Gam farmers face civil suit

THE Legal Assistance Centre is assisting the Nyae-Nyae Conservancy and its community in suing farmers from the Gam area for up to N$537 700 in damages.

The farmers invaded the protected area, reserved by law for the Ju/’hoansi San people, over the Workers’ and Cassinga Day long weekend by cutting through a veterinary cordon fence.According to a press release issued by the Conservancy, the more than half-a-million-dollar figure includes camping fees that by the end of May could total N$79 000, potential loss of income from trophy-hunting fees in the amount of N$137 500, loss of income of N$147 000 from harvesting of Devil’s Claw plants being destroyed by the cattle, N$66 000 for water and grazing consumption, and N$108 000 for the infringement of rights of the members of the Conservancy.The costs, however, ‘do not include the cost to each and every Namibian for the Police, ministry and court time to deal with this illegal activity and the potential impact on the national trophy-hunting, tourism, renowned conservancy programme and billion-dollar meat export industry if Namibia is seen not to enforce veterinary controls, its land laws and respect its people rights.’LACK OF ACTIONIn a briefing issued by the LAC, the Conservancy and the Working Group of Indigenous Minorities in Southern Africa (WIMSA), the three groups expressed concern that ‘the situation in Nyae-Nyae Conservancy is deteriorating by the day, and a lack of swift action from the various ministries involved has allowed the issue to develop to the stage where it will affect the Conservancy and its inhabitants for years to come.’They said the lack of action ‘sets a dangerous precedent for Namibia’s conservancy programme and protected areas whilst left unchecked,’ and called for ‘swift and meaningful steps’ to be taken by the Government task team currently in Tsumkwe.Citing various national laws broken by the occupation of the farmers – including the Animal Diseases and Parasites Act of 1956, Traditional Authorities Act of 1995, Communal Land Reform Act of 2002, and the Forest Act of 2001 – the groups also state: ‘We fully expect that the Government will ensure that people who have broken the law face the consequences of their actions, and in addition the conservancy will be taking action to claim damages due to its members.’Meanwhile, three more farmers from the Gam area have been arrested in the Nyae-Nyae Conservancy after they entered through the veterinary cordon fence with their families and 160 cattle.Detective Inspector Samuel Edward Gariseb yesterday told The Namibian that 15 people entered the conservancy on Friday, and arrived at Gura with 160 cattle. Three were arrested yesterday, and are being held in Police custody pending a court appearance.This brings the total number of arrests to 31, and the total number of cattle impounded to 1 181.The first 28 farmers who were arrested were released on Friday after they posted bail of N$1 000 each.According to reports from various sources in the area, after the farmers were released on bail, some of them went straight to the farm Appel Pos, where their livestock – 1 021 in total – were being quarantined, and allegedly ‘stole’ their cattle back.One reliable source told The Namibian that, ‘the (farmers) know they cannot keep their cattle in Nyae-Nyae, and they now want to take them back, the same way they came in.’The group allegedly forced their way onto the farm, which was under the supervision of some of the Ju/’hoansi San people because Government officials who were supposed to be looking after the confiscated livestock ‘evidently left for the weekend and went to town’.The farmers reportedly ‘began leading them out from Appel Pos, back into Tsumkwe, to return to Gam.’Gariseb, however, told The Namibian yesterday that the farmers were simply walking in and out of the conservancy without their livestock, and that they had not ‘stolen’ their cattle back. ‘All the cattle are still there,’ he said.The high-level task team consisting of officials from the Ministries of Lands and Resettlement, Environment and Tourism, Agriculture, Water and Forestry, and Information and Communication Technology is currently in the Nyae-Nyae area to meet with the community and look at possible ways of resolving the situation. The Permanent Secretary in the Ministry of Information and Communication Technology, Mbeuta Ua-Ndjarakana, who led the team, could not be reached on his cellphone by the time of going to press.He told The Namibian on Monday that the objective of the team would be to carry out an assessment of the situation at Nyae-Nyae and ‘establish mutually workable approaches to resolving the situation’.nangula@namibian.com.na