Gam farmers back in court – five almost re-arrested

FIVE of the Gam farmers who were arrested in May for invading the Nyae-Nyae Conservancy were almost re-arrested this week, when they failed to show up for their scheduled court appearance.

This was confirmed by officials at the Magistrate’s Court at Grootfontein, who said that ‘not all the farmers were present, and a warrant of arrest has been issued against those who were absent.’All the farmers – two of whom are minors – had posted bail of N$1 000 each after their first court appearances in May.The five farmers were supposed to appear with 24 others on Tuesday and Wednesday on criminal charges related to their alleged illegal entry through the veterinary cordon fence into the Nyae-Nyae Conservancy. The arrest warrants were put on hold until September 22 and 23 – the dates to which the court cases have been postponed.If they do not appear in court on those dates, the warrants for their arrest will take effect.One of the five had been set to appear in court with nine others on Tuesday. That case has been postponed to September 23 pending further investigations. The other four – said to have been consulting with their lawyers in Windhoek at the time – were supposed to appear with 15 others on Wednesday. That case has been postponed to September 22.Officials at the court expect that the two court cases will be consolidated into one, as the farmers face the same charges.The farmers made headlines in early May when they crossed the veterinary cordon fence into the protected Nyae-Nyae Conservancy with their livestock, sparking an animal health crisis.The members of the Conservancy – mainly comprising the Ju/’hoansi San people for whom the Conservancy is reserved by law – were deeply affected by the presence of the Gam farmers on their land.Along with the Working Group of Indigenous Minorities in Southern Africa (WIMSA), they have threatened to sue the farmers for more than N$600 000 in camping fees, loss of income from trophy hunting, loss of income from harvesting of the Devil’s Claw plants destroyed by the cattle, water and grazing consumption, and for the infringement of rights of the members of the Conservancy. The Legal Assistance Centre is acting for the Conservancy and WIMSA in this regard.The 29 farmers are charged with malicious damage to property, unlawfully entering a Veterinary Zone, and illegal grazing in a communal commonage.COUNTERCHARGESAccording to various reports, the farmers are launching an appeal against Government’s confiscation of more than 1 200 head of cattle and other livestock.The animals are currently being held at the Mangetti East Quarantine Camp. Their confiscation in mid-June caused uproar in various circles, with the Legal Assistance Centre (LAC) describing the move as ‘illegal’ given that the cattle had been confiscated by the Police and not the Government, thereby serving as evidence in the judicial process.The CoD slammed the confiscation as ‘unconstitutional’, ‘retrogressive’ and ‘unpatriotic’; and Swanu and Nudo called for a second Land Conference.Government had stated that it planned to auction off the cattle, with no compensation to the farmers, except for an ex gratia payment. The Permanent Secretary at the Ministry of Agriculture, Water and Forestry, Andrew Ndishishi, told The Namibian at the time that the size of the ex gratia payment would only be determined once the cattle had been sold.