A DEADLINE has been set to internally resolve the issues surrounding the illegal settlement of the 300 Gam farmers in the Nyae-Nyae Conservancy.
Lesle Jansen, legal consultant at the Legal Assistance Centre, confirmed yesterday that the LAC was in ‘negotiations with the different traditional authorities of the people illegally residing within the conservancy’ to resolve the issues between them and the Ju/’hoansi Traditional Authority. The cut-off date is August 9.Should the illegal settlers and the San fail to reach an agreement by the set date, the LAC ‘will upon instruction of our clients decide whether we are going to court and what our next option is’.Jansen added that the LAC had advised the Herero settlers living within Tsumkwe township that they were violating the town’s by-laws, which state that ‘no animal husbandry’ is allowed within the town’s boundaries. According to people in the area, one of the biggest problems associated with the Herero farmers’ presence in the area is the influx of donkeys, horses and other domestic animals. Since the arrival of the Gam farmers, who illegally cut the veterinary cordon fence to gain access into the Nyae-Nyae conservancy last year, the Ju/’hoansi community has increasingly voiced their dissatisfaction with the invasion and the impact it has had on them.At a meeting held towards the end of June between the San community and the Gam community, several of the Herero farmers asked the San to reconsider their decision and to allow the Gam farmers to remain in the conservancy.Chief Bobo, the leader of the Ju/’hoansi Traditional Authority, said the San community remained unhappy with the presence of the Gam farmers and would not reconsider. ‘I am the chief in this area. I am not the owner of the land. The people are not happy …’ he said. An elderly Herero man is quoted as telling Chief Bobo, ‘What will you have us do? Return to Gam to die?’Chief Bobo however pointed out that ‘you cut the fence and came into my area. You cut the property of the Government and move in. This will not be accepted or allowed at this stage.’ He added that there is a law regarding the movement of people in Namibia. ‘I as a San person respect that law. Why will you not respect that law?’According to the Traditional Authorities Act 25 of 2000 and the Communal Land Reform Act 5 of 2002, the right to live in the conservancy depends on the consent of the traditional chief. According to Namibian law, the Gam farmers require permission from Chief Bobo to settle in the area, as he is the only person who can allocate residential and farming units in the conservancy.According to a conservationist who has regular dealings with the San and the Gam farmers, the Gam farmers ‘have no respect for the San Traditional Authority.’ He added that the San are ‘a peace-loving community’ and the Gam farmers often ‘threaten and intimidate’ the Ju/’hoansi living in the conservancy. Several people who have monitored the situation since last year have said that complaints from the San regarding the occupation include complaints of illegal hunting, intimidation, threats and even violence.Furthermore, the added pressure of the invaders on the natural resources in the area pose a serious threat to the quality of life and economic survival of the San.In June, Deputy Prime Minister Marco Hausiku visited the conservancy and reportedly said that the 300 invaders put pressure on water and sanitation in the area. He is also reported to have told the Gam to stick to the law and to return to Gam, where Government has provided schools and a clinic for the community.
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