Seventeen Kaisosi residents at Rundu face High Court action over alleged land sales, as tensions rise between the community, developers, and the Rundu Town Council.
The residents have been taken to court by a property development company over the alleged illegal occupation of land and the sale of plots on portion 118 of Rundu’s townlands.
MPeace Property Development filed a combined summons in the High Court at Oshakati against the residents on 6 October this year.
MPeace contracts and litigation manager Linus Neumbo in his affidavit, saying the Rundu Town Council sold MPeace portion 118 of the Rundu townlands no 1329, covering 52 hectares, for N$2.6 million in 2011. A N$2.4-million deposit was paid into the council’s account on 19 October of the same year.
“We have given them 10 days’ notice to defend and serve a copy thereof on the plaintiff’s legal practitioner.
We made it clear to the Rundu Town Council that we are not party to the dispute between those seeking compensation and any other parties involved,” he says.
Neumbo says the council was advised to engage the community.
“If there are people with legitimate claims, pay them, that is none of our business. I personally told this group that this is our position and that we should have a meeting to discuss the matter,” he says.
He claims the Kaisosi committee refuses to meet the town council, and that both sides avoid each other.
“We want to verify their claim and support them if they have a legitimate case.
Yet they have refused to provide documentation,” Neumbo says. He says having a mahangu field does not grant land ownership, only a communal land right.
“That land belongs to the state, and the traditional authority is merely a custodian responsible for administering it,” Neumbo says, adding that selling communal land is illegal.
“We have informed the Rundu Town Council that we are the rightful owners of the land, and we have title deeds.
Even we, as the owners, cannot build without approved building plans, but these people started building permanent structures illegally on our land,” he says.
Neumbo is accusing the council of failing to act against “illegal builders”.
Meanwhile, Kaisosi Suburb Committee chairperson Isack Maseka is accusing the council of selling unserviced land without compensating residents.
“The land was taken and sold to developers without any compensation.
The council never consulted the owners,” he claims.
Maseka says land meant for public use, including a police station, schools, and markets, has been affected.
“We are not against development; we want development with dignity and justice,” he says.
The secretary to the Kaisosi headwoman, Ipumbu Naingwendje, says no consultation has taken place.
“We only find out about decisions after they’re made. He added that while some were assessed for compensation, none have confirmed receiving payments,” Naingwendje says.
Shambyu chairperson and Chief’s Council member Sebastian Kantema says the council lacks records of Rundu’s borders, but confirms that the 1992 proclamation places Kaisosi within the town’s jurisdiction.
“No one is allowed to sell communal land or a mahangu field to anyone,” he warns. The Rundu Town Council confirmed an agreement with MPeace Property Development.
The council says the town’s boundaries stretch 15km from east to west and 10km south of the town.
“Kaisosi has been proclaimed by the town council since 1992, even though the town at the time was the central business district only,” the council says.
The council has appealed to all affected residents to follow compensation procedures to apply to the council.
“The person who feels rightful or qualified to be compensated should apply to the council, and if such a person qualifies will be compensated with due process,” the council says.
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