Iuze Mukube

High Court Judge Shafimana Ueitele will deliver his verdict around the removal of the Veterinary Cordon Fence (VCF), notoriously known as the redline, today.

The ruling will determine whether the defence successfully argued for the dismissal of Job Amupanda’s challenge for the removal of the redline, citing it lacked sufficient legal merit.

The proceedings took place on 31 January 2025, following which Ueitele had reserved his judgement until today.

After his meat got confiscated at the Oshivelo gate, Affirmative Repositioning (AR) movement leader Amupanda took legal action against the Namibian government in 2021. He requested a court order to declare the VCF illegal and unconstitutional.

Among the defendants in the case are former agriculture minister Calle Schlettwein, the government, Attorney General Festus Mbandeka and a senior official from the Directorate of Veterinary Services, Hango Nambinga.

Amupanda’s argument

Amupanda’s primary contention is that the redline serves as a remnant of colonialism that continues to sustain economic and social disparities.

He argued the line is a relic of apartheid, which continues to disadvantage thousands of Namibians, and that it is not just a veterinary measure, but a tool of economic oppression.

He pointed out that while farmers south of the line enjoy full access to local and international markets, those in the north are economically marginalised.

Amupanda asserts that the fence is still employed to “control the movement of animals and people from the north to the south of Namibia,” which he argues likewise infringe upon constitutional principles of equality and freedom of movement.

His contention is based on constitutional principles, arguing that the VCF infringes on the rights of the people north of the fence.

Counter-argument

The respondents asserted that the VCF plays a crucial role in controlling the spread of livestock diseases, thus protecting both the nation’s beef export markets and public health.

They argued that the dismantling of the fence must be executed in a gradual manner to safeguard the country’s status with the World Organisation for Animal Health as a nation with zones free from foot-and-mouth disease.

A sudden removal, they contended, could jeopardise this status, and have detrimental economic consequences. As such, the State will implement measures to improve the lives of those residing north of the fence through the line’s phased removal.

They asserted the activist’s case is built on political rhetoric rather than legal reasoning.

Essentially, their argument had centred on the idea that if an amendment is necessary, it should be made within the framework of the Act under which the VCF is regulated.

The judge at the time had questioned whether the request of Amupanda to set aside the decision of the minister of agriculture was valid, considering that the decision to retain the redline was not made by the minister.

Overall, the respondents had countered that Amupanda’s case rests on only 10 pages of evidence, which they deemed legally insufficient to support his claims, and hence should be dismissed.

The judge’s ruling today will determine if the northern regions are set to embrace broader economic changes, or if the status quo will remain.

Recommendation

Meanwhile, a parliamentary report by the Standing Committee on Economics and Public Administration tabled recently recommended some solutions for the redline.

“On the Veterinary Cordon Fence, farmers criticised the policy and the Act regulating the use of the cordon fence by saying it needed to be reviewed, as it was designed to favour a minority group at the expense of the majority of Namibians in the name of foot-and-mouth disease.

“Therefore, one of the recommendations on the above matter is that the Ministry of Agriculture, Water and Land Reform, and all relevant government offices, ministries and agencies should formulate their policy framework and amend their current Acts to allow farmers in the Northern Communal Areas (NCAs) to have access for marketing their livestock south of the veterinary cordon fence,” Natangwe Ithete, who chaired the committee, is quoted as saying.

Ithete was recently elevated to the position of Deputy Prime Minister and Minister of Mines and Energy.

The report further recommended that “the Veterinary Cordon Fence should only be used to control outbreak diseases, and not to prohibit citizens from moving their animals outside the veterinary cordon fence, or any other products that are prohibited.”

Furthermore, in non-outbreak times, cattle should be allowed to move freely, provided that basic health certifications or recent veterinary checks are obtained, coupled with a robust traceability system and temporary health checkpoints along key routes to monitor for any signs of foot-and-mouth disease, as is done on the south of the VCF.

In addition, should an outbreak occur, strict quarantine measures can be promptly reinstated, and there should be continued investment in upgrading quarantine facilities to ensure a swift and effective response, the committee proposed.

“This balanced approach supports the economic viability of the livestock sector, while maintaining necessary public health safeguards,” Ithete continued.

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