Lawyers representing government and President Hage Geingob have asked the High Court for leave to appeal a recent court decision to dismiss the exception application in a case in which the Affirmative Repositioning (AR) movement is suing the authorities for failing to service and deliver 200 000 plots in urban areas countrywide.
In court documents, filed on 10 March, government and President Geingob are claiming that Judge Orben Sibeya erred in law and on facts when he dismissed the exception that they filed against AR on 16 February.
In their dismissed exception, the government and the President, represented by Neli Tjahikika and Dennis Khama, claimed that AR’s particulars of claim are against public policy and that the resolutions in the agreement were policy matters and unenforceable. They further claimed AR’s particulars of claim are vague, embarrassing and they cannot make out the nature of allegations.
Thus, the court failed to exercise its discretion when it found government and President failed to convince the court that the terms of the agreement between the government, President and AR did constitute political statements and, therefore, not an agreement.
In their leave application, they have indicated that should the High Court not grant them leave to appeal in the Supreme Court, they will petition Chief Justice Peter Shivute.
“In the meantime and out of abundance of caution, the defendants (government and President) will still lodge an appeal directly to the Supreme Court,” reads the application.
AR has noted that they do not have any intentions of opposing the application.
The pressure group took government and President to court last year after they breached their terms of the 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 will not continue with its radical campaign to occupy vacant land in urban areas.
The agreement was reached on 24 July 2015.
So far, government has only serviced 15 000 plots.
AR is being represented by Kadhila Amoomo.