House Auctions Are Legal

PLEASE allow me the opportunity to respond to the letter of Amanda Tsoeu of the NHOA regarding the letter titled ‘House Auctions Are Illegal’ (The Namibian 23 March 2012). At present there is nothing in our law or rules of court to prevent these sorts of auctions from taking place.

I fully agree with the assertions that the present situation is prima facie unconstitutional. However, I point out that until the law is changed as such, it remains valid and is accordingly legal.In this respect I draw the author’s attention to Article 140(1) of the Namibian Constitution. The ombudsman’s challenge is effectively raising the legitimacy of certain provisions of our existing law. It is not reviewing any law.The High Court and Supreme Court have inherent capacity to review its own rules of court to provide for mechanisms to protect people’s rights in the existing procedures. Accordingly, until the courts have decided otherwise, the house auctions are legal because they are being done according to existing legal rules and procedures.Peter WatsonLegal Assistance Centre (LAC)

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