…as veterinary fence tender faces fresh challenge
Renthia Kaimbi
Kapana vendors at Windhoek’s Single Quarters and families preparing for weddings where cattle are required for ‘lobola’ (bride price) are among those caught in uncertainty following the nationwide suspension of livestock movement, trade and slaughtering after Foot-and-Mouth Disease (FMD) was detected in the //Kharas Region.
The restrictions have raised questions over whether cattle can still be slaughtered for weddings, funerals and other customary events, while consumers countrywide have rushed to secure meat amid fears of shortages.
The questions are now being put directly to the government, with lawyers representing Affirmative Repositioning leader Job Amupanda demanding urgent clarification from acting agriculture minister Charles Mubita on the scope, legal basis and duration of the measures.
In a letter dated 24 September, Kadhila Amoomo Legal Practitioners, acting for Amupanda, questioned why restrictions announced after FMD was detected on a commercial farm in Karasburg should apply nationwide.
The lawyers noted that the outbreak was detected within the FMD-free zone and questioned the continued relevance of the veterinary cordon fence, commonly known as the Redline, which separates the FMD-free zone from the Protection Zone.
They specifically raised concerns about “restrictions that extend even to the slaughtering of animals for customary purposes at funerals and weddings”.
The lawyers want the ministry to clarify whether the suspension of livestock movement applies only to commercial activities such as sales, auctions, exports and abattoir slaughtering, or whether it also covers animals moved and slaughtered for household consumption, weddings, funerals and other traditional ceremonies.
They also asked what veterinary rationale exists for restricting customary slaughtering where animals are not being moved across disease-control zones.
The letter questions whether the government could instead establish a containment zone around Karasburg rather than treating the entire country as one epidemiological unit.
The lawyers further asked whether the control line could be moved or established around the affected area, arguing that unaffected communities north of the Redline should not necessarily face the same restrictions.
They have requested a written response within seven days and warned that failure to receive one could result in further legal action, including an urgent court application, or the matter being raised in Parliament.
The questions come as the restrictions are already affecting the informal meat economy.
Kapana vendors at Single Quarters, whose businesses depend heavily on a regular supply of beef, face uncertainty over how they can continue operating while the movement, marketing and slaughtering of cloven-hoofed animals remain suspended.
The City of Windhoek has also issued a notice suspending services affected by the veterinary measures, while the Directorate of Veterinary Services has suspended the slaughtering of cloven-hoofed animals at local and export abattoirs, informal markets and social events.
The restrictions therefore extend beyond commercial farmers and exporters to informal traders and ordinary consumers.
Families preparing for weddings are also seeking clarity over cattle traditionally used in ‘lobola’ arrangements.
“We have a wedding in two weeks in the north and do not understand whether we can even slaughter cows that are already in our kraal, even just for ceremonial purposes,” an uncle of a bride-to-be told the Windhoek Observer.
The veterinary notification does not provide a separate exemption for customary social events, leaving questions over whether families can proceed with planned cattle slaughtering for weddings, funerals and other ceremonies or whether such activities must be postponed until the restrictions are lifted.
The uncertainty comes as consumers respond to the disruption by buying meat in larger quantities.
Metro Namibia has warned that some meat, dairy and pet-food products may temporarily become unavailable and that certain advertised specials may not be honoured because of the FMD restrictions.
The measures apply to cloven-hoofed animals, including cattle, sheep, goats and pigs, and their products.
Meatco has also suspended beef exports following confirmation of the outbreak.
The meat processor has said the full financial impact remains uncertain and will depend on the duration of the control measures, the status of consignments already in transit and when livestock procurement, slaughtering and export markets can resume.
The outbreak was confirmed by chief veterinary officer Dr Kenneth Shoombe in a Veterinary Public Notification issued on 23 September.
According to the notification, 63 cattle displayed clinical signs during routine surveillance in the Karasburg State Veterinary District.
Samples from 11 cattle were submitted to the Central Veterinary Laboratory, with 10 testing positive for FMD on 23 September.
The results prompted activation of the National FMD Contingency Plan and immediate nationwide control measures.
The government subsequently suspended the movement of all cloven-hoofed animals and their raw products, as well as their marketing and trade.
Imports, exports and transit involving cloven-hoofed animals and their products have also been suspended until further notice.
Namibia-South Africa border fence tender dispute
The outbreak has also brought renewed attention to the planned veterinary cordon fence, whose construction is already caught up in a legal battle over the procurement process.
The proposed fence covers approximately 185 kilometres in the //Kharas Region, comprising 155 kilometres along the Orange River and another 30 kilometres between the Klein Menasse and Mata Mata border posts.
In a letter also dated 24 September, Appolos Shimakeleni Lawyers, representing China Jiangxi International (Namibia) (Pty) Ltd JV Homefin Properties CC (CJIN JV Homefin), called on the Central Procurement Board of Namibia (CPBN) to reconsider and set aside its emergency award of the project to Punchu Trading CC JV China State Construction Engineering Co.
The lawyers referred to their client’s earlier High Court application for reconsideration of the cancellation of the original competitive tender and the subsequent emergency award.
They said CJIN JV Homefin had received no response to its application apart from the position set out in the CPBN’s answering affidavit in the related High Court proceedings.
According to the lawyers, CJIN JV Homefin was the lowest and best-evaluated bidder and was awarded the original tender at just over N$120 million after the application of a margin of preference.
They now allege that Punchu JV CSCE has failed to furnish the financial security guarantee required as a condition of the emergency award.
“This stands in direct conflict with your assertion that the hand-picked entity was the best entity in terms of both technical ability and price,” the lawyers state.
The lawyers further claim that CJIN JV Homefin has the necessary funds and expertise to provide the required security guarantee and mobilise the resources needed for the project.
They say their client is ready to “commence the works on site within 24 hours”.
The lawyers have consequently proposed that the CPBN institute an urgent self-review application to set aside the emergency award and reconsider the procurement process.
The claims contained in the letter have not been determined by the court.
CJIN JV Homefin has filed an interdict application in the High Court challenging the emergency procurement process.
The original competitive tender was cancelled on 7 September before the project was subsequently awarded through an emergency procurement process to Punchu JV CSCE for N$122,088,331.88 on the same day.
The dispute centres on whether the cancellation of the original tender and the subsequent emergency procurement complied with the Public Procurement Act.
The respondents have opposed the interdict applications and challenged the basis for the urgency and relief sought.
The High Court is expected to deliver its decision on the matter on 9 October.
The fence dispute comes as the government faces pressure to contain an outbreak that has disrupted livestock movement and trade.
Amupanda’s lawyers have also asked the agriculture ministry to quantify the economic impact of the nationwide restrictions on farmers, communal livestock owners, butchers, abattoirs, transporters, exporters and other participants in the livestock value chain.
They want to know whether the government will provide compensation, grants or other financial relief to those whose livelihoods are affected, particularly people in areas where FMD has not been detected.
The lawyers also raised concerns about the potential effects of El Niño conditions, including below-normal rainfall, reduced grazing and water shortages, which could compound the impact of the livestock restrictions.
They have asked the minister to provide regular public updates on laboratory results, outbreak maps and containment progress, as well as the epidemiological conditions that must be met before restrictions are lifted.
