Nyae Nyae land battle heats up
The Ju/'hoansi Traditional Authority has threatened to take their battle over land in the Nyae Nyae Conservancy to international courts, if it is not resolved.
This follows farmers who invaded the Nyae Nyae Conservancy in 2009 asking President Hage Geingob to intervene after they were officially ordered by the Ju/'hoansi Traditional Authority to leave the area.
The San traditional authority on 8 February 2018 issued a notice ordering the farmers to vacate the area.
Close to 30 Otjiherero-speaking families invaded the conservancy under the jurisdiction of the traditional authority with about 1 000 head of cattle, purportedly because their cattle were dying because of a poisonous plant in the Gam area.
The farmers were on 13 March given 30 days to vacate the area.
“Like our neighbours in Na Jaqna, we have been tolerant and followed due process, but it did not have the desired effect. We have been forced to take this civil action to ensure that our land and resources are returned to the community to whom they rightfully belong. We are ready to take our case to the international courts if necessary,” said Chief Tsamkxao Coma of the Ju/'hoansi Traditional Authority.
For the past decade the Ju/'hoansi Traditional Authority and the Nyae Nyae Conservancy community have attempted to reclaim the rights to their land and resources.
“Their rights and land have continuously been infringed upon and ignored since the well-documented invasion of farmers into the area,” says a statement issued by the Ju/'hoansi Traditional Authority
According to the traditional authority, in the Kavango Region and previously in Nyae Nyae, such invasions had been swiftly dealt with. “Land and resource rights are taken very seriously in Namibia and flaunting such rights cannot be tolerated otherwise it will lead to an anarchic situation whereby people just grab land and resources illegally.”
The traditional authority however says that in Nyae Nyae, despite attempts to engage the invading community and then the authorities, ultimately laying the situation at the justice system's feet has not had the same desired effect.
According to them there has been a real lacklustre reaction from the authorities, as well as the justice system, and the people in these marginalised communities have been failed completely.
The Nyae Nyae community are the responsible custodians of their land and resources and have been gazetted as both a conservancy and community forest.
“However, despite this, neither the Ministry of Environment and Tourism nor the Ministry of Agriculture Water and Forestry have come to their defence in supporting the legislation under which Nyae Nyae was gazetted and which gave them the legal right to utilise the resources in the area.”
The traditional authority says this means that a very unwelcome situation has arisen, where the people who are legally on the land and utilising the resources sustainably have to gather their own evidence against the farmers who are knowingly grazing their cattle illegally, without regard for sustainability of the resources, while the authorities and ministries have just looked on.
“Now, after all other attempts have failed, the chief has engaged legal support to initiate civil cases against six farmers, which has finally been met with a response.
This is welcomed and it is hoped that a swift resolution is found and enacted in order to restore the rights and respect for the Ju/'hoansi community that they deserve.”
ELLANIE SMIT
This follows farmers who invaded the Nyae Nyae Conservancy in 2009 asking President Hage Geingob to intervene after they were officially ordered by the Ju/'hoansi Traditional Authority to leave the area.
The San traditional authority on 8 February 2018 issued a notice ordering the farmers to vacate the area.
Close to 30 Otjiherero-speaking families invaded the conservancy under the jurisdiction of the traditional authority with about 1 000 head of cattle, purportedly because their cattle were dying because of a poisonous plant in the Gam area.
The farmers were on 13 March given 30 days to vacate the area.
“Like our neighbours in Na Jaqna, we have been tolerant and followed due process, but it did not have the desired effect. We have been forced to take this civil action to ensure that our land and resources are returned to the community to whom they rightfully belong. We are ready to take our case to the international courts if necessary,” said Chief Tsamkxao Coma of the Ju/'hoansi Traditional Authority.
For the past decade the Ju/'hoansi Traditional Authority and the Nyae Nyae Conservancy community have attempted to reclaim the rights to their land and resources.
“Their rights and land have continuously been infringed upon and ignored since the well-documented invasion of farmers into the area,” says a statement issued by the Ju/'hoansi Traditional Authority
According to the traditional authority, in the Kavango Region and previously in Nyae Nyae, such invasions had been swiftly dealt with. “Land and resource rights are taken very seriously in Namibia and flaunting such rights cannot be tolerated otherwise it will lead to an anarchic situation whereby people just grab land and resources illegally.”
The traditional authority however says that in Nyae Nyae, despite attempts to engage the invading community and then the authorities, ultimately laying the situation at the justice system's feet has not had the same desired effect.
According to them there has been a real lacklustre reaction from the authorities, as well as the justice system, and the people in these marginalised communities have been failed completely.
The Nyae Nyae community are the responsible custodians of their land and resources and have been gazetted as both a conservancy and community forest.
“However, despite this, neither the Ministry of Environment and Tourism nor the Ministry of Agriculture Water and Forestry have come to their defence in supporting the legislation under which Nyae Nyae was gazetted and which gave them the legal right to utilise the resources in the area.”
The traditional authority says this means that a very unwelcome situation has arisen, where the people who are legally on the land and utilising the resources sustainably have to gather their own evidence against the farmers who are knowingly grazing their cattle illegally, without regard for sustainability of the resources, while the authorities and ministries have just looked on.
“Now, after all other attempts have failed, the chief has engaged legal support to initiate civil cases against six farmers, which has finally been met with a response.
This is welcomed and it is hoped that a swift resolution is found and enacted in order to restore the rights and respect for the Ju/'hoansi community that they deserve.”
ELLANIE SMIT
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