A High Court matter involving a former South West Africa Territorial Force (SWATF) member, Willem Beukes, and the SWATF suing the Namibian government over the Veterans Act was recently postponed to 13 September to allow for the applicants’ legal aid to officially come on record.
The case, registered in May, revolves around a notice of motion review filed by Beukes and the SWATF against the Namibian government, the president, attorney general, justice minister, speaker of the National Assembly, the Office of the Judiciary, and the ombudsman.
Their application seeks a comprehensive review, amendment, and correction of the Veterans Act 2 of 2008 and the Veterans Amendment Act 3 of 2013.
Beukes and the SWATF claim that these laws are discriminatory, exclusive, and defamatory, benefiting only the People’s Liberation Army of Namibia (Plan).
Beukes’ founding affidavit shed light on the historical events surrounding the SWATF and their duties.
He said the disarmament of the forces was orchestrated through the United Nations Security Resolution 435, which he considers a conspiracy.
He said South West Africa (which was a province of South Africa before independence), was protected by the SWATF, and their infrastructure remained intact due to their diligent focus on protecting the territory.
The applicants highlighted their frustrations, claiming that their constitutional rights were neglected and they have been denied justice by the current government.
They referred to Namibia’s Constitution, adopted in 1990, which emphasises values of dignity, equality, human rights and the rule of law.
Beukes and the SWATF expressed concern about the defamatory remarks made by parliamentarians, which they believe undermine their efforts and contribute to instability.
“The current government must refrain from such bad wording such as the applicants were fighting for the wrong side during the purported liberation struggle of Namibia. The applicants have devotedly focused on and entrusted to their obligation to protect the territory, now the Republic of Namibia, in a dangerous condition, whereby they encountered the advanced military giants…”
In July, attorney general Festus Mbandeka responded to Beukes’ founding affidavit, opposing the application along with the speaker of the National Assembly, Peter Katjavivi, and justice minister Justice Yvonne Dausab. Mbandeka said the court cannot grant the order sought by Beukes and the SWATF, as the principles of the Namibian Constitution regarding the separation of powers do not allow it.
He denied the allegations of discrimination and defamatory language in the acts and disputes the interpretation of the United Nations Security Council Resolution 435.
He also disputed that the Veterans Act of 2008 as amended contains any provision which violated the provisions of the Namibian Constitution.
Mbandeka took issue with various other allegations put forth by the applicants, which he described as incomprehensible and lacking in substance.
“The applicants did not identify the parliamentarians who made defamatory remarks. Furthermore, they did not disclose the defamatory remarks alleged herein. I deny the allegations.”
Mbandeka concluded by terming the application as “frivolous and vexatious” and requested the court to dismiss the application with costs.
