NC wants to ditch eviction law

THE National Council (NC) is trying to establish whether the abolition of a 36-year-old law might be the answer to the plight of hundreds of people being evicted from their homes every year to settle outstanding municipal bills.

NC Vice Chairperson Margareth Mensah-Williams yesterday reported to the council her preliminary findings after visiting various parts of the country to establish the effect of the Magistrate’s Court Act, Act 32 of 1944, on Namibians. The Act provides for the sale of people’s immovable properties in execution of judgement orders against default payments, something done not only by retailers, but also municipalities and village councils to settle debts owed to them.”The Act impoverishes the already vulnerable and poor,” Mensah-Williams said, stating that it was unconstitutional because it abused human rights and people’s dignity.”It allows the haves to obtain these immovable property at a very minimum amount and rent it out to the same communities at exorbitant prices or sell it for huge amounts,” she said.She recalled a case reported in the media last year, where a woman from the Hardap Region owed N$128 to a local butchery, and eventually lost her house because of this debt.”In addition, the clerk in a lawyer’s office with his privy to this classified information bought the house,” Mensah-Williams said.Adding that the same scenario was prevalent in other regions as well.The Act especially harmed pensioners and the families of people who had died or lost their jobs, the Khomas Councillor said.”Pensioners, orphans and people with disabilities are included in the categories of those who have been evicted from their houses because of arrears of their water and electricity.Pensioners are getting a mere N$350 per month, and do not have any other income to supplement their salaries,” Mensah-Williams said.She added that in most cases, the outstanding debts involved paltry and trifling sums of money, which she said rendered the whole process unjustifiable and unconstitutional.The Act, which Namibia adopted from its neighbour and former colonial master South Africa, was recently ruled unconstitutional there, Mensah-Williams stated.The South African court, she said, believed that, due to problems many of the country’s citizens face in terms of adequate food, housing and healthcare, the Magistrate’s Act impeded on their dignity.The court further felt that section 66 (1) (a clause in the Act) is so broad that it permits sales in execution to occur without judicial intervention and even where they are unjustifiable, Mensah-Williams said.She recommended that Government look at bringing the Magistrate’s Court Act as well as other old laws in line with the Constitution.She also recommended that Government should approach NamPower and NamWater and get them to subsidise a certain amount of water and electricity to municipalities, with the municipalities then subsidising services for pensioners, orphans and disabled people.Based on their discussions in upcoming sessions, the NC may decide to appoint a standing committee to further investigate and come up with documentary proof to call for the amendment of the act.Debate on the issue has been postponed until tomorrow.The Act provides for the sale of people’s immovable properties in execution of judgement orders against default payments, something done not only by retailers, but also municipalities and village councils to settle debts owed to them.”The Act impoverishes the already vulnerable and poor,” Mensah-Williams said, stating that it was unconstitutional because it abused human rights and people’s dignity.”It allows the haves to obtain these immovable property at a very minimum amount and rent it out to the same communities at exorbitant prices or sell it for huge amounts,” she said.She recalled a case reported in the media last year, where a woman from the Hardap Region owed N$128 to a local butchery, and eventually lost her house because of this debt.”In addition, the clerk in a lawyer’s office with his privy to this classified information bought the house,” Mensah-Williams said.Adding that the same scenario was prevalent in other regions as well.The Act especially harmed pensioners and the families of people who had died or lost their jobs, the Khomas Councillor said.”Pensioners, orphans and people with disabilities are included in the categories of those who have been evicted from their houses because of arrears of their water and electricity. Pensioners are getting a mere N$350 per month, and do not have any other income to supplement their salaries,” Mensah-Williams said.She added that in most cases, the outstanding debts involved paltry and trifling sums of money, which she said rendered the whole process unjustifiable and unconstitutional. The Act, which Namibia adopted from its neighbour and former colonial master South Africa, was recently ruled unconstitutional there, Mensah-Williams stated.The South African court, she said, believed that, due to problems many of the country’s citizens face in terms of adequate food, housing and healthcare, the Magistrate’s Act impeded on their dignity.The court further felt that section 66 (1) (a clause in the Act) is so broad that it permits sales in execution to occur without judicial intervention and even where they are unjustifiable, Mensah-Williams said.She recommended that Government look at bringing the Magistrate’s Court Act as well as other old laws in line with the Constitution.She also recommended that Government should approach NamPower and NamWater and get them to subsidise a certain amount of water and electricity to municipalities, with the municipalities then subsidising services for pensioners, orphans and disabled people.Based on their discussions in upcoming sessions, the NC may decide to appoint a standing committee to further investigate and come up with documentary proof to call for the amendment of the act.Debate on the issue has been postponed until tomorrow.