Hertta-Maria Amutenja
The Chairperson of the Appeal Tribunal has been ordered by High Court Judge Hannelie Prinsloo to review and set aside a decision it handed over to northern farmer Christian Shilongo in November 2021.
According to the judgement delivered yesterday, Prinsloo said the Appeal Tribunal failed to exercise its discretion properly in deciding the issues placed before it.
Shilongo is claiming he was unlawfully evicted from a piece of land he was leasing.
Shilongo is citing the appeal tribunal Kavango West Communal Land Board, Ukwangali Traditional Authority and Immanuel Sikongo and the first to the fourth respondents.
He further claimed the appeal tribunal acted beyond its scope of powers.
According to the documents Sikongo was allocated a Leasehold certificate in 2017 by the land board.
However, the documents indicate that Shilongo was unlawfully occupying the leasehold and unlawfully subleasing from Sikongo.
He was further evicted by the land board, after three meetings, 2 in July 2020 and one in November of the same year, the board resolved that Shilongo must vacate the premises.
This according to the judge was on the basis that the agreement concluded between the Shilongo and Sikongo was not approved by the board and was the ultra vires in terms of s 31(6) of the Act.
“On 30 July 2019, Kadhila Amoomo Legal Practitioners, acting on behalf of Sikongo, sent a letter to the board requesting it to evict Shilongo who is in unlawful occupation of the leasehold,” read the judgment.
After applying for an appeal the appeal tribunal dismissed his appeal and upheld its decision in November 2020.
The mandate of the appeal tribunal is to confirm, set aside or amend the decision which is the subject of the appeal; as well as make any order as members may think fit.
The appeal tribunal consists of Kenneth Munyama, Nondumiso Mbidi, Isabella Tjatjara, Hafeni Hamunyela, Magdelena Joseph, Daniel Kufuna, Maitjituavi Kavetu, Bartholomeus Mpasi and Iyaloo Hamulungu.
