Land tussle in High Court
The alleged invasion of farm Dickbusch by members of the Aroab Small Farmers Union is now the subject of urgent court interdict.
The action was embarked upon after the members of the union failed, over a period of about two decades, to be resettled on land the government had acquired around Aroab.
The land reform ministry and the //Karas Land Board are seeking to obtain an eviction and/or ejection order against 11 members of the union.
The defendants are Andrew de Juy, Gertjie Witbooi, Piet Mathys, Benjamin Hendrikse, Henry Hendriks, Abraham Jash, Hendrik Abraham, Benedictus Draaier, Johannes Rooi, Wessels Draaier en Petrus Cupido, all members of the Aroab Small Farmers Union.
However, Gertjie Witbooi, in a sworn statement to the court is arguing that it is a moot case.
“The pending eviction does not rest upon existing facts or rights in that the ministry and land board seek an eviction order in a pretended controversy, which if granted, shall have no practical effect upon the existing controversy,” he argued.
According to Witbooi, they wrote letters to the Legal Assistance Centre, the Ombudsman, parliament, the //Karas governor and the land reform ministry in September 2016.
The defendants individually applied for resettlement on farm Dickbusch on 13 October 2016. Two days later on 15 October, they informed the Keetmanshoop police about their intention to have peaceful demonstration on farm Dickbusch on 18 October. They were summoned to the Ombudsman’s office in Keetmanshoop where the farmers informed the office of their disappointment in the resettlement programme since 1994.
“We applied for resettlement on 29 farms without any success. On 29 October 2016 we held a peaceful demonstration at Dickbusch,” Witbooi stated.
He said that within 15 minutes certain Mr Neville, employed at the land reform ministry, came and locked the gates. Thus, he said, they were locked up inside the farm.
The defendants are now applying for condonation for their failure to deliver a plea within the timeframe allowed by the court.
They also submitted that due to the oversight of their legal representative, the Legal Assistance Centre and who in the meantime withdrew from the case, they failed to deliver a plea and counter claim.
“Our legal representative never filed a plea but instead came up with a settlement agreement, Gertjie Witbooi said.
In their particulars of claim, the ministry and land asked for an order that the 11 farmers remove their property or infrastructure from the land they unlawfully occupied at farm Dickbusch within 30 days of the judgment. They allege the union members illegally occupied the land.
They want an order authorising the deputy sheriff to remove the defendants from the farm in the event they do not voluntarily vacate.
The ministry on 1 June 2016 purchased a portion of farm Dickbusch No. 71, in the Keetmanshoop district.
On 27 January 2017, the ministry and land board gave written notice to the defendants to vacate the property but that they failed to do so.
“In the premises the defendants are in unlawful occupation of the farm and that the ministry is entitled to obtain an eviction order against them.”
FRED GOEIEMAN
The action was embarked upon after the members of the union failed, over a period of about two decades, to be resettled on land the government had acquired around Aroab.
The land reform ministry and the //Karas Land Board are seeking to obtain an eviction and/or ejection order against 11 members of the union.
The defendants are Andrew de Juy, Gertjie Witbooi, Piet Mathys, Benjamin Hendrikse, Henry Hendriks, Abraham Jash, Hendrik Abraham, Benedictus Draaier, Johannes Rooi, Wessels Draaier en Petrus Cupido, all members of the Aroab Small Farmers Union.
However, Gertjie Witbooi, in a sworn statement to the court is arguing that it is a moot case.
“The pending eviction does not rest upon existing facts or rights in that the ministry and land board seek an eviction order in a pretended controversy, which if granted, shall have no practical effect upon the existing controversy,” he argued.
According to Witbooi, they wrote letters to the Legal Assistance Centre, the Ombudsman, parliament, the //Karas governor and the land reform ministry in September 2016.
The defendants individually applied for resettlement on farm Dickbusch on 13 October 2016. Two days later on 15 October, they informed the Keetmanshoop police about their intention to have peaceful demonstration on farm Dickbusch on 18 October. They were summoned to the Ombudsman’s office in Keetmanshoop where the farmers informed the office of their disappointment in the resettlement programme since 1994.
“We applied for resettlement on 29 farms without any success. On 29 October 2016 we held a peaceful demonstration at Dickbusch,” Witbooi stated.
He said that within 15 minutes certain Mr Neville, employed at the land reform ministry, came and locked the gates. Thus, he said, they were locked up inside the farm.
The defendants are now applying for condonation for their failure to deliver a plea within the timeframe allowed by the court.
They also submitted that due to the oversight of their legal representative, the Legal Assistance Centre and who in the meantime withdrew from the case, they failed to deliver a plea and counter claim.
“Our legal representative never filed a plea but instead came up with a settlement agreement, Gertjie Witbooi said.
In their particulars of claim, the ministry and land asked for an order that the 11 farmers remove their property or infrastructure from the land they unlawfully occupied at farm Dickbusch within 30 days of the judgment. They allege the union members illegally occupied the land.
They want an order authorising the deputy sheriff to remove the defendants from the farm in the event they do not voluntarily vacate.
The ministry on 1 June 2016 purchased a portion of farm Dickbusch No. 71, in the Keetmanshoop district.
On 27 January 2017, the ministry and land board gave written notice to the defendants to vacate the property but that they failed to do so.
“In the premises the defendants are in unlawful occupation of the farm and that the ministry is entitled to obtain an eviction order against them.”
FRED GOEIEMAN
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