A Sheep stud farmer who died in an aircraft crash in the Maltahöhe area near the end of August has now won a court case about a decision of the Meatmaster Sheep Breeders’ Society of Namibia to expel him from the organisation for a year.
In a judgement delivered in the Windhoek High Court on Friday, acting judge James Devittie ordered the Meatmaster Sheep Breeders’ Association of Namibia not to implement its decision to expel Maltahöhe area farmer Johnny Hanekom as a member of the association.
Devittie also called on the association to show on 15 October why the court should not review and set aside the association’s decision to expel Hanekom from its membership for one year.
Hanekom filed an urgent application against the association during the first week of August – about three weeks before his death in an aircraft accident at a farm in the Maltahöhe area on 30 August.
Hanekom, who was a founding member and former chairperson of the association, took legal action after the organisation found him guilty of misconduct in July this year and decided to expel him as a member for one year.
The association took that step after Hanekom had held an auction of sheep from his Meatmaster stud in April, a day after another Meatmaster breeder from the Grünau area held an auction of animals under the association’s banner.
In terms of the association’s rules its members may not hold auctions under the Meatmaster banner within seven days from one another, the court was informed.
According to Hanekom, though, the auction in which he took part with two Dorper sheep breeders was not conducted under the Meatmaster association’s protection and he did not use the organisation’s name, logo or officials with the auction, Devittie recounted in his judgement.
Hanekom also informed the court he decided to take part in the auction in April after the association refused his request to have an auction of animals from his Meatmaster stud during the first week of February, which he said was the customary slot when he held auctions of his sheep.
About the disciplinary hearing that resulted in the decision to expel him, Hanekom said the charges against him were given to him only on the day of the hearing, and although he denied guilt no evidence was led and he was not given an opportunity to challenge the evidence against him before he was found guilty.
Devittie observed that Hanekom clearly raised material disputes about the nature of the auction in which he took part in April and the association’s application of its seven-day rule.
Devittie did not make a finding on whether the disciplinary proceedings were lawful or not, but concluded that Hanekom had shown he could suffer irreparable harm if the court did not intervene in his expulsion from the association.
