Kavango grazing dispute case thrown out of court

ANOTHER attempt by a group of Oshiwambo-speaking farmers to get the High Court to allow them to return to grazing areas in the Kavango Region from where they were evicted in November last year suffered the same fate on Thursday as a previous bid by another group of farmers three months ago.

Four months ago, the Namibian Police helped the Kavango Traditional Authority to evict cattle herds belonging to Oshiwambo-speaking farmers from the north-western part of the Kavango Region. Most of the farmers had used that area for grazing for many years – some for as long as 20 years – before they and their animals were thrown out of the region.Nineteen of the farmers were again thrown out on Thursday, but this time it was out of the High Court in Windhoek.A case that they had wanted to bring to the court on a semi-urgent basis was struck from the court roll with costs by Judge Louis Muller.The Judge was not convinced that they had proven that the court had to hear their case as a semi-urgent matter.A similar case that nine other cattle owners tried to have heard in the High Court on an urgent basis in late November was similarly dismissed when Judge Sylvester Mainga could also not be convinced that the matter was urgent.The 19 communal farmers who wanted the court to give them the green light for a return to the grazing areas in the Kavango own a combined herd of 3 748 cattle, the court was informed in documents filed with it.The 19 farmers were suing the head of the Ukwangali Traditional Authority in the Kavango Region, Chief Daniel Sitentu Mpasi, the Kavango Traditional Authority, the Kavango Communal Land Board, the Minister of Safety and Security as the person ultimately responsible for the Namibian Police, and Namibia’s Government.In sworn statements by each of the 19 farmers, they claimed to have been in “undisturbed and peaceful possession” of the area where their animals were grazing in the Kavango Region for many years before their cattle and herdsmen were chased from the area – unlawfully, the farmers alleged – in the week between November 13 and 17 last year.Two of the farmers, Gabriel Shatiwa and Elifas Johannes, stated in their affidavits that they had used the contested land as a grazing area since 1986.Most of the other farmers claim to have been using those grazing areas since 1991 or 1992, with the most recent arrival in the area having been there since 2000.Shatiwa’s herd of 300 cattle is also one of the biggest.According to the 19, Chief Mpasi or the Ukwangali Traditional Authority or the Kavango Communal Land Board was, in terms of the Communal Land Reform Act of 2002, supposed to have instituted legal action if they wanted the farmers to leave the area.”This they have failed to do but instead, they have taken the law into their own hands,” one of the farmers, Naftal Kayofa, claimed in his sworn statement.Kayofa stated that he owned 270 head of cattle, and that he had used part of the Kavango as a grazing area since 1991.If the 19 want to continue pursuing their case, they would have to have it placed back on the court roll as a normal case.The case would then probably not return to court before the second half of this year at the earliest.Christiaan Mouton and Christie Mostert represented the farmers.Deputy Government Attorney Nixon Marcus represented the five respondents.Most of the farmers had used that area for grazing for many years – some for as long as 20 years – before they and their animals were thrown out of the region.Nineteen of the farmers were again thrown out on Thursday, but this time it was out of the High Court in Windhoek.A case that they had wanted to bring to the court on a semi-urgent basis was struck from the court roll with costs by Judge Louis Muller.The Judge was not convinced that they had proven that the court had to hear their case as a semi-urgent matter.A similar case that nine other cattle owners tried to have heard in the High Court on an urgent basis in late November was similarly dismissed when Judge Sylvester Mainga could also not be convinced that the matter was urgent.The 19 communal farmers who wanted the court to give them the green light for a return to the grazing areas in the Kavango own a combined herd of 3 748 cattle, the court was informed in documents filed with it.The 19 farmers were suing the head of the Ukwangali Traditional Authority in the Kavango Region, Chief Daniel Sitentu Mpasi, the Kavango Traditional Authority, the Kavango Communal Land Board, the Minister of Safety and Security as the person ultimately responsible for the Namibian Police, and Namibia’s Government.In sworn statements by each of the 19 farmers, they claimed to have been in “undisturbed and peaceful possession” of the area where their animals were grazing in the Kavango Region for many years before their cattle and herdsmen were chased from the area – unlawfully, the farmers alleged – in the week between November 13 and 17 last year.Two of the farmers, Gabriel Shatiwa and Elifas Johannes, stated in their affidavits that they had used the contested land as a grazing area since 1986.Most of the other farmers claim to have been using those grazing areas since 1991 or 1992, with the most recent arrival in the area having been there since 2000.Shatiwa’s herd of 300 cattle is also one of the biggest.According to the 19, Chief Mpasi or the Ukwangali Traditional Authority or the Kavango Communal Land Board was, in terms of the Communal Land Reform Act of 2002, supposed to have instituted legal action if they wanted the farmers to leave the area.”This they have failed to do but instead, they have taken the law into their own hands,” one of the farmers, Naftal Kayofa, claimed in his sworn statement.Kayofa stated that he owned 270 head of cattle, and that he had used part of the Kavango as a grazing area since 1991.If the 19 want to continue pursuing their case, they would have to have it placed back on the court roll as a normal case.The case would then probably not return to court before the second half of this year at the earliest.Christiaan Mouton and Christie Mostert represented the farmers.Deputy Government Attorney Nixon Marcus represented the five respondents.