RUNDU - A court order to evict an 83-year-old Magaritha Ihemba from her home of 50 years was on Wednesday executed by the messenger of court.

Her makeshift house and those of her children and grandchildren were destroyed and removed from the land.

“Where am I going to sleep tonight? you see how they have demolished my home?’’ the pensioner asked in tears.

Ihemba has been living on the land since 1973, with her older children and several grandchildren before the area became part of the Rundu Town Council.

According to Ihemba, in 2002, the family offered a portion of their land for temporary use to a family friend’s son, Ndavoka Deneshi.

Deneshi started building a brick house on the land without the family’s approval. Upon the family’s enquiry, Deneshi said he would give the house to them as a token of appreciation for letting him live on their land.

Ihemba further said when Deneshi left and a new family moved in, she was under the impression that they were renting the house.

However, they later found out that Deneshi secretly sold the house and the land in 2009. 

Ihemba and her family only found out when the family that moved in started claiming ownership of the house and plot.

“When we learned that it was sold, we asked him why he did it, and he said he only sold the part where his house was. So, we went to the town council, and they said that Deneshi informed them of the boundary but an official of the town council sold another piece which is the part that is ours. They said they had to give the land to the one with a permanent structure as the space where the permanent structure was is small and since we had temporary structures, they did not consider us,” said Patricia Sikunda, Ihemba’s daughter.

In 2021, the new owner got an eviction order against the family, but they refused to move, stating they had nowhere to go.

The family engaged the town council, and they were promised to be moved to another plot with their structures.

“After the council noticed their wrongdoing, they promised to give us plot options so we could choose the one we like but the other day they just called saying they are giving us a plot at Caravan Park behind Sisindi Lodge. That one is just a plot with no water, no electricity, and no fence and we are expected to move there; and there is no toilet,” said Sikunda.

According to the family, the town council promised to provide water and electricity as well as construct a toilet for them because they have those basics at the place they are being evicted from. 

“At least meet our sanitation needs; and where is our safety?” questioned Sikunda.

Approached for comment, Deneshi said he only sold the portion of the land where the house is.

“I sold that plot and the house in 2009 and I only sold where I had my house. The town council official sold the other part. I came on several occasions to sit with the family and town council, and I even offered to make ways for me to refund the woman I sold the plot to so that she moves but she refused,’’ Deneshi said.

According to Rundu Town Council CEO Olavi Nathanael, the town is a third party to the land issue, and they have tried to intervene so the matter can be resolved civilly.

He explained that Erf 3466 in Kehemu Extension Seven measuring 513 square metres was allocated to a certain Agnes Kwenani as per Council Resolution No. 022/02/2012. 

“Before the land was formalised and surveyed, a certain Mr. Dennis [Deneshi] built a permanent structure on the land he settled with his family members. Mr Dennis sold the house to Agness Kwenani before the survey and during survey, the current occupant by then was registered in terms of the formalisation policy,” he said.

He further explained that Kwenani bought the property from the town council in 2012 and the deed of sale was signed. Payments were made and consequently, the transfer was effected to the current occupant of the land.

“Council learned about the dispute at a later stage and the dispute was caused by a certain Mr. Dennis, a family member of the victimised family who sold the property to Kwenani.  The property is legally registered to Agnes Kwenani Sitamulaho,” said Nathanael.

He said council identified an erf for the family to be relocated to. He claims the family was shown the piece of land and they were content with it. 

“Council has since been waiting for the family to contact us to assist with moving the structures but never got that notification,” said Nathanael. - jmuyamba@nepc.com.na