Hertta-Maria Amutenja
The ongoing dispute over ancestral land rights within the /Khomanin community has taken a new turn as legal threats have emerged.
The /Khomanin Traditional Authority (TA), led by Chief Julienne Gawa!nas, has issued a letter of demand against social justice activist Shaun Gariseb, accusing him of defamation and undermining the authority of the Chief.
In a letter dated 18 October, Kadhila Amoomo Legal Practitioners, acting on behalf of the /Khomanin Traditional Authority, they demand that Gariseb retract statements he made during a press conference on 10 October.
The letter claims that Gariseb falsely accused Chief Gawa!nas of collaborating in the displacement and suppression of the /Khomanin people, as well as destroying ancestral graves.
The legal representatives insist that these allegations are defamatory and malicious, designed to incite unrest within the community.
The letter also condemns Gariseb’s reference to the evocation of clause 4.2.5(b) of the /Khomanin Traditional Authority’s customary law, which Amoomo argued implied that the Chief was of poor mental health.
“Apart from the abovementioned statement made on t 10 October 2024, you also suggested the evocation of clause 4.2.5(b) of the laws of the /Khomanin thereby implying that Her Majesty, the Queen, is of poor mental health. This insinuation is not only insulting to Her Majesty, the Queen of the /Khomanin but also degrading of her dignity and brings the office which she holds into disrepute,” said Amoomo.
The traditional authority demands an apology by 23 October, failing which they intend to pursue legal action in the High Court.
“Should you remain obdurate and refuse to retract the aforementioned statement, we will approach the High Court to institute action proceedings against you for defamation against the reputation of Her Majesty, the Queen,” said Amoomo.
In a sharply worded response, Gariseb dismissed the legal threat, expressing disappointment in Amoomo for what he described as an exaggerated and inappropriate use of traditional titles.
Gariseb referred to Amoomo as “my friend” in the letter, while maintaining his stance that everything he had said was factual and reflective of the community’s frustrations.
“Omfana, my friend, sometimes you disappoint me with your ways. You want us to retract factual and honest things we communicated concerning our community. You continue and exaggerate what I said, elevating the title of the chief to something like Princess of Wales, Majesty, etc.,” Gariseb wrote in his response.
Gariseb argued that the community had a right to hold their leaders accountable, particularly when they believed that the Chief was failing to protect their interests.
He said there was no “royalty” in the /Khomanin community, so chiefs must be evaluated like other leaders.
The roots of this conflict stem from a long-standing land dispute between the /Khomanin community and German farmer John Cuff, who allegedly owns the contested Baumgartsbrunn-//Ganaxas farm.
The community claims Cuff has unlawfully expanded his farming operations onto their ancestral land, including areas containing the graves of their ancestors.
They accuse the Traditional Authority, under Gawa!nas, of failing to defend their ancestral land rights.
The situation escalated earlier this month when Gariseb, along with other community members, accused Gawa!nas of colluding with Cuff to disenfranchise the /Khomanin people.
The community claims that Gawa!nas instructed Cuff to forego a scheduled meeting with them and activists on 8 October, with the intention of discussing the land dispute. Instead, a private meeting between the Chief and Cuff allegedly took place in Windhoek.
