Allexer Namundjembo and Erasmus Shalihaxwe
Documents have surfaced, revealing that Judge Shafimana Ueitele, the presiding judge in the high-profile 1896 Redline Case, is among 11 individuals who were exempted from paying taxes on their farms.
Uietele, according to the documents, owns Farm 938 (Portion 1 of Wolseley), covering 1,732 hectares, and Farm 933, which covers 4,867 hectares in the Omaheke region, which is within the commercial farmland that is outside the Veterinary Cordon Fence.
According to the documents, Ueitele benefitted from a tax exemption for his two farms.
The exemptions are outlined in a government gazette issued on 6 August 2024, referencing Section 76 of the Agricultural (Commercial) Land Reform Act.
The gazette reads, “I exempt the owners of agricultural land specified in the list contained in the Schedule from paying land tax,” signed by Agriculture Minister Calle Schlettwein, the first defendant in the same case.
Currently, only white male farmers pay land tax in the country.
Women, irrespective of their race and colour, as well as previously disadvantaged men (black), are exempted from paying land tax.
The Affirmative Repositioning movement leader, Job Amupanda, who is the sole applicant in the Redline case, expressed concerns that the judge might be compromised on his social media platforms.
“This revelation is particularly alarming, as it comes just before the Redline case was set to go to trial, with Schlettwein directly involved in the legal proceedings,” Amupanda said.
Amupanda’s claims have sparked further suspicion, suggesting a potential conflict of interest involving the judge, the minister, and other powerful agricultural industry figures.
Amupanda’s legal representative initially requested the judge’s recusal at the start of the trial this year, but they later withdrew this request.
Amupanda also indicated on social media that he has submitted a complaint to the Judicial Service Commission (JSC) regarding the conduct of Judge Shafimana Ueitele. He accused the judge of mishandling the trial and issuing threats.
In the complaint he submitted to the JSC, he indicated that the judge made personal attacks on him.
“Personal attacks were unleashed, which relate to the submission of facts,” he said.
On Wednesday, Amupanda submitted a complaint to the Judiciary Service Commission to look into the conduct of Ueitele.
“I have this morning submitted a complaint to the Judicial Service Commission (JSC) on the conduct of Judge Shafimane Ueitele, who mishandled the 1896 Redline trial talking about our parents’ bedroom affairs, claiming politicians cannot be treated equally, preventing my lawyers from presenting the case while others representing the regime and farmers are allowed, ordering us to go exhume the dead and issuing threats. I will then leave the matter in the hands of the JSC!” he said.
In his complaint documents, Amupanda indicated that from the commencement of the trial, Ueitele had a negative and hostile tone towards him and his legal team.
“The commentary and decorum of the judicial officer left much to be desired on various aspects. The first alarming comment was in reference to my legal practitioner in ambiguous language,” said Amupanda.
Ueitele’s words that Amupanda is referring to are: “I know where you want to go and I am not going to fall for that. You are not prepared for the trial if you would like an opportunity to give me the authority to respond to an objection. I must have failed you as a lecturer.”
Amupanda added that these comments border on a personal attack on a legal practitioner, as they do not address any issues of legal principles, and Ueitele has brought the judiciary and its name into disrepute.
During the trials last week, Judge Ueitele apologised to Amupanda’s lawyer, Mbushandje Ntinda, for attacking his character.
“For the record, I will, as I have said and indicated to you in the chambers, take responsibility for my acts. For the record, I apologise to you and I am apologising publicly for making reference to your personal character. That I apologise unreservedly,” said Ueitele.
The Judiciary Service Commission was not reachable at the time of publishing.
