The legal battle to get the government to honour its promise of delivering 200 000 erven was once again postponed yesterday as the High Court awaits the Supreme Court to pronounce itself.
Yesterday, High Court Judge Orben Sibeya postponed the suit to 6 April 2023 after the lawyers for the Affirmative Repositioning (AR) movement and government informed him the Supreme Court has not yet set the hearing date on an appeal filed by the latter.
The matter has been postponed several times in the High Court to await the Supreme Court.
The matter has been on hold since last year when the High Court granted leave to the government and president for them to appeal his decision to dismiss their objection against AR’s particulars of claims, which would enforce the agreement to honour their commitment to service 200 000 erven countrywide – should the suit succeed.
On 17 September 2021, the government and president, represented by Neli Tjahikika and Dennis Khama, in an unopposed application, were granted leave to appeal to the Supreme Court against the High Court’s decision to dismiss their exemption application.
Government said AR’s particulars of claim are against public policy and the resolutions in the agreement were policy matters and are unenforceable. They further claim AR’s particulars of claim are vague and embarrassing, and that they cannot make out the nature of the allegations.
Thus, the court failed to exercise its discretion when it found government and the president failed to convince the court that the terms of the agreement between the government, the president and AR did constitute political statements and therefore not an agreement.
They are claiming Sibeya erred in law and on facts in the manner he approached, adjudicated and rejected their argument that the “alleged” agreement was not enforceable, as it is against public policy or the rule of law.
They claim AR had no lawful rights to invade private land and occupy such land. This is in relation to threats made by AR leaders to grab land.
It is the government’s argument that should the court enforce the said agreement, it would be detrimental, as a person who does not have consent from the owner of land can, through extortion, purportedly acquire a right that can be enforced by a court of law in respect of that land.
In September 2020, the pressure group sued the government and president after they allegedly breached the terms of their agreement and failed to deliver 200 000 serviced plots in urban areas countrywide within five years.
As part of the said agreement, AR will not continue with its radical campaign to occupy vacant land in urban areas. The agreement was reached on 24 July 2015.
So far, according to court documents, government has serviced only 15 000 plots.
AR wants a court order directing the government and president to deliver the 200 000 plots within two years.
AR is represented by Kadhila Amoomo, while Dennis Khama is for the government and president.
– mamakali@nepc.com.na