Hertta-Maria Amutenja
The Windhoek High Court has summoned Vice-President and President-elect Netumbo Nandi-Ndaitwah, along with former justice minister Sacky Shanghala, to testify in a constitutional case brought by activist Job Amupanda.
The case challenges the constitutionality of the veterinary cordon fence, commonly known as the Red Line.
The hearing is set to run from 20 January to 31 January.
In the summons dated 16 January, Nandi-Ndaitwah, in her capacity as former minister of international relations, is expected to address the government’s claims regarding international agreements that could be affected if the red line is removed.
Shanghala, currently in jail awaiting trial for his alleged role in the Fishrot corruption scandal, has been cited due to his previous role as head of the law reform commission.
Amupanda has committed to paying N$1 000 and N$500 to Nandi-Ndaitwah and Shanghala, respectively, for transportation costs related to the case, according to the subpoena.
It also warns the witnesses that failure to comply may result in a fine of N$4 000 or imprisonment for one year.
According to court documents, Amupanda is seeking multiple orders, including a declaration that the red line is unconstitutional and the removal of the fence within 90 days.
Amupanda is also demanding that officials be restrained from confiscating red meat intended for personal consumption, referencing a specific incident on 17 May 2021.
The Ministry of Agriculture, the Government of Namibia, the attorney general, and Hango Nambinga have appealed against earlier High Court judgements issued on 5 September 2023 and 25 October 2024, which allowed Amupanda to pursue the constitutional challenge.
In a notice filed on 15 November 2024, the appellants argued that the court erred in deeming the matter of general public importance, claiming it serves only Amupanda’s private interests.
They also criticised the court for insufficiently assessing Amupanda’s financial disclosures, despite the ruling that he would not bear legal costs if he lost the case.
The Supreme Court has yet to schedule a hearing on the appeal.
Amupanda’s challenge contends that the red line discriminates against northern residents, who are subjected to searches and restrictions not imposed on travellers heading north.
He argues that the fence is a colonial legacy that violates constitutional rights.
The red line divides communal farming areas in the north from the rest of the country to control livestock diseases, particularly foot-and-mouth disease.
Agriculture minister Calle Schlettwein has defended its necessity, citing the country’s beef export market and disease-free status.
The hearing, scheduled to begin on 20 January, follows rulings by Judge Shafimana Ueitele, including the granting of protective costs for Amupanda.
The ministry of agriculture maintains that the red line is vital for Namibia’s agricultural economy and public health.
