The Windhoek High Court has ruled in favour of former Rally for Democracy and Progress (RDP) president Jeremia Nambinga, allowing him to continue using a public road he was denied access to by his farm neighbour, John Mudjanima.
Judge Nate Ndauendapo, in a judgement delivered on 2 December 2022, ordered Mudjanima to remove trees and two poles he had placed in the road in order to obstruct Nambinga from using it.
Ndauendapo said Mudjanima took the law into his own hands when he blocked the road.
“The conduct of the first respondent (Mudjanima) was clearly unlawful as he had no court order to erect the poles and fell the trees in order to block the applicant and his son to use the road,” said Ndauendapo.
He further noted that evidence indicates Nambinga has been making use of the road for more than 30 years before Mudjanima was given a leasehold of his farm.
Commenting on his court victory, Nambinga said justice has prevailed.
“This is just one of many incidences. This is to show that the Communal Land Board is good for nothing. If they were really active and doing their job, there is no way I would have spent money in court,” he said.
Nambinga took his neighbour to court on 16 December 2021, claiming he barred him, his son, and farmworkers from making use of the communal access road leading to his farm from the main road of Eengolo, Ohangwena region.
The said access road which leads to his farm – Odjiina yOmanyangwa – is a corridor between four farms, including that of Mudjanima.
According to Nambinga, Mudjanima has also threatened him, his son and his workers.
He further claimed that Mudjanima had no right to refuse access to the road as it does not form part of his farmland.
Furthermore, as one of the first people to own a farm in the area, he has made use of the communal road since 1990, said Nambinga.
He maintained that the said road is the only pathway to his farm as the other alternative road is not de-bushed.
Nambinga said it would require money and manpower to de-bush the road – all of which he does not have.
In addition, he said he was unable to transport livestock for sale in order to meet his contractual obligations.
In his reply, Mudjanima claimed the road is on his farmland.
According to him, while he was working in Windhoek, he visited his farm in 2013 and discovered a road erected within his farmland without his permission.
The road was allegedly erected by his late neighbour, Festus Mbeeli’s children.
He approached the Ohangwena Communal Land Board, who conducted investigations and later requested for it to be removed.
Mudjanima further claimed a new road was created to cater to the farmers affected in 2021.
Furthermore, he maintained that Nambinga has three alternative roads, all leading to his farm, and the new road is the shortest route to Nambinga’s farm.
Mudjanima said the corridor, which allegedly runs between the four farms as claimed by Nambinga, does not exist.
– mamakali@nepc.com.na