Hertta-Maria Amutenja
The High Court has ruled against the Affirmative Repositioning (AR) leader, Job Amupanda’s request for protection from legal costs in his case challenging the constitutionality of the Veterinary Cordon Fence, commonly known as the Red Line.
High court judge Ueitele ordered Amupanda to cover the legal costs of the opposing parties for pre-trial applications in the ongoing case, which is scheduled for trial from 20 January to 31 January 2025.
The judgement, issued this week, clarified that Amupanda would not face an adverse cost order in the trial itself, regardless of the outcome.
However, he must pay for the costs associated with his Rule 20 application, including fees for one instructing and two instructed counsel where applicable, with no limitation on costs under Rule 32(11).
Following the court’s decision, Amupanda declared a “strategic victory” in his fight against the red line.
Amupanda took to social media to celebrate the ruling, calling it a step forward in what he describes as a public interest case.
We have won and scored a strategic victory in the 1896 redline case. We launched a protective cost order so that there will be no cost order against us as this is a public interest case.
The corrupt regime brought a conference of lawyers from Namibia and South Africa so that I could surrender in fear of millions in costs.
This now gives us a strategic opportunity to finally remove the 120+-year colonial instrument protected by the corrupt regime,” he said.
Amupanda was represented by Advocate Mbushandje Ntinda and Advocate Tinashe Chibwana of Kadhila Amoomo, who argued that their client’s financial limitations put him at a disadvantage compared to the defendants, which include the Ministry of Agriculture, Water and Land Reform, the Attorney-General, the Government of Namibia, the Meat Board, the Namibia Agricultural Union (NAU), and several wealthy business figures.
Amupanda, a lecturer and council member, disclosed that his monthly income fluctuates between N$50 000 and N$65 000, with expenses of N$53 311, leaving him with minimal disposable income. Amoomo argued that Amupanda’s limited resources placed him at a disadvantage against financially stronger opponents.
The case dates back to 2021 when Amupanda filed a lawsuit claiming the Red Line is an unconstitutional, colonial-era structure restricting movement across Namibia and not sanctioned by any current Namibian law.
The government and agricultural bodies have argued that the Red Line remains crucial for disease control in the country’s livestock sector.
Last month, agriculture minister, Calle Schlettwein proposed a phased removal of the Red Line, approved by Cabinet, with plans to establish new veterinary cordon zones.
The initiative, announced by deputy information minister Modestus Amutse, includes a feasibility study and the construction of additional veterinary fences and gates in the coming years.
Judge Ueitele set a pre-trial conference for 19 November to finalise preparations.
