing the conservancy, Peter Watson from the Legal Assistance Centre (LAC), says the application is in two parts.
“The first application is for an order for substituted service to ask the police to serve the main application instead of the messenger of the court. Once we have that order, the second or main application will be served on the respondents,” he explained.
He said the respondents have the opportunity to file their opposing affidavits and once all the procedural requirements for the application are met, the matter will be set down in court for argument and judgement.
Watson also said that he has been informed that the Otjozondjupa Land Board has received applications from over 41 people to register customary rights given by the late !Kung Chief John Arnold before his death in July 2012.
According to another lawyer representing the conservancy Willem Odendaal, who is also from the LAC, more farmers continue to occupy and fence-off land illegally in the Tsumkwe West area despite the order from authorities for them to vacate the area.
Approached for comment on the progress made in removing the illegal farmers in the area, the Chief of the Namibian Police, Inspector-General Sebastian Ndeitunga, distanced himself from the situation, saying the matter has now been taken over by the Ministry of Lands and Resettlement.
Ndeitunga could not confirm if farmers have started to vacate the area or not.
Last month Ndeitunga boldly stated that those who defied the orders of the police to voluntarily remove their illegal fences in the area will face the full wrath of the law.
“The Land Act is administered by the Ministry of Lands and Resettlement so they are the ones who have to respond to that,” Ndeitunga said yesterday.
The Otjozondjupa Land Board declined to comment on the matter because the “process has not yet started”.
The !Kung Community of the N≠a Jaqna conservancy in the Tsumkwe area has said their land is being stolen and sold to people from outside their area and has called for government intervention.
Illegal farmers in the area have defied police orders to vacate the area and the committee has now decided to apply for what is called in legal terms a procedural substitute founding application to allow the police to serve the papers on the illegal settlers.
The lawyer representing the conservancy, Peter Watson from the Legal Assistance Centre (LAC), says the application is in two parts.
“The first application is for an order for substituted service to ask the police to serve the main application instead of the messenger of the court. Once we have that order, the second or main application will be served on the respondents,” he explained.
He said the respondents have the opportunity to file their opposing affidavits and once all the procedural requirements for the application are met, the matter will be set down in court for argument and judgement.
Watson also said that he has been informed that the Otjozondjupa Land Board has received applications from over 41 people to register customary rights given by the late !Kung Chief John Arnold before his death in July 2012.
According to another lawyer representing the conservancy Willem Odendaal, who is also from the LAC, more farmers continue to occupy and fence-off land illegally in the Tsumkwe West area despite the order from authorities for them to vacate the area.
Approached for comment on the progress made in removing the illegal farmers in the area, the Chief of the Namibian Police, Inspector-General Sebastian Ndeitunga, distanced himself from the situation, saying the matter has now been taken over by the Ministry of Lands and Resettlement.
Ndeitunga could not confirm if farmers have started to vacate the area or not.
Last month Ndeitunga boldly stated that those who defied the orders of the police to voluntarily remove their illegal fences in the area will face the full wrath of the law.
“The Land Act is administered by the Ministry of Lands and Resettlement so they are the ones who have to respond to that,” Ndeitunga said yesterday.
The Otjozondjupa Land Board declined to comment on the matter because the “process has not yet started”.
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