Iuze Mukube
Windhoek High Court Judge Gabriel Komboni has dismissed an application lodged on urgency by the ruling party Swapo.
The application sought the eviction of camping ex-combatants from its headquarters in the capital.
Judge Komboni ruled that the matter be struck from the roll yesterday, citing that the application lacked urgency. During the delivery of the ruling yesterday, the reasons for the judgment were reserved for later. The ruling party had sought a declaration that the occupation of its headquarters and the adjacent pavement in the capital by expatriated war veterans was unlawful.
Swapo wanted the occupants to be restrained and interdicted from interfering with its peaceful occupation and use of its property.
It requested that the veterans immediately remove their camping equipment and vacate the area, claiming unhealthy living conditions, daily insults and security risks posed by the camping veterans. Therefore, on this basis, it approached the court on an urgent basis.
The respondents, who comprised Joseph David Iipinge Amutenya and all demonstrating veterans, opposed the application.
They contended that the party’s headquarters is on municipal land. By this, the party has no legal standing to properly seek to evict the veterans.
They argued that the party could not enforce a right that it did not have, as only the municipality has the right to permit or otherwise allow anyone to camp or stay on a pavement.
They argued that, even if the court was to find that the party had legal standing, it contended that the matter was not urgent.
Basically, the veterans have been camping at the party’s headquarters from 22 October 2025 until now. From that period, the party never sought to bring the matter to court.
They argued that the party’s application could not be urgent due to what they described as self-created grounds or reasons.
Although the party had argued that it did not have time, as it had campaigns during that period.
The veterans argued that the affidavit submitted by the party’s Secretary General Sophia Shaningwa contradicted itself, as it stated that, based on her personal experience, the veterans had been violent and uncooperative since camping there.
The veterans argued why then did they not evict them at the time, and that somewhere, the truth was not being told.
Although the party argued that they notified the veterans on 15 January 2026 for a 17 January 2026 meeting, the veterans argued that the meeting did not count, as they felt ambushed and not given time to notify and consult with each other. They argued that they could not understand the interpreter, who was allegedly Sisa Namandje, at the time, what was being said at the meeting.
After the ruling, Matheus Nangolo, the leader of the ex-combatants, expressing gratitude for the victory, stated that the group will continue their occupation at the ruling party’s headquarters.
Nangolo further said that their demand for payment, dating back to 1989, remains unresolved, and for every day that it is not settled, their protest will continue and even intensify.
unsettled, they will continue to protest
The veterans’ lawyer, Joas Neemwatya, stated that although the legal standing of Swapo on the pavement ownership was not pronounced, it is still a victory for the veterans for the application’s dismissal. This legal dispute arises from the veterans, who were repatriated from exile in 1989, and who set up camp outside the party’s headquarters, demanding the immediate release of funds and benefits purportedly promised to them more than three decades ago.
The veteran’s demonstration began last year on 22 October and has since refused to vacate the area until their demands are met.
Their concerns are centred around the 1989 liberation struggle, with specific allegations regarding funds purportedly allocated to Swapo by the United Nations meant for the citizens who were in exile during the national liberation struggle.
Judge Komboni dismissed and struck the matter from the roll yesterday.
Photo: Heather Erdmann