The government and other defendants sued by Affirmative Repositioning leader Job Amupanda in his quest to have Namibia’s veterinary cordon fence (redline) declared unconstitutional and removed will ask for the dismissal of his claim.
Lawyers Herman Steyn, representing the government and minister of agriculture, water and rural development, and Raymond Heathcote, representing the Livestock and Livestock Products Board of Namibia, informed judge Shafimana Ueitele on Friday that they will apply for the dismissal of Amupanda’s claim.
They will take this step after Amupanda’s testimony on his claim against the government and other defendants was concluded in the Windhoek High Court on Friday.
Legal counsel Mbushandje Ntinda, who is representing Amupanda, also informed the judge that the end of Amupanda’s testimony concludes his case.
At the end of a plaintiff’s case, defendants can apply for the dismissal of the claim against them if in their view no evidence has been placed before the court on which it will rule in the plaintiff’s favour.
Amupanda is claiming the veterinary cordon fence is a colonial instrument that is unconstitutional because it is discriminatory and results in people living north of the fence being treated differently from people living south of the fence.
He is also claiming that the fence violates the dignity of predominantly black people travelling from northern Namibia to the part of the country south of the fence, and that it is not rationally connected to any purposes.
According to the government, though, the veterinary cordon fence was erected for legitimate and rational purposes, which are to prevent and control the spreading of animal diseases in Namibia.
In a plea in response to Amupanda’s claim, the government denies Amupanda’s allegation that the fence is aimed at restricting predominantly black people who live north of the redline.
The government is also denying Amupanda’s allegation that his and other people’s constitutional rights and freedoms are being infringed because of the existence of the redline.
According to the Livestock and Livestock Products Board of Namibia, the veterinary cordon fence prevents and controls the spreading of animal diseases throughout Namibia, which is of vital importance for Namibia’s meat industry and ensures that meat products produced in the part of Namibia classified as free of foot-and-mouth disease can be exported to international markets.
Ueitele postponed the case to Friday next week (31 January) for oral arguments on the application to dismiss Amupanda’s claim to be heard.
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