Patience Makwele
City of Windhoek councillors have demanded legal clarification on President Netumbo Nandi-Ndaitwah’s private application to acquire municipal land in Auasblick, questioning whether the matter should be discussed publicly or in camera.
The demands were made during the city’s ordinary council meeting on Thursday, where councillors debated the treatment of several land applications on the agenda.
Affirmative Repositioning councillor Kavetu Maitjituavi questioned why Nandi-Ndaitwah’s land application should be treated differently from other applications, particularly Cricket Namibia’s, which he said was open to public discussion.
Maitjituavi said the President’s application involves a large parcel of land that could accommodate about 488 residents and approximately 148 houses.
“Just because it’s the President, in a personal capacity, applying for land, such a huge parcel of land, that can accommodate about 488 residents, and about 148 houses, is that what we want to hide from the public?” he asked.
He called for clarity on which land matters should be discussed publicly and which should be handled behind closed doors.
Councillor Ndeshihafela Larandja argued that the issue should not be limited to the President’s application, saying three land-purchase items were on the agenda and should be treated consistently under the same legal provisions.
“There are three items on the agenda for the purchase of land which are FNS 4, FNS 1 and FNS 9 and all are falling under the same prohibition,” Larandja said.
She argued that even the proposed purchase of a 10-metre strip of land constitutes a property transaction and should therefore be treated in the same manner as the other applications.
“It will be fair enough to withdraw all,” she said.
The debate followed the circulation of a legal opinion advising that certain property-related matters be placed under separate cover.
Councillors said they had received the opinion shortly before the meeting and needed more time to consider its interpretation.
SWAPO councillor TM Ambambi said council first needed to deal with the adoption of the agenda and determine whether individual items could be amended during that process.
LPM councillor Ivan Skrywer questioned whether adopting the agenda would prevent councillors from later deciding that a specific matter should be opened to the public.
“If we adopt the agenda, would we not forfeit that right?” Skrywer asked.
SWAPO councillor Queen Kamati raised Section 14(2) of the Local Authorities Act of 1992, which provides that council meetings should generally be open to the public, subject to specified exceptions, including matters relating to offers made by a local authority for the purchase of property.
Kamati said councillors needed sufficient time to understand the legal interpretation, particularly as a second external legal opinion was expected.
She proposed that the relevant land application be referred back to the Management Committee pending the additional legal opinion.
Popular Democratic Party (PDM) councillor Ignatius Semba supported the proposal but raised concerns over the documentation before council, saying a memorandum indicated that it should contain five pages, while page two was missing.
“We are sitting here on an item of such national interest. This item is not complete,” Semba said.
Semba also called for a timeframe for the matter to return to council, saying the issue had already been referred back to the Management Committee previously.
Council ultimately agreed that the affected land matters should return to the Management Committee pending further legal clarification.
The President’s application, previously reported by The Namibian, concerns six erven in Auasblick covering about 1.8 hectares.
The application was reportedly made in her private capacity following a security breach at the State House in April.
The application remains unresolved, with no final council decision having been taken.
