Land grab in Windhoek

LOCAL and Regional Government and Housing Minister Jerry Ekandjo yesterday issued a stern warning to people who have started illegally clearing land along the north-western outskirts of Katutura to set up shacks there.

‘They must stop grabbing land as this is illegal. By 15h00 today [yesterday] when they have not disappeared, the City Police and the national Police are ready to act against the culprits,’ Minister Ekandjo threatened in Parliament yesterday. ‘We received reports that in the Samora Machel, Soweto, Tobias Hainyeko and Moses Garoëb constituencies and in Khomasdal people were busy clearing every open space there. They said people told them that President Hifikepunye Pohamba allegedly said that as a 20th anniversary gift for them they could get land. This is a lie, no such message was sent by the Head of State,’ Ekandjo said. ‘We heard that ten people were walking around [spreading such a rumour] but the people must not listen to such propaganda created by opposition parties, creating chaos like in South Africa,’ Ekandjo stated without naming any specific political party he might have had in mind in Namibia or South Africa.’No such message was given by the President, the Regional Council or the Windhoek municipality,’ Ekandjo added.’If these people are still there [clearing land illegally] after 15h00 [yesterday] the Police will be there.’In another development, City of Windhoek CEO Niilo Taapopi yesterday warned squatters in the Otjomuise and Goreangab areas that having waited long for erven did not justify taking the law into their own hands.According to him, the illegal occupation of ‘unmarked land’ has serious health and safety implications.’They [the illegal occupants] create heath and safety risks on this unmarked land. How are we going to provide them with water and sanitation? Two wrongs don’t make a right.’Moreover, Taapopi said, these residents put their lives in serious danger in the event of a fire because of the inaccessibility of their dwellings. ‘How are we going to get to them without roads?’In a notice of motion served on these residents yesterday, it is stated that, following an inspection on March 15, it was discovered that ‘extensive and unlawful land invasion is taking place in these areas’.These residents were requested to file an answering affidavit by 12h00 on April 9. Should they not adhere to this request, residents were warned that they faced eviction.Also according to the notice, previous eviction encounters with illegal occupants had resulted in City Police officers being threatened with violence. It further reads: ‘In those instances where persons have not yet been able to erect structures on the municipal lands, Police officers would be entitled to stop them from erecting such structures. However, due to the numbers of individuals that are involved and who carry out threats against such officials, and in order to prevent or avoid bloodshed, the officials have restrained themselves from carrying out their mandate. This situation is intolerable as it invites anarchy and lawlessness. The fact that the respondents violently occupy applicant’s land is tantamount to self-help and taking of the law into own hands, a situation which is intolerable.’Yesterday morning, Taapopi told The Namibian that ‘grabbing this land doesn’t really make sense’ as it is earmarked mainly for developmental projects. ‘It doesn’t mean that if you have been waiting long for erven that you may take the law into your own hands.’Toni Hancox, the director of the Legal Assistance Centre (LAC), when approached for comment, said she couldn’t say anything about the details of the notice before seeing it. However, she called for the playing ground to be equal. ‘I would be happier if these residents had been given legal representation.’Judgement is currently awaited in a case brought before court in 2009 following the eviction of other residents in terms of the Squatters’ Proclamation, Hancox said. The LAC argued that this was based on apartheid-era legislation that had no regard for the circumstances of families with small children or the availability of alternative accommodation. As a result, the LAC wanted this proclamation to be declared unconstitutional.Hancox called on the Otjomuise and Goreangab residents involved in the latest land affair to approach the LAC for assistance.