WINDHOEK – Chaos reigned at the Windhoek Magistrate’s Court yesterday when the Land Valuation Court was scheduled to resume after an abrupt end to its supposed start last week on Friday.
What was supposed to be a smooth start to court proceedings turned into a virtual circus with angry and disappointed farmers milling around the corridors of the court. After Magistrate Ruth Herunga recused herself the Magistrate’s Commission seconded Magistrate John Sindano from the Katutura Magistrate’s Court where he presided as a relief magistrate.
Herunga recused herself after the legal representatives of the objectors to the land valuation roll objected to her “impartiality” as she previously had contact with the valuer, Protatius Thomas.
Herunga explained to members of the media and farmers present that her decision to recuse herself was based on the fact that a mere whiff of bias could derail the whole process. She only met Thomas last week when he contacted her about the logistics and thought that he was only involved in the matter for logistical reasons.
And so the turmoil started. Up to the plate stepped Sindano who had legal fires to extinguish. Objection upon objection rained upon him with most of the bigwig lawyers disputing the constitutionality of the assembled panel.
Advocate Andrew Corbett, SC, who together with Advocate Raymond Heathcote represents more than 550 farmers was the first to address the court on behalf of the objectors. Corbett vehemently disputed the legality of the panel citing regulations and acts relating to the Lands Court.
According to Corbett the absence of a certain Mr Ipinge from the agriculture ministry placed the whole process in limbo. He said that the regulations state that should any member of the panel either die or become incapacitated the remaining members must carry on until the Minister of Lands reconstitutes a new panel afresh and the process must start afresh. He was of the opinion that nowhere in the Act is it stated that a member who either died or became incapacitated could be replaced. Corbett added that such practice would render the panel’s impartiality meaningless.
Echoing Corbett’s sentiments, Advocate Dr Pieter Henning who claimed to also represent 570 of the more than 2 000 farmers who lodged objections to the roll called the whole process a supreme disaster. According to him it was not for the Magistrate’s Commission to hastily second another magistrate after the recusal of the presiding one, but the duty of the Minister of Lands to request for another magistrate. He was of the strong opinion that the current panel was unlawfully constituted and has no jurisdiction.
The only way forward, he argued, is that the hearing be postponed indefinitely until the Minister of Lands constitutes a proper panel. All of the high-powered lawyers were in unison on most of the issues raised especially with regard to the unconstitutionality of the proceedings.
Henning who acted with Advocate Jesse Schickerling informed Magistrate Sindano that he already lodged an application with the High Court on August 22 for a review of the land tax and the provisions thereof and indicated that he is considering lodging an urgent application with the high court to have the Land Valuation Court proceedings halted.
Several of the unrepresented farmers also had their piece to add to the proceedings. All of them complained that they cannot leave their farms unattended for days on end to come and sit idle at court while waiting for their turn. One of the farmers asked whether government and the Minister of Lands are aware that Namibia is facing one of the worst droughts in recent history and bemoaned the fact that he has to drive more than 500 km from his farm to come to court and back to his farm again.
He further said that it is grossly unfair to him and the other unrepresented farmers to be summoned to come to court on a day’s notice and asked the court to order that they be given advance warning, a statement that elicited agreeing murmurs form those that packed the special court.
Sindano then told the gathering farmers and high-profile lawyers that he would postpone the matter to Monday next week and ordered Thomas to avail all the necessary disclosure needed by the objectors’ legal teams and if he cannot he must give reasons why when court resumes next week. Sindano also ordered that the legal representatives as well as the unrepresented objectors must meet and hammer out a schedule for the farmers to be summoned to state their objections in court. Other bigwig lawyers that represent some farmers include Pieter de Beer and Chris Mouton.
By Roland Routh