The dispute over the ownership of the plot that houses the Commando Hall in Katutura, remains unresolved, as the two groups claiming it failed to find an amicable solution.
In October, the two groups, the Herero Royal Red Flag Association (HRRFA) and the Herero Red Flag Association (HRFA), informed the High Court they will try to resolve the dispute between them amicably.
This followed after the Supreme Court in July ruled in favour of the HRRFA, stating it has a legal claim to the property, as it was a party to the contract for the purchase from Windhoek municipality.
However, yesterday, the parties informed Windhoek High Court Judge Claudia Claasen that negotiations have failed.
The parties had various consultations; however, they agreed that neither of them were in a position to engage one other to settle the matter out of court.
Thus, they asked the court to hear and determine the matter. The court postponed the case to 24 January 2023 for case management.
HRRFA wants the court to grant an order that would allegedly rectify the title deed of Erf 6297 in Katutura, which house the Commando Hall – to indicate its the rightful owner.
Furthermore, it seeks an eviction order against the HRFA group. According to documents filed in court, from the 1970s, the Red Flag Regiment occupied and used land that belonged to the Municipality of Windhoek for the purposes of maintaining, inculcating and promoting the culture of the Otjiherero-speaking people.
The land, which constitutes of three plots, was utilised to build the chief’s home, the second erf was used to build a church and the remainder is where the ‘Commando’ is.
In 1994, the Regiment decided to take up an offer from the municipality to purchase the ‘Commando’ erf. HRRFA was created at a meeting by the regiment for the purposes of purchasing the ‘Commando’ erf.
On 16 May 2000, the Royal Red Flag Association, as a voluntary association, entered into a written Deed of Sale agreement with the municipality for the purchase of the Commando erf in Katutura.
The municipality gave instructions to its legal practitioners to pass transfer to the Royal Red Flag Association in May 2006 upon payment of the full purchase price.
A power of attorney to pass transfer, dated 18 May 2007, indicating the municipality sold the property on 16 May 2000 to the Royal Red Flag Association, was prepared to grant the municipality’s legal practitioners the power to register the transfer of the property to the Royal Red Flag Association.
In the power of attorney, the word ‘Royal’ in Royal Red Flag Association was deleted, of which the deletion was endorsed by signatures accompanying the it.
As a result, the power of attorney indicated that the sale of 16 May 2000 was between the Herero Red Flag Association (the first respondent) and the municipality – and that the transfer of the property had to be made to the Herero Red Flag Association.
The transfer was thus made to the Herero Red Flag Association.
The groups are represented by Saima Nambinga and Patrick Kauta, respectively.
– mamakali@nepc.com.na