Staff Reporter
THE legal aid application of close to 200 people who were taken to court after attempting to occupy vacant houses in Otjomuise Extension 10, built under the Mass Housing Development Programme, has been turned down.
The Ministry of Justice, in response to the application of the close to 200 people who applied for legal aid, said in a letter that the legal aid application was unsuccessful as their case has no merits.
The respondents, who claim to be mostly destitute, will now have to enlist the services of a private lawyer. The application was brought forth by Calgrokuumba Planning and Design Company (Pty) Ltd (the contractor and developer of the project) and the Minister of Rural and Urban Development against the Namibian Economic Freedom Fighters (NEFF), its former Commissar for Economic Affairs, Michael Amushelelo, and over 150 persons who registered with Amushelelo to occupy the houses illegally.
High Court Judge Nate Ndauendapo postponed the matter to October 4, 2024, at 10:00 for a status hearing on the legal representation issue.
The first applicant, Calgrokuumba Planning, is in lawful possession of the property in line with an agreement with the National Housing Enterprise, established in or around December 2013, to construct 1,187 houses in Otjomuise Extension 10 on behalf of the government.
Andries Olivier, the CEO of Calgrokuumba, explained in his affidavit that the 362 houses, which the NEFF, Amushelelo, and the close to 200 people are targeting for unlawful occupation, are incomplete and unfit for human habitation because services and service connections (for sewerage, water, and electricity) still need to be installed.
“Around 6 February, I became aware of the fact that the 2nd Respondent (Amushelelo) has been inciting members of the public to take occupation of the vacant houses at the property. At around 08:30 on the morning of 10 February, I attended the property and found that a large crowd had gathered for the ‘registration process’ orchestrated by the NEFF and Amushelelo,” Olivier said.
He added that on 2 November 2023, MURD was ordered by the court to issue the variation order on or before 30 May 2024 to enable the 1st applicant, Calgrokuumba Planning, to complete the construction of the 362 houses to ensure that they are fit for human habitation.
“Until such time as the provisions of the aforementioned court order are complied with and the houses are completed and handed over to MURD, the 1st applicant, in its capacity as contractor and developer of the property, remains in lawful control and undisturbed possession of the property,” Olivier explained.
