Maria Hamutenya
Justice Orben Sibeya on today (Tuesday) ordered that President Hage Geingob answers to a lawsuit in which the Affirmative Repositioning (AR) is demanding that he meets his end of an agreement to service 200 000 plots countrywide signed in 2015.
The order came after he ruled in favour of the AR.
“The lawyers acting on behalf of the President thought that it was not necessary for the President to answer to the case at all, because in their view the manner in which the case is drafted is deficient, meaning the agreement made between the AR movement and President of The Republic of Namibia does not amount to a valid agreement,” said Kadhila Amoomo, Lawyer for AR.
According to Amoomo, President Geingob’s legal representatives argued that the President was acting in his executive capacity and could therefore not enter into a valid agreement with the AR, binding the government.
The Judge, however, dismissed the argument by the lawyers, stating that he wants to hear the President’s answers.
“The President must come to court and respond to whether he agrees with AR in terms of the agreement made in 2015,” Justice Sibeya said while dismissing the appeal with costs.
The matter was postponed to 16 March 2021 for a case management and from that date, it will be determine whether President Geingob will be required to tender his plea and answer the case.
“The President must come out himself and say the agreement he entered into with Affirmative Repositioning on that day is not binding for either legal or factual reasons ,but this answer must come before court,” Amoomo stated.
Amoomo added that the (President’s Lawyers) tried to get the case dismissed without it being heard at all, adding that the proceedings are now finalised, they have to pay the costs of the AR.
AR activist, Dhimbulukeni Nauyoma, said the agreement between AR and the President is a binding agreement and that the government have been delaying the process.
“We have entered into massive urban land servicing programme committees and they have been delaying that process deliberately,” said Nauyoma
The government in 2015 struck a deal with Affirmative Repositioning movement leader Job Amupanda to embark on a programme to service 200 000 plots of urban land countrywide.
