The Affirmative Repositioning (AR) movement has withdrawn its suit against the government over its failure to service and deliver 200 000 plots in urban areas countrywide.

The movement made the decision after the Supreme Court ruled in July that the agreement AR made with President Hage Geingob nearly eight years ago was not legally enforceable.

The Supreme Court further ruled that the agreement was only binding in terms of honour and not under the purview of legal enforcement.

The AR’s head of legal, Maitjituavi Kavetu, said the movement is waiting on the legal opinion of an advocate on the way forward. 

He said after the Supreme Court’s ruling, the movement was left with no option but to withdraw the suit. 

According to Kavetu, the ruling made it clear that the government never intended on delivering land and it simply entered into an agreement to avoid mass land occupation by the people.

“This makes us wonder what other agreements the government enters into that are not enforceable,” said Kavetu.

He said in future, the movement will not be entering into any agreement with the government.

The AR initially approached the High Court to have the agreement enforced.

However, the government opposed this application, arguing that the particulars of the movement’s claims were vague, and in some instances embarrassing.

The government contended that the application lacked the necessary legal assertions to sustain legal action.

In its suit against the government and President, AR claimed they breached the terms of the 25 July 2015 agreement and failed to deliver 200 000 serviced plots in urban areas countrywide within a period of five years. 

As part of the agreement, AR would not continue with its radical campaign to occupy vacant land in urban areas. AR kept their end of the bargain but the government failed to fully deliver. 

At the time the suit was filed, the government had only serviced 15 000 plots.

In its defence, the government through its lawyers; Neli Tjahikika and Dennis Khama said that the agreement between the government, President, and AR constitutes a political statement and is not enforceable.

Furthermore, AR had no lawful rights to invade private land and occupy such land. 

- mamakali@nepc.com.na

Caption: (Land AR) Land deal… President Hage Geingob, AR leader Job Amupanda, and Prime Minister Saara Kuugongelwa-Amadhila at the 2015 infamous land meeting at State House. 

Photo: Nampa