Lack of boldness, unfair discrimination and compensation

SILAS KISHI SHAKUMUMost council members believe nothing better exists than what's already there. They have no vision for the regions and towns, although they travel the whole world for capacity building and partnerships.Our council members have been to China, Denmark, Dubai, Germany and many other countries where the word 'impossible' is almost not known. Yet ask our councillors and staff members to come up with an initiative, the word 'impossible' leads their thinking.Some of our leaders are scared and do not dare the 'impossible'. They dare not regulate land prices. They dare not remove incompetent councillors or staff members. CEOs without any vision or plan are allowed to serve until the end of their five-year contract. It has been stressed over and over again, to lead and conquer situations requires boldness.Regulating land prices does not require political statements and conferences. It requires boldness and common sense. Black discriminationBefore I conclude on the role of the MC, I must briefly touch on two issues that are very frustrating. Unequal treatment and blind leadership. In most cases, central government is aware of the fact that lokasie residents don't receive the same treatment as their town brothers and sisters.The lokasie housing designs are inferior in size and structure. Non-compliance with building regulations does not matter, although regulations are there for valid reasons. Cemeteries are in a shameful state. The streets are not paved or cleaned. Rubbish is not removed as it is the case in die dorp. People live in shacks and burn to death each year. Yet our councillors do not seem to have a sense of urgency and plan to take the masses out of these inhuman structures.Shack fires have been around for many years. Despite all this misery and hardship, we recycle the same people year after year. Same mayor, same governor, same practices! Albert Einstein was seemingly right when he wrote: “Insanity is doing the same thing over and over again and expecting different results”. Unjust compensationI now come to the second issue – compensation for expropriated land. Council members are supposed to be on their guard and well informed. Where they fail in their duties, people suffer. For example, in Katima, Rundu, Ongwediva and other upcoming towns and settlements, people have to make way for 'development'. Most, if not all, of these people are black and previously disadvantaged.When their land is expropriated by regional and town councils, they are paid peanuts. The regional and local authorities are using a Cabinet directive on expropriation. This directive requires that the local authorities count the number of fruit trees in a specific field as well as the number and nature of the buildings in the homestead on that particular land parcel. This is shocking and councillors should have picked it up and block it for the following reasons: (a) We don't count fruit- and berry-bearing trees when we expropriate land in Olympia or a commercial farm; (b) building structures in villages are not the same as those in Windhoek and Ongwediva.If we are to evaluate them, we will get minimal value. In villages people use different building material to which the government has attached little value.I am of the view that the current formula used to compensate people in traditional areas undermines their culture and intelligence, is unjust and, therefore, unconstitutional. I am still to find a law in Namibia that authorises this type of insulting formula. The argument advanced by the executives, old councils and the previous Cabinet is that our people have no title over the land and hence cannot be compensated in the same fashion as land over which there is a title.Expropriation in Namibia is effected in terms of Article 16 of the Namibian Constitution. That article does not distinguish between ownership in title and occupational rights holders. Any law or directive that suggests otherwise would be offending Article 16. Expropriate certain people's land and they go to the bank dancing. Expropriate black people's land and they become destitute and homeless. Councillors are supposed to be vigilant and question all types of practices and directives that are to the disadvantage of their people. I opine that, in most cases, we are run by people who have no ambition and no courage to challenge unfair practices. Silas Kishi Shakumu is a practising lawyer and training consultant.

Lack of boldness, unfair discrimination and compensation

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Namibian Sun 2025-03-07

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Lack of boldness, unfair discrimination and compensation

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Namibian Sun 2025-03-07

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