High Court Judge Orben Sibeya will deliver his judgement on a Popular Democratic Movement application to set aside the government’s decision to lease four farms to Russian billionaire Rashid Sardarov in August.
After hearing oral arguments from advocates Jean Marais on behalf of the PDM, Gerson Hinda on behalf of the government and Wim Trengove on behalf of Comsar Properties SA [Sardarov’s Switzerland-based company], judge Sibeya will deliver his judgement on 15 August.
PDM is asking the court to set aside the 2018 government decision to lease four farms measuring a combined 17 385 1002 hectares to the Russian billionaire for 99 years. They are asking the court to interdict Comsar from commencing or proceeding or instructing anyone to commence or proceed with any developments on the farms in question.
In the main relief sought, the PDM is asking the court to set aside the decision by the minister of lands to lease the farms to Sardarov for 99 years. They further want the court to evict Comsar from the properties, and declare the scheme devised by the minister and Comsar through which the government became the owner of the said farms and lease it to Comsar, as unlawful.
The official opposition party in the National Assembly furthermore wants the court to direct the minister of lands to allot the farms for resettlement purposes.
According to PDM, the minister acted outside his powers when he leased the farms to Sardarov.
The farms in question include Farm Rianhof, Farm Kameelboom, Portion C of Farm Smaldeel and Farm Wolffgrund.
All the farms are situated near Dordabis, southeast of Windhoek and adjacent to his already sprawling estate, Marula Game Reserve.
PDM claims that the government contravened its own laws when it agreed to lease the farms to the oligarch.
They further argue that the scheme devised by the minister circumvented the Act, which gives the government a preferential right to purchase any agricultural land available.
The PDM states that what makes matters worse is that a plan was hatched between the land reform minister [Utoni Nujoma at the time] and Comsar to purchase the farms, donate them to the government and then lease them for 99 years to Comsar at a nominal rate.
“I state that the Act prohibits persons to hold the land or acquire the land as nominee on behalf of or in the interest of any foreign national without the consent of the first respondent [minister],” PDM leader McHenry Venaani states in an affidavit submitted to court. He further stated that the minister is only empowered by law to purchase the land and make it available to landless Namibian citizens, and not foreign nationals.
According to the PDM, the minister is empowered to acquire, in the public interest, and in accordance with the Act, agricultural land in order to make such land available for agricultural purposes to Namibian citizens who do not own, or otherwise have the use of agricultural land or adequate agricultural land, and foremost to those Namibian citizens who have been socially, economically or educationally disadvantaged by past discriminatory laws.
The government, through former lands minister and now labour minister Nujoma, former finance minister Calle Schlettwein [now land reform minister] and Prime Minister Saara Kuugongelwa-Amadhila, is opposing the matter, together with Comsar.