Ruling on application to suspend Valuation Court sessions coming

09 Sep 2013 09:00
WINDHOEK, 09 SEP (NAMPA) – A ruling in the urgent application by a group of local commercial farmers who want the sittings of the Land Valuation Court suspended, will be made public in the High Court here on Wednesday.
In the urgent application for the suspension of the sittings of the Valuation Court, the Kambazembi Guest Farm CC- a close group of local commercial farmers in the Waterberg area of the Otjozondjupa Region (applicants) - is suing the Ministries of Lands and Resettlement; Agriculture, Water and Forestry; Finance, as well as the Attorney-General and the chairperson of the Land Reform Advisory Commission of Namibia (respondents).
The applicants are asking the High Court to declare the sitting of the Valuation Court, which was set to begin on 30 August and end on 13 September this year, null and void.
As an alternative, the applicants asked the High Court to suspend the proceedings of the Valuation Court until such a time that the constitutional challenge, which was lodged by the above-mentioned group of commercial farmers on 22 August this year, has been heard and decided upon.
On Monday, High Court Judge Elton Hoff said shortly after he had listened to submissions by the legal representatives of the applicants and counter- arguments by the legal representatives of the respondents that he will make his ruling known on Wednesday this week at about 09h00.
During the hearing, lawyer Joachim Rust, Senior Counsel (SC) Pieter Henning and Advocates Reinhardt Tötemeyer and Raymond Heathcote, who represented the applicants, said the sittings of the Valuation Court are illegal and cannot be allowed to continue in their current form.
The applicants’ legal representatives further argued that the Valuation Court was not properly-constituted, is not a court at all, and that their clients cannot be subjected to appear before illegal court proceedings.
“Why does the Government want to proceed with this unconstitutional and illegal process of the sitting of the Valuation Court?” the applicants' lawyers wanted to know.
Meanwhile, Gerhardus Boonzaier, who is representing the respondents in the matter, asked the High Court to dismiss the urgent application with costs against the applicants.
Boonzaier is appearing for the respondents on the instructions of the Office of the Government Attorneys.
He was assisted by Government Attorney Mika Asino.