Land board wins illegal fencing battle

Three farmers that fenced off communal land in Omaheke have failed in their bid to secure an interim High Court interdict and review of a decision by the regional land board that they remove the illegal structure.The court dismissed the urgency of the matter as self-created.The court found the urgency was as a result of inaction and the “culpable remissness” of farmers Eliphas Kahorere, Mbamana Katuuo and Kamaaizemi Kahorere. The respondents were the Omaheke Land Board, the lands ministry, the appeals tribunal and the Armnado Construction Contractor.The farmers had lodged an application with the Omaheke Land Board on 15 July 2013 in which they sought recognition and the registration of their customary land rights and the authorisation to retain the communal land they had fenced off.On 7 May 2014 the land board ruled the applicants should remove the retention aspect from their application. It further directed the farmers to liaise with the Ovambanderu Traditional Authority who would consider for the allocation of customary land rights under Communal Land Reform Act regulations.The land board on the same date issued an order in terms of the Act compelling the farmers to remove the fence within 30 days of receiving the order.On 2 June 2014 the farmers appealed against the decision. The appeal was heard on 29 January 2015 by the land board and judgement was delivered on 11 February 2015.“The appellants must forthwith, remove or cause to be removed, the fence as directed by the land board. They must take up the matter with the traditional authority. The appeal is dismissed,” the ruling said.The land board, when it became aware that the three farmers had launched a High Court appeal, issued another order directing them to remove the fence within 30 days of the receipt of the order.The legal representative of the farmers then wrote a letter to the land board indicating the order was premature. The board replied that the fence would be removed in terms of its judgement and notified the applicants on 21 May it had appointed Armnado Construction Contractor to remove the fence.The farmers then proceeded on 23 May to apply for the registration of their customary land rights and for the retention of the fence. They launched an urgent application on 30 May, seeking an interim interdict and a review of the decision by the land boardThe respondents submitted there had been a delay of two years and five months from the date the applicants received a notification that the order to remove the fence would be executed.“The urgency in the matter is self-created due the inaction and culpable remissness on the part of the applicant.”The High Court on Friday dismissed the application on grounds that the urgency was indeed self-created. FRED GOEIEMAN

Land board wins illegal fencing battle

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Namibian Sun 2025-04-25

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Land board wins illegal fencing battle

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Namibian Sun 2025-04-25

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