AG responds to case against Veterans Act

A case in which the law on veterans is being challenged - on the basis of a claim that it is discriminatory in that it only benefits freedom fighters of the then People&#039;s Liberation Army of Namibia (PLAN) - has recently been delayed.Attorney-General (AG) Festus Mbandeka also responded to the allegations.Earlier this year, Willem Beukes, a former member of the then South West African Territorial Force (SWATF), requested the High Court to review the Veterans Act of 2008 and the Veterans Amendment Act 3 of 2013.He claimed the current government regularly makes defamatory allegations, such as a statement that SWATF fought on the wrong side during the freedom struggle.However, Mbandeka claimed Beukes&#039; application is flawed."The law cannot be reviewed, amended or corrected by a court. The legislative power rests with the National Assembly and the National Council and the judiciary may not take over the functions of the legislature by amending or correcting the law."On these grounds alone, the application must be dismissed with costs," he argued.Mbandeka further said Beukes made a mistake by not including the minister of veterans affairs in the court application and mistakenly included the Office of the Judiciary, as the latter is not responsible for amending and correcting laws.Justice minister Yvonne Dausab and Speaker of the National Assembly Peter Katjavivi also submitted documents supporting Mbandeka&#039;s statement.‘Against international laws’Although Beukes claimed that the SWATF fighters "fulfilled their obligations to protect the area now considered Namibia from advanced military giants", Mbandeka argued that the military activities carried out by SWATF before independence "were in violation of international laws”."The [United Nations] Security Council and the General Assembly did not recognise SWATF, as South Africa illegally controlled Namibia. SWATF therefore did not legally exercise any function in Namibia before independence," he said.PostponedParties were due to appear before Judge Claudia Claasen yesterday for pre-trial proceedings, but the case was postponed until 4 October as Beukes is apparently in the process of applying to amend documents."Therefore, it is not feasible to exchange further affidavits pending this process," a court order read.– kristien@republikein.com.na

AG responds to case against Veterans Act

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Namibian Sun 2025-04-03

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AG responds to case against Veterans Act

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Namibian Sun 2025-04-03

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