The Landless People’s Movement’s attempt to get the High Court to rescind its judgement in which it ordered the party to reinstate two of its members whom it had withdrawn from the Mariental town council, was shot down by the court.
In her ruling, Judge Hannelie Prinsloo said the LPM failed to show how the 24 September 2021 default judgement against it was erroneously granted by Deputy Judge President Hosea Angula.
“The applicants filed an unsatisfactory affidavit regarding the reasonable explanation for the default. Lastly, the applicants did not provide the court with a concise and clear bona fide defence against the respondents’ claims in the main application,” explained Prinsloo before dismissing the application with costs.
In September last year, Judge Angula gave a default judgement in a suit against the LPM, filed by its members Daniel Gariseb and Rogetha Haack. This was after the LPM failed to file relevant documents, despite having filed a notice of their intent to oppose the application.
The court declared the LPM committee’s decision to recall Gariseb and Haack as null and void.
It also further directed the party to reinstate the two councillors.
Despite the court order, the party in its media statement dated 7 October 2021 said it did not comply with the order, and will proceed with filing for a rescission of the said judgement.
In the suit, Gariseb and Haack claimed they were recalled after having been accused of taking bribes in respect of the sale of land by the local authority. They were also accused of being power-hungry, colluding with Swapo members, and blocking the appointment of an assistant to Mariental mayor Adam Kuhlman.
In their court documents, Gariseb and Haack further argued that as per the party’s constitution, a disciplinary committee was supposed to be appointed to investigate the allegations levelled against them.
But such was not done, and they were just notified in March of the party’s decision to recall them as councillors.
The two were replaced by fellow party members Frensis Gawases and Andy Boois without further affording Gariseb and Hack a period of 20 days to appeal the party’s decision to recall them, as stipulated in the party’s constitution.
- mamakali@nepc.com.na