Posted on 07/25/2007 2:51:52 PM PDT by Tailgunner Joe
WINDHOEK The Namibian High Court reserved judgment Wednesday in the first test to the southern African countrys land reform process brought by three German nationals who are opposing an order that their farms be expropriated to resettle landless black peasants.
Adolf Herburger, Gunter Kessl and Martin Josef Riedmaier were three of 26 farmers served with notices in May 2004 to either sell their farms to the government or face expropriation.
The case opened before a panel of two judges in the capital Windhoek on Tuesday with a lawyer for the three farmers, Adrian de Bourbon, arguing that the expropriation process was skewed, discriminatory and specifically targeted German nationals.
Out of the 26 farmers, 16 were German national.
De Bourbon also argued that the expropriation order contravened a treaty signed between Germany and Namibia in 1997 that protects German nationals investments in Namibia.
We do not challenge the right to expropriate, but the way in which it was done and that it targets German citizens, said de Bourbon. The redistribution of land in Namibia can only take place in terms of the law.
On Wednesday South African lawyer Ishmael Semenya, acting for the state, called on the court to dismiss the case, saying the arguments presented by the farmers were ill-considered.
The reason for the expropriation is that the farms belong to absentee landlords, argued Semenya. The applicants have stated in their affidavits that they come twice or three times a year to inspect their farms.
The farms came under the spotlight after a 2004 Cabinet decision to have a list of farms owned by absentee landlords expropriated as part of the countrys land reform and resettlement process.
Namibias land reform program started in 2005 with about 200 commercial farms been acquired through the willing-seller, willing-buyer process. Three farms were expropriated and their owners paid compensation.
The government has voiced concerns about the slow pace of land reform accusing the countrys more than 4,500 commercial farmers of not offering their farms for sale, raising fears of Zimbabwe-style land grabs.
Ongombo West made headlines in 2003 after a labour dispute which led to the sacking, eviction and reappointment of six workers. One of the farmworkers was accused of being negligent in caring for a gosling, which died. The six workers were evicted and camped along the roadside for several weeks. The High Court ordered that they should be reinstated, which was done. Wiese received close to N$3 million for Ongombo West, which was expropriated at the end of 2005. Since then, no production has taken place there. The former farmworkers were resettled on parts of the farm, while two new people from other areas were also allocated portions of the farm. - LINK
I though Namibia was owned by Brad Pitt now...
Who said that insanity didn’t spread? They did it in Zimbabwe, it started in South Africa, and now this country. Where next? Bad ideas do spread like disease.
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