Allexer Namundjembo and Niël Terblanché
High Court Judge Shafimana Ueitele said he was placed in a difficult position when making his ruling in the Red Line case, following public statements made by Job Amupanda, who brought the case that challenged the legality of the veterinary cordon fence.
The Red Line case was concluded in the High Court on Thursday.
Uitele dismissed and struck the matter off the roll.
He said Amupanda’s remarks left him uncertain about how the ruling might be perceived.
“The pronouncements by Mr Amupanda and the events that followed have placed me in a dilemma, making me think that if I dismiss the defendants’ application for absolution from instances, a section of the Namibian population will believe that I have been intimidated by Amupanda and his sympathisers,” said Uitele.
He added that if he upheld the defendants’ request, some might think Amupanda was being targeted for his actions, casting doubt on the judiciary’s independence.
The judge granted absolution, resulting in the case’s dismissal.
Ueitele stressed that judicial independence must be protected, especially after Amupanda posted on social media in a manner the judge said interfered with the judicial process.
“The prohibition against interfering with judicial officers in the performance of their functions is imposed to ensure that judges and judicial officers can perform their very important and responsible duties, including their role as guardians of the constitution,” Ueitele said.
Tensions between Ueitele and Amupanda grew during the proceedings.
Amupanda accused the judge of bias and filed a complaint with the Judicial Service Commission (JSC), alleging the judge mishandled the trial and displayed a negative attitude toward his legal team.
The complaint was submitted last month.
Amupanda has since announced plans to appeal the ruling.
“We are headed to the Supreme Court, where our case will not be heard by one judge with two farms and tax exemptions! The 1896 Redline will fall!” he said on his Facebook page.
The president of the Namibia Agricultural Union (NAU), Thinus Pretorius, said the union accepts the court’s decision and views it as an opportunity to shape a unified policy approach for agriculture.
“The NAU accepts the judgment and sees the development as an opportunity to move forward with a responsible, long-term strategy for inclusive agricultural growth across the nation,” he said.
Pretorius said farmers on both sides of the Red Line have played a vital role in economic stability.
“For decades, farmers from both sides of the fence have contributed to the country’s economic stability,” he said.
He stated that the NAU supports a unified, market-driven agricultural sector with equal access for all farmers. He cautioned that reforms must be carefully managed to protect Namibia’s strong global reputation in meat exports.
“Achieving this transition requires careful planning that safeguards Namibia’s hard-earned and excellent reputation as a meat exporter in global markets,” he said.
Pretorius acknowledged the emotional nature of debates around agricultural reform but said the NAU remains focused on evidence-based policies that support long-term economic goals.
“The NAU is fully committed to advocating for decisions grounded in facts and economic sustainability,” he said.
He said the court’s decision provides space for constructive dialogue on policy.
“Reckless changes driven by short-term sentiment could jeopardise jobs, food security, and economic stability,” he said.
Pretorius said the NAU is ready to work with the government and other stakeholders to develop inclusive strategies that bring all farmers into the broader economy.
“We support our government to continue making informed decisions that uphold the strength of the agricultural sector. We stand by to collaborate and build a future where every Namibian farmer thrives within a unified, market-driven agricultural sector,” he said.
The Red Line, set up to prevent the spread of livestock diseases, has long limited the movement of animals and meat from northern communal areas to southern markets.
Pretorius stated that the High Court’s decision has restored opportunities for long-term involvement in managing the issue for the benefit of the entire nation.
