Former Rally for Democracy and Progress president and businessman Jeremia Nambinga has taken his communal farm neighbour to court after he was denied usage of the public access road. 

Nambinga claims his neighbour, John Mudjanima has barred him, his son and farmworkers from making use of the communal access road leading to his farm from the main road of Eengolo, in the Okongo constituency of 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 threatened him, his son and workers. He has also erected two poles in the middle of the road and has made use of fallen trees to obstruct the road. 

Nambinga claims Mudjanima has 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. 

He claims the said road is the only pathway to his farm as the other alternative road is not de-bushed. 

Nambinga says it would require money and manpower to de-bush the road – all of which he does not have. 

“I have built my livelihood on the aforementioned farm which is also the home of my youngest son and a place where I earn a living. I am of advanced age, and I cannot afford to buy another farm nor is it desirable or even necessary for me to do so. I have invested over 30 years on this farm,” explained Nambinga, adding the farm is vulnerable to a shortage of diesel needed to pump water for the livestock. 

Furthermore, he is unable to transport livestock for sale in order to meet his contractual obligations. 

Thus, he is asking the court to interdict Mudjanima from denying him access and usage of the communal road. 

He also wants the court to interdict Mudjanima from threatening him, his family, employees and suppliers when making use of the road. 

In his reply, Mundjanima claims 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.  

He claims a new road was created to cater to the farmers affected in 2021. 

Furthermore, Nambinga has three alternative roads, all leading to his farm.

“The applicant (Nambinga) is the only one among all farmers refusing to use the new road… The applicant and his son have refused to cut trees along the new road. However, as we speak, the trees on the roadside have been cut off,” explained Mudjanima.

He added the new road is the shortest route to Nambinga’s farm.

Mudjanima says the corridor, which allegedly runs between the four farms as claimed by Nambinga, does not exist. 

“I have the right to deny the applicant access to the road that passes through my farm. The applicant absolutely has no right to drive through my farm or have access whatsoever to my farm, unless I authorised him to do so,” said Mudjanima. 

He also refutes claims that he threatened Nambinga, his son, or employees.

The matter is currently before Judge Kobus Miller. 

- mamakali@nepc.com.na