Two groups, who are embroiled in a dispute over the ownership of a plot that houses the Commando Hall in Katutura, have agreed to try and reach an amicable solution.

The Herero Royal Red Flag Association (HRRFA) and the Herero Red Flag Association (HRFA) have agreed that HRFA will formulate a proposed settlement agreement, “… fully motivated towards amicably resolving the dispute between the parties…” The agreement between the parties comes after the Supreme Court in July ruled in favour of the HRRFA, stating that it has a legal claim to the property, as it was a party to the contract for the purchase from Windhoek municipality. 

The Supreme Court remitted the matter to the High Court for conclusion. 

HRRFA approached the Supreme Court after the High Court ordered with cost that it lacked the required legal standing in a special plea raised by HRFA. In its application, HRRFA wants the court to order that the title deeds of Erf 6297 in Katutura, where the Ovaherero community’s Commando Hall, known as Commando 2, and situated in Windhoek, be changed to reflect the association as being the owner of the property. The association also wants the court to order the eviction of HRFA from the property.

According to documents filed in court, from the 1970s, the Red Flag Regiment occupied and used land that belonged to the Municipality of Windhoek to maintain, inculcate 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 a 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 that the municipality sold the property on 16 May 2000 to the Royal Red Flag Association, was prepared, granting 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, and this deletion was endorsed by signatures accompanying it.  As a result, the power of attorney indicated 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 parties will be in court on 6 December to furnish judge Claudia Claasen with the outcome of the settlement agreement. 

- mamakali@nepc.com.na