Old SA law under fire

AN old South African law, which has been amended in that country, remains a “burning issue” in Namibia, where it is leaving too many honest people without a roof over their heads.

Under the Magistrate’s Act of 1944, people can be evicted from their homes if they owe the municipality money. But if Margareth Mensah-Williams and other lawmakers get their way, it may soon be something of the past.Plans are afoot to amend the Act, Mensah-Williams, Vice Chairperson of the National Council, told a meeting of the Windhoek Khomas North Constituency, for which she is the councillor, on Sunday.She was quick to say, however, that the idea was not to provide a gap for debt cowboys, but to provide an opportunity for honest, hardworking residents to make a plan when it came to meeting their obligations.A frustrated Mensah-Williams noted that South Africa had already amended the Magistrate’s Act, and it was high time Namibia followed suit.The Khomas North Constituency includes Otjomuise, and more specifically the residents of 57 Tokyo Street, against whom the City of Windhoek recently took civil action for falling into arrears.Sixteen families, although each living in their own housing unit, share a municipal plot and therefore the joint municipal bill.They owe the municipality N$12 123.Residents The Namibian spoke to last week said they had asked the municipality on numerous occasions to separate their accounts to allow those who faithfully pay their share of the bill to keep their homes.”Tokyo Street is a burning issue,” Mensah-Williams said.She said she had taken up the case with the municipality in February, but little progress had been made.The main problem is the Magistrate’s Act, she said, as well as a policy amendment the municipality made two years ago.”In the past, the municipality had a policy whereby at least one basic service was granted to old people or people with disabilities.But about two years ago they changed that policy,” she said.She assured residents that efforts have already been made to lobby the Ministry of Local Government to amend the Act.”This Act is against the Constitution.The Constitution says that all people should have access to basic services like housing and water,” she said.The matter, she said, is with the Attorney General’s office.”If you’re a pensioner with N$350 [a month], you have to pay for your house, for electricity, for food.But right now you can’t tell the magistrate that; you can’t say you don’t have a job.”We’re not saying this to allow people to rake up debts left and right.But we want it to be possible for a person to be called in front of a judge and explain their situation.We want it to be possible for a judge to decide how such a person’s payments should be made,” she said.But if Margareth Mensah-Williams and other lawmakers get their way, it may soon be something of the past. Plans are afoot to amend the Act, Mensah-Williams, Vice Chairperson of the National Council, told a meeting of the Windhoek Khomas North Constituency, for which she is the councillor, on Sunday.She was quick to say, however, that the idea was not to provide a gap for debt cowboys, but to provide an opportunity for honest, hardworking residents to make a plan when it came to meeting their obligations.A frustrated Mensah-Williams noted that South Africa had already amended the Magistrate’s Act, and it was high time Namibia followed suit.The Khomas North Constituency includes Otjomuise, and more specifically the residents of 57 Tokyo Street, against whom the City of Windhoek recently took civil action for falling into arrears.Sixteen families, although each living in their own housing unit, share a municipal plot and therefore the joint municipal bill.They owe the municipality N$12 123.Residents The Namibian spoke to last week said they had asked the municipality on numerous occasions to separate their accounts to allow those who faithfully pay their share of the bill to keep their homes. “Tokyo Street is a burning issue,” Mensah-Williams said.She said she had taken up the case with the municipality in February, but little progress had been made.The main problem is the Magistrate’s Act, she said, as well as a policy amendment the municipality made two years ago.”In the past, the municipality had a policy whereby at least one basic service was granted to old people or people with disabilities.But about two years ago they changed that policy,” she said.She assured residents that efforts have already been made to lobby the Ministry of Local Government to amend the Act.”This Act is against the Constitution.The Constitution says that all people should have access to basic services like housing and water,” she said.The matter, she said, is with the Attorney General’s office.”If you’re a pensioner with N$350 [a month], you have to pay for your house, for electricity, for food.But right now you can’t tell the magistrate that; you can’t say you don’t have a job.”We’re not saying this to allow people to rake up debts left and right.But we want it to be possible for a person to be called in front of a judge and explain their situation.We want it to be possible for a judge to decide how such a person’s payments should be made,” she said.