Amupanda files complaint against redline case judge

Affirmative Repositioning leader Job Amupanda has filed a complaint against High Court judge Shafimana Ueitele, accusing the judge of mishandling the trial on his attempt to have Namibia’s veterinary cordon fence (redline) removed.

Amupanda filed his complaint against Ueitele with the Judicial Service Commission on Wednesday.

In the complaint, Amupanda accuses Ueitele of having “a negative and hostile tone” towards his legal team during the hearing of his case in the Windhoek High Court two weeks ago and on Friday last week.

Amupanda is represented by legal counsel Mbushandje Ntinda and instructing lawyer Kadhila Amoomo in the matter, in which he wants the court to declare the erection of the redline unconstitutional and to order the removal of the fence.

“The commentary and decorum of the judicial officer left much to be desired on various aspects,” Amupanda alleges in his complaint.

Amupanda claims that remarks made by Ueitele to Ntinda “border on a personal attack on a legal practitioner as they do not address any issues of legal principles”.

Amupanda also alleges that the judge said to Ntinda at one point that “you cannot as a matter of fact say that your father is your father, you cannot because you were not there when you were being born”.

He says “this statement from a judicial officer should be unacceptable and should be met with serious consequences for various reasons”.

“This statement, made publicly by a judicial officer, sent a shocking and horrible message to not only me but also to Namibians that were watching [court proceedings], including the parents, siblings and children of my legal representatives. It basically means that as litigants and legal practitioners, we must be prepared to have reference being made about the bedroom affairs of our parents by the judicial officers and a judiciary [to] which we come for sanctuary and resolution of conflict,” Amupanda says.

He also complains that Ueitele interrupted Ntinda during the hearing of oral arguments on Friday last week, “asking him questions, attacking him personally and making disparaging remarks against both me as a plaintiff and my legal representative”, while the lawyers representing the defendants in the matter were allowed to make their arguments undisturbed and without being interrupted.

In the National Assembly on Wednesday, Popular Democratic Movement lawmaker Hidipo Hamata gave notice that he will be posting a parliamentary question to the minister of agriculture, water and land reform, Calle Schlettwein, on Thursday next week about a land tax payment exemption that was granted to Ueitele.

Schlettwein announced in the Government Gazette in August last year that hundreds of farm owners had been exempted from paying land tax in the tax years from 2019 to 2021.

Ueitele is among more than 500 farm owners exempted from paying land tax during two tax years. According to Schlettwein’s announcement, Ueitele did not have to pay land tax totalling N$7 048 in 2018 and 2020.

In his case about the redline, Amupanda has cited Schlettwein as the first defendant and the government as second defendant.

In his question to Schlettwein, Hamata is asking on what basis Ueitele was granted an exemption from paying land tax.

Hamata is also asking: “Does the minister acknowledge that granting a tax exemption to a judge presiding over a case involving the government creates a serious perception of bias and undermines public trust in the fairness of judicial and ministerial decisions?”

Giving notice of his question, Hamata said the exemption granted to Ueitele “raises serious concerns about whether the exemption process is being fairly and lawfully administered or if it is being used to unduly benefit individuals in positions of influence”.

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