Africa-Press – Namibia. AGRICULTURE and land reform minister Calle Schlettwein said his intention, by writing to inspector general of the Namibian Police Sebastian Ndeitunga to stop a planned demolition of former Namibian ambassador to Finland Bonni Haufiku’s traditional homestead, was not in any way to undermine a High Court order.
The Namibian reported last week that Schlettwein wrote to Ndeitunga last year requesting him to stop plans to demolish Haufiku’s house on a piece of land he (Haufiku) and his cousin Josua Kaukungwa are fighting over.
The land in question is situated at Ohalushu village in Ohangwena region and it was owned by Kaukungwa’s father Set Kaukungwa until his death in October 2006.
Kaukungwa says he inherited the land from his father, while Haufiku insists his uncle Set appointed him as the heir of the land, and as headman of Ohalushu village in 2001.
Haufiku says his uncle gave him the house and village, and he, therefore, constructed a house on the premises. Kaukungwa then dragged Haufiku to the High Court over ‘illegal occupation’.
In August 2018, the High Court ruled in Kaukungwa’s favour and ordered the demolition of Haufiku’s house within 30 days of the court order. However, Haufiku did not demolish the house until June last year.
The house was scheduled to be demolished on 24 June last year, however, Schlettwein wrote to Ndeitunga on that date, requesting the police chief to stop the planned demolition despite the High Court order of August 2018.
In light of the minister’s letter, Kaukungwa’s lawyer, Sisa Namandje, who wrote to Schlettwein, “We advise that the minister…has no power to impede the execution of a court order.” The minister shared his letter with the attorney general Festus Mbandeka and Ohangwena police regional commander commissioner Elizabeth Sibolile.
“This ministry recently received a legal opinion on the land dispute between Josua Kaukungwa and Gottlieb Kaukungwa and Mr Bonni Haufiku. In summary, this matter is still under review and consideration. Therefore, demolishing any structure at this point should be halted,” the minister wrote in his letter.
The minister told The Namibian last week that his letter to Ndeitunga was not intended to interfere with the High Court order, but to maintain peace and order in a very volatile situation on the day.
“In fact, the inspector general communicated to me that the police can’t interfere in the execution of the court order and I am thankful to the police that they maintained order without interference of the judicial process. Under no circumstances would I intentionally interfere with a court order,” the minister said.
The minister said he is aware that after the demolition of Haufiku’s house, the Ohangwena Communal Land Board has since reviewed the customary land right Kaukungwa relied upon and revoked it because they suspect it was issued irregularly and not in compliance with provisions of the Communal Land Reform Act, Act No 5 2002.
“Mr Josua S.Kaukungwa has since challenged the decision of the Ohangwena Communal Land Board to cancel his customary land right…,” Schlettwein said. Haufiku’s house was demolished in September last year, but the fight continues.
This time, Haufiku is accused of lobbying fellow traditional leaders to sway the land in his favour. As headman of Ohalushu village, Haufiku is guaranteed a seat on the council.
The chairperson of the Oukwanyama Traditional Authority (OTA), Elias Waandja, notified Kaukungwa in a letter dated 23 February that the land he has fenced off had not been given to him in compliance with the Communal Land Reform Act of 2002. He said “the customary land rights certificate in your possession is, therefore, nullified by this letter”.
Kaukungwa last week told The Namibian the OTA is incorrectly nullifying his and his brother’s customary land rights certificates. He said the cancellation is irregular and should be set aside. Furthermore, Kaukungwa said the OTA cancelled his customary land rights because they wanted to give the land to Haufiku.
However, Haufiku said the cancellation has nothing to do with him.Contacted for comment, Waandja said the decision to nullify the customary land right certificate of the two brothers is not related to the land dispute between them and Haufiku.
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