12 Apr 2017 16:20pm
WINDHOEK, 12 APR (NAMPA) - The High Court on Wednesday ordered 15 people who last month illegally set up shacks in the 7de Laan informal settlement in Windhoek, to vacate the area by 28 April 2017.
High Court Judge Shafimana Ueitele on Wednesday gave the ruling in respect of an urgent application brought by the group before court following the demolition of some of their shacks by City Police officers last month.
The court dismissed the group's urgent application after the aggrieved people could not provide the court with valid proof that they had been living in the area for the past three years before the City Police demolished their shacks on 28 and 29 March 2017.
On 31 March 2017, the Affirmative Repositioning (AR) movement representing the group said in papers presented before court that the demolition of several homes in 7de Laan was unlawful.
During the hearing, the AR leadership said City Police officers did not have an eviction order from the courts.
A few days before the AR brought this case before the High Court, the court granted an interim order that no further evictions and demolition of shacks should take place until the case had been heard and that the confiscated property of the evicted people be returned to them.
City Police spokesperson, Cillie Auala was quoted in local daily New Era as saying City Police officials did not need a court order to evict residents who were found erecting shacks illegally on municipal land.
It should be clear that we did not demolish shacks where people were residing in the area in question; we demolished shacks that were in the process of being erected, Auala said.
She added that if members of the public are found erecting and occupying land illegally, those structures would be taken down without any court order.
Lawyers Kadhila Amoomo and Henry Homateni Shimutwikeni defended the evicted shack dwellers.
Slysken Makando, Boris Isaacks and Thabang Phatela represented the City Police.