Von Bach ‘squatters’ refuse to leave state land

JEMIMA BEUKESA group of businessmen operating as the Namibia Waterski Club have allegedly squatted on the banks of the Von Bach Dam since their lease lapsed in 2012.It is also alleged that the Namibia Waterski Club erected structures on the leased premises without the prior written consent of government, as prescribed by the lease agreement. The club members argue they are entitled to compensation for the structures, which government disputes.Government also accused the club of using the premises for “purposes which ran counter to the purposes for which the land was leased as spelt out in the lease agreement”.Back and forthAccording to a letter written in 2008 by the then executive director of ministry of works and transport, George Simataa, the ministry had noted the “unwanted presence” of the “illegal settlers” at Von Bach Resort. The ministry undertook to inform the club to vacate the area.Alternatively, they would be requested to enter into negotiations with the lawful occupants of the resort, Namibia Wildlife Resort (NWR) and Tungeni Africa Investments, to discuss future involvement in commercial activities.This communication followed a 2003 letter written by the ministry's fixed asset management deputy director Robert Kalomho, who wrote “due to numerous complaints received, the ministry finds it difficult to continue leasing the property to the Namibia Waterski Club”.Kalomho then gave the club three months' notice to vacate the land and surrender all state properties, including keys, to ministry officials.On 29 October 2008, Simaata wrote another letter titled 'Von Bach Dam and Recreation, Okahandja: Illegal Occupation', in which he informed the ski club that Cabinet had approved the NWR's turnaround strategy which included entering into a public private partnership with Tungeni Africa. “As you are aware, your lease agreement expired on 30 November 2007. No new lease was negotiated and signed with this ministry since then. This resulted in the presence of the ski club being considered unlawful on the premises,” he said.Legal fightMeanwhile, the Namibia Waterski Club dragged government to court and claimed it has continued to receive payments from the club and, as stipulated by the written lease contract, the lease agreement was renewed for a period of five years until 30 November 2012. The group has in the meantime time split into two and now operates as Namibia Waterski Club and Von Bach Ski Club, and occupy land on the east and west side of the dam. The works' ministry wrote again on 23 August 2012 and informed both clubs that their lease would not be extended beyond November 2012. On 11 December 2014, the Von Bach Ski Club wrote to the ministry and informed them that they jointly claim an amount of N$14.7 million in lieu of improvements that were constructed on the various pieces of land. “As of yet, your ministry has not satisfied these claims, nor has it shown any interest in attempting to find an amicable solution to the current 'standoff' which sadly presents itself. Our clients are exercising their lien over the property and as such have a right of retention pending the outcome of the main action,” the letter read.Not welcomeTungeni Africa Investments meanwhile sued the Namibia Waterski Club and 74 others, demanding they vacate the property it is currently leasing from NWR.In response, the ski club and other respondents claim that Tungeni Africa has no right to evict them. “As the two portions of land had still not been transferred to NWR, the plaintiff also currently has no right or basis to evict the defendants. In short, the lease agreement, including portion 65 and portion B, NWR had no right to such land and could thus not grant the plaintiff rights in respect of these properties,” court documents stated. They also claim that they have never leased the land from Tungeni or NWR, and as such were never privy to any agreement or understanding with either entities. They also argue they never had any contractual or other relationship with Tungeni that may entitle Tungeni to evict them from the premises and that instead they enjoy a direct contractual relationship with the landlord - government.jemima@namibiansun.com

Von Bach ‘squatters’ refuse to leave state land

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Namibian Sun 2025-02-03

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Von Bach ‘squatters’ refuse to leave state land

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Namibian Sun 2025-02-03

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