As the fight to have the 1896 Veterinary Cordon Fence removed rages on, the government intends approaching the Supreme Court to challenge the High Court’s no costs order awarded to Affirmative Repositioning’s leader Job Amupanda. 

Last Tuesday, High Court judge Shafimana Ueitele granted leave to the agriculture minister, the Attorney General and veterinary official Hango Nambinga to petition the Supreme Court and appeal against the order he gave on 25 October. 

In that order, the judge had said there would be no costs order in the substantive proceedings, the trial proper, excluding interlocutory applications in the matter, whatever the outcome of the case. 

During his ruling, Shafimana stated that a matter of finances should not prohibit any person from pursuing a worthwhile issue in the courts. 

He went on to say the case Amupanda filed raises issues of general importance which must, in the public interest, be resolved by the courts. 

He said coupled with Amupanda’s meagre resources and the financial resources of the defendants, plus the amount of costs likely to be involved in the matter, it is fair and just to make a protective costs order.

He added that Amupanda’s application is neither frivolous nor vexatious in nature, and involves public interest. 

In their leave to appeal, the government respondents said Ueitele erred when he ruled in favour of Amupanda without establishing the financial position of the government, and additionally concluding that the government was better-resourced financially. 

In his application, Amupanda wants to have the veterinary cordon fence, also known as the Redline, between Namibia’s northern and north-eastern communal areas and the country’s commercial farmland declared unconstitutional, and removed.

He has described the fence as a stark reminder of apartheid, and a blemish on Namibia’s democracy.

However, the government respondents have argued that public interest demands that the area south of the fence, which is free from foot-and-mouth disease without practising vaccination, be extended gradually to the communal areas north of the fence in a way that it does not cause Namibia to lose its status with the World Organisation for Animal Health (WOAH) as a country with areas that are free of foot-and-mouth disease.

Thus, it would not be wise to abruptly remove the fence, they argued.

For the proceedings, Amupanda was represented by Lovisa Shaningayamwe, while the government was represented by Herman Steyn, Marinus Boonzaier, Andries van Vuuren and Shaun Ellis. 

The hearing for the main application remains scheduled for 20 to 31 January 2025.

-mamakali@nepc.com.na