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Farm deal haunts PM

April 29, 2021, 3:00 pm
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Farm deal haunts PMFarm deal haunts PMBanker’s role labelled a ‘smokescreen’ The previous owner’s farms were paid off the same day the prime minister and her husband acquired an Agribank loan. MATHIAS HAUFIKU and JEMIMA BEUKES







WINDHOEK

Prime Minister Saara Kuugongelwa-Amadhila faces renewed scrutiny over the way she acquired a farm she eventually sold to government, with questions raised on whether she used a local businessman – who only owned the farms for nine months – as a conduit in the deal.

Government had previously declined to buy the farm, citing that it was not suitable for resettlement purposes.

A banker acquired the land from the previous owner in February 2012 and, in a matter of months, sold it to the PM – in December of the same year.

The PM then sold the farms, which cost her N$5.2 million, to government in 2020 for N$14.5 million.

Government this week admitted it still does not know what to do with the farms.

The agriculture, water and reform ministry said it is waiting on its technical team for recommendations. This while one of the farms is currently home to a group of settlers from the Hai//om San community.

Kuugongelwa-Amadhila’s farm deal has once more sparked public debate on how the wealthy and politically connected exploit the system to own multiple commercial farms at the expense of poor communities.

The Namibian reported earlier this year that an updated report on the implementation of the second national land conference’s recommendations, issued by the office of PM, indicated that the proposal to introduce a policy to prevent Namibians from owning more than one farm is unlawful and will not be implemented.

Delegates who attended the conference wanted government to introduce a one-Namibian, one-farm policy.

Smokescreen

According to documents at hand, a company called Seize the Moment Investment Fifty-Six CC, currently owned by Kuugogelwa-Amadhila and her husband Tobias Amadhila, was central to concluding the deal - which was described “usury” by an observer who briefed Namibian Sun about the transaction.

The company had three owners between 2010 and 2012.

It was first owned by Catharine Grobler when it was established on 10 February 2010, who then sold it to banker Nicolaas Grundeling on 27 July 2011.

Grundeling sold it on to the Amadhilas on 3 December 2012.

But before jumping into business with the politically exposed couple, Grundeling purchased two farms - Duwib No 1149 and Portion 1 of Farm Goab - through the company on 28 February 2012 from Karl-Heinz Friedrich for N$5.2 million. This transaction was financed by First National Bank (FNB).

He owned the company and the farms for nine months before the Amadhilas took over ownership.

They then applied for a N$12.7 million loan from Agribank, which was granted on 27 March 2013.

Interestingly enough, Grundeling’s bond for the farms was paid off the very same day the Amadhilas bagged the loan.

It is not known whether proceeds from the Agribank loan were used to settle Grundeling’s debts at FNB.

Middleman

There are claims that Grundeling has past links to the Amadhilas and that he was just used as a middleman in the transaction.

An official source privy to the deal said the previous farm owner was just a placeholder to avoid public scrutiny.

“Remember, these farms were offered to government a few years before that transaction, but government declined because they felt it was not good for resettlement purposes.

“The transaction would have raised eyebrows if the PM had bought it directly from the initial owner, especially when considering her public standing. Grundeling was just a middleman used to divert attention,” the official said.

Ghosted

According to land reform minister Calle Schlettwein, Seize the Moment Investment was sold as a going concern to the Amadhilas.

Schlettwein said no waiver was issued because, at the time of the sale, members’ interest did not require to be offered to the state to exercise its preference right. He added that the law was amended to include this requirement in 2014.

Grundeling, who worked at several of the country’s top banks, could not be located for comment. Namibian Sun contacted his brother, mother and several previous employers, but none of them could link this publication to him. Messages sent to him on Facebook yielded no response.

Farm reunion

Publicly available documents from the Deeds Office indicate that the first bond registered on the farms was on 27 March 2013 with Agribank. This was a N$12.9 million loan from the agricultural bank.

That was three months after the Amadhilas took full control of Seize the Moment Investment.

As finance minister at the time, a position she held for 12 years before being elevated to her current role, Agribank reported to Kuugongelwa-Amadhila’s ministry.

Schlettwein, the current lands minister, was her deputy at the time.

It is not known what measures she put in place to ensure that there was no undue pressure or influence on the bank’s management to approve her company’s loan application.

She also did not respond to questions sent to her earlier this week.

With the PM ignoring requests for comment, it is unclear how much the Amadhilas paid to take full ownership of the company which owned the farms.

Namibian Sun asked her, amongst other things, to disclose the value of the transaction when they bought the company from Grundeling and to respond to the alleged underhand dealings during the transaction.

To the rescue

Meanwhile, Schlettwein has gone to great lengths to defend the deal, which he signed off on behalf of government in December 2020.

He said the PM’s company did not get any preferential treatment and that the millions paid to acquire the farms was their real value.

Schlettwein highlighted that the law compels sellers to give government the first option to buy a farm, hence last year’s offer when the PM’s company offered the land to government on 17 January 2020. The offer was made two months before Schlettwein joined the land reform ministry.

Namibian Sun asked Schlettwein to provide evidence whether the farm was offered to the state by Grundeling before he sold it to the Amadhilas through his company in December 2012. This request has yet to be met.

Furthermore, two land reform officials who spoke to this publication had different views on the issue of the waiver.

One felt Grundeling needed no waiver because the farms were being sold through a company.

“If they did not need a waiver in 2012 when the farms were sold to the PM in 2012, then why is Calle saying the farms were first offered to the state if it is still in a company?” questioned another official.

Moonlighting paradox

The PM has over the years been at the forefront of urging public servants to ensure that their dealings with government is above board.

In 2015, while addressing top government officials on moonlighting civil servants, she said the practice has an adverse impact on service.

She has often targeted civil servants trousering cash from second jobs or other interests outside government which might conflict with their obligations.

“I urge offices, ministries and agencies to take this matter seriously and to use their discretion to determine whether staff members with private business interests are still productive in the public service or whether they should not pursue a business career and resign from public service,” Kuugongelwa-Amadhila said at the time.

One of the key reform proposals she pushed was the declaration of interests requirement for civil servants, which compelled government employees to seek permission to do remunerative work outside the public service.
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The farm purchase trail

April 29, 2021, 3:00 pm
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The farm purchase trailThe farm purchase trail 10 February 2010: Seize the Moment Investment Fifty-Six CC formed by Catharine Grobler

27 July 2011: Nicolaas Grundeling takes over Seize the Moment

28 February 2012: Seize the Moment buys farms Duwib and Goab for N$5.2m

3 December 2012: PM and husband take over Seize the Moment

27 March 2013: Seize the Moment gets N$12m Agribank loan

2017: Seize the Moment’s application to subdivide Duwib into three portions is declined

2017: Decline is appealed and ministry allows subdivision into two portions

20 October 2020: Seize the Moment sells Duwib No 1149 to govt for N$8.6m

9 November 2020: Seize the Moment sells Portion 1 of Farm Goab to govt for N$5.8m

17 December 2020: Portion 1 of Farm Duwib given as security for Agribank debt
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Israeli diamantaire begs for diamond deal

April 29, 2021, 3:00 pm
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Israeli diamantaire begs for diamond deal Israeli diamantaire begs for diamond deal OGONE TLHAGE



WINDHOEK

In his latest bid to convince government to renew the five-year Namdia valuation deal, Israeli diamantaire Doron Cohen says the country can save a lot of money if he is contracted.

Despite government’s insistence to cancel the controversial valuation deal between C-Sixty Investments and Namibia Desert Diamonds, Cohen continues to knock on the doors of the mines ministry.

In June 2020, he submitted an unsolicited bid to have the contract continue beyond its expiry date.

His latest attempt was on 21 January 2021 when he wrote to the ministry’s executive director, Simeon Negumbo.

In the letter, Cohen went to great lengths to market his skills and told Negumbo that the extension of C-Sixty’s agreement would guarantee cost saving for government.

Government has in the past made it clear that it has no appetite to continue with the arrangement.

“C-Sixty’s proposal for an extension of the agreement has the ultimate aim of establishing a programme that offers not only cost-effective diamond valuation and advisory services to Namdia but also the development of valuation capacity with the ministry of mines and its agencies,” Cohen said.

Saving a ‘substantial’ amount

“The proposal will save the ministry of mines and government a substantial amount of money and will also equip the ministry with valuation capabilities, effectively eliminating valuation and advisory fees upon maturity of the renewed five-year agreement,” he said.

Cohen, who describes himself as a diamond expert, said he is the exclusive distributor of all Sarine diamond products in four African countries.

He also promised to help develop the capacity within the mines ministry to operate world-class valuation services.

Namibian Sun previously reported that a fallout between C-Sixty and Cohen led to the company nearly being stripped of its lucrative multimillion-dollar contract by government, before the same agent bought out the local partners, businessmen John Walenga and Tironeen Kauluma, to secure the contract for himself.

Nuska Technologies, run by Cohen, had been accused of going behind C-Sixty’s back by approaching the mines ministry with a proposal to take over the diamond valuation contract.
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Stroebel – A powerful leader

April 29, 2021, 3:00 pm
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Stroebel – A powerful leaderStroebel – A powerful leaderManaged to move four national radio stations to new premises in two days with almost no downtime Future Media will be bringing some new products to the market to create innovation. Michelline Nawatises

Gary Stroebel was extremely privileged to be educated at Michaelhouse for high school, and at the University of the Free State for his first and second degrees. He has been in the media world since his days at university, working as a journalist, broadcaster, programmer, salesman and manager. He was privileged to be given the opportunity to lead Namibia’s biggest radio company two years ago.

He is the CEO of Future Media. Future Media is now two years old. In that time, Stroebel says they have been through a merger (between Radiowave and Plante Radio) and also the Covid-19 pandemic and lockdown.

“So this has been a wildly turbulent two years, and as result, the position has been extremely challenging. I have learned an enormous amount through this period, and have been very fortunate to have such an experienced and talented management team,” he says.

When asked about the accomplishments Stroebel mentioned that as a team they managed to move four national radio stations to new premises in two days with almost no downtime – that required a lot of planning and coordination from the technical team. They also managed to record zero downtime during their two building lockouts caused by Covid breakouts. “We had all our broadcast teams handling their shows from their houses. A very interesting time for broadcasting,” he says proudly.

During the lockdown, the team also launched NOVA 1035, as well as Future Media News – two exceptional new brands.

Short-term goals for the foundation

With their recovery from the setbacks of 2020 behind them, Future Media will be bringing some new products to the market in order to create innovation for our clients and listeners. Future Media will be launching new websites and also a new outside broadcast unit. Future Media reaches nearly 50% of all adults across their four platforms and would like to use that reach for greater community projects to uplift and assist communities in need.

Stroebel has been enormously proud of the way that their whole team has been able to adapt to extremely volatile and challenging situations over the past two years. “After 2020 it feels like they can handle anything,” he says proudly.

A day in the life of Stroebel

Stroebel is usually up at 05:00 to get prepped for the day – handle emails and plan for client and staff meetings. He tries to spend as much time with clients as he can, and will touch base with managers through the week to see where they may be having problems.

“I get home by five, and try to put an hour on the stationary bike at least three times a week,” he says. Recently he has been demolishing Chops on the squash courts as well before work. (Don’t fact-check).

Stroebel enjoys torturing himself on the golf course occasionally, and also getting out into the bush whenever he can to explore Namibia. He loves a good argument (just ask his poor management team), and he is inspired by people that break convention to achieve success.

“I enjoy the writings of Malcolm Gladwell and Bob Hoffman. I follow the Smartless podcast for entertainment, and I am also inspired by entrepreneurs who just get it done”, he adds.

His best childhood memory is living in Katima Mulilo on a farm in the late 70s with a house on the Zambezi. “An unbelievable two years of my (very) young life,” he concludes.

10 Facts about Gary Stroebel

1) Born in Zimbabwe

2) Married to a Dress Designer extraordinaire and a Pilates Superstar!

3) I love golf

4) I hate golf

5) Lived In Katima Mulilo on a farm in the 80’s. Spent a lot of time in a bombshelter.

6) I have commentated over 300 games of Super Rugby/Currie Cup/ Test matches on SA national radio.

7) I make my own gin.

8) I grew up on farms in Zimbabwe, Namibia and South Africa, and have lived in 23 different houses.

9) My Kindle is my favourite technology

10) I still don’t know what I want to be when I grow up.
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Inclusion is more important than ever

April 29, 2021, 3:00 pm
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Inclusion is more important than everInclusion is more important than ever‘Inclusion elevates all’ Herman Katjiuongua

Our sense of belonging has taken a tremendous knock since Covid-19 reared its ugly head. We have been cut off from our daily lives, our normality and from our friends, family, colleagues and school mates. Even our daily micro-interactions have been compromised. There’s been little engagement with cashiers, shop staff, or the many interactions we took for granted as participants in everyday society. Now spare a thought for people and children whose lives are already more challenging for whatever reason. Perhaps they have a hearing impairment, are physically challenged in some way, or simply struggle because they are introverts who have difficulty making friends or feel they are not embraced in the same manner by society as they believe everyone is. This means they may feel left out, not part of ‘the club’ and certainly don’t feel included.

Social inclusion or ‘inclusivity’ is something that we don’t really speak about much, but now that we have all somewhat been removed from society because of Covid-19, it has become a point of discussion and a concept to be more closely examined. Isolation is something that we have all experienced in one way or another. As Elaine Hall said, “Inclusion elevates all’. She is making a point about how society is there for everyone and if everyone is not included, we do not benefit from people’s participation in society.

If we look at school learners, we hope to see a mass of happy children, all playing, running, learning and having fun together. However… this is not how school works, and certainly not how the playground works. Kids form groups; include or exclude who they want based on any number of reasons. Just think back to your own childhood and how you managed within the school that really was nothing more than a ‘jungle’. Excluding children or people can negatively affect them in the long term.

One way in which kids bond and form friendships, create support structures and develop social skills is through games and sports. It strengthens their mental health and makes them resilient and able to absorb disappointment as well as learn teamwork. If you can be part of activities, it is a wonderfully ‘inclusive’ place to be.

However, it’s not so simple. There are a lot of children who fall by the wayside. It is important to focus on how they can become participants in everyday activities. Making the effort to include all children in the activities and making them feel welcome and a valuable member of the group, gang or team is essential. There should be no hurdle to them being included and certainly there are no excuses to not let them participate in sports, games or physical education.

The Integrated Physical Education and School Sports (IPESS) project that is being rolled out across all 14 regions by the Ministry of Education, Arts and Culture and in collaboration with the Ministry of Sport, Youth and National Service and stakeholders in education like GIZ has the promotion of ‘inclusivity’ as one of its drivers. This endeavours to have boys and girls participate in sports, games and recreational activities. There needs and will be a major focus on getting and keeping children engaged that are differently abled. Nurturing and teaching that every learner has the right and need to participate and be included

A society where we can all participate, be part of the team in whatever capacity uplifts us all as Elaine Hall stated. Sports and games can be a great unifier and are great for both the mental and physical development of children. Do not let it be an additional way of excluding children who often already feel left out. IPESS and the schools, teachers and trainers are teaching these important concepts through the IPESS programme. Life skills form the basis for well-rounded youngsters to become well-rounded and well-adjusted adults that contribute to an equitable society in Namibia.
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Consumer crippled by debt

April 29, 2021, 3:00 pm
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Consumer crippled by debtConsumer crippled by debtBanks stable, but NPLs monitored Average disposable income last year dropped by 1.7% and consumers had to spend even more of the less they had in their pockets to pay back debt. Current economic conditions played a rather large role in the ability of clients to service their debt, more so with lay-offs and retrenchments experienced. – Bank of Namibia Jo-Maré Duddy – Out of every N$100 disposable income in 2020, consumers on average could call only N$10.90 their own as they owed N$89.10 in debt to commercial banks and non-banking institutions.

The Bank of Namibia (BoN) yesterday released its Financial Stability Report, which showed average annual disposable income last year amounted to N$75 725 – N$1 310 or 1.7% less than in 2019.

Adjusted credit to disposable income in 2020 was 89.1% compared to 83.8% the previous year – by far the highest in the latest BoN figures dating back to 2016, which is based on revised data of the Namibia Statistics Agency (NSA).

Household indebtedness grew by 4.5% last year.

“The contraction in disposable income of 1.7% in 2020 outweighed the growth in disposable income of 0.5% in 2019,” the BoN said. The central bank attributed the drop in disposable income to rising unemployment and a decline in the compensation of employees due to the ongoing recession, which was exacerbated by the impact of the Covid-19 pandemic.

‘TYPE OF DEBT’

“At face value, a higher ratio of household debt to disposable income does not bode well for the stability of the financial system; however, it largely depends on the type of debt,” the BoN said.

About 69% of household debt last year was in the form of mortgage lending, while overdrafts, instalment and leasing, as well as other loans and advances collectively contributed 30.8% of household debt.

“This means that the majority of household debt is collateralised thus putting the banks in a favourable position to recover a significant amount, if not all, of the debt in the case of default,” the BoN said, adding: “In this context, an increase in household indebtedness does not pose a significant risk to financial stability.”

However, the BoN cautioned that a growth in unsecured lending “would not be a positive development for financial stability because it can have a significant negative impact should it materialise”.

NON-PERFORMING LOANS

The asset quality of commercial banks deteriorated last year and a “persistent increase” in non-performing loans (NPLs) was witnessed, the BoN said.

The banking sector’s NPL ratio rose above the new trigger ratio of 6.0% for times of crisis and reached 6.4% in 2020, a “significant escalation” from 4.8% of 2019, the central bank said.

It attributed the spike to “unfavourable economic conditions, cash flow constraints experienced by both households and businesses and the downside risk emanating from the Covid-19 pandemic, which caused business to either scale down operations or close”.

Mortgage NPLs increased by 24.2% year-on-year (y/y), while overdraft NPLs jumped by 59.7%. NPLs in the category for personal loans, as well as other loans and advances skyrocketed by 76% and 60.8% respectively.

According to the BoN, mortgage loans contributed significantly to the growth in the NPL ratio during the period under review. “However, this is expected given that mortgage loans make up 52.3% of the total loan book of banks,” it added.

“Current economic conditions played a rather large role in the ability of clients to service their debt, more so with lay-offs and retrenchments experienced,” the BoN said.

WRITE-OFFS, PROFITS

In line with the deterioration in asset quality, the write-offs in relation to profits increased last year. In 2019, commercial banks had to write off 2.47% of their profits. Last year, the figure was 11.09%.

“The increase in the write-off to profits ratio reflects the recessionary economic conditions triggered by Covid-19 and is expected to improve once the economy recovers during the course of 2021 and 2022,” the BoN said.

The banking sector’s after-tax profits fell by 33.4% or some N$900 million y/y to N$1.8 billion in 2020.

Despite the challenges, the banking sector last year continued to be financially stable, sound, profitable and well capitalised while maintaining liquidity levels well above the prudential requirement, the BoN said.

“The banking institutions displayed a healthy aggregate balance sheet growth, profitability and satisfactory liquidity levels given the impact of the Covid-19 pandemic.”

‘SOUND, RESILIENT’

Equally, Namibia’s financial system remained sound, profitable and resilient, the central bank said.

Going forward, risks to the Namibian financial system require continuous monitoring, the BoN said.

“Specifically, the significant increase in the NPL ratio in the banking sector will be monitored closely. The deterioration in banking sector asset quality has surpassed the crisis time supervisory intervention trigger point; as such it poses a risk to financial stability and needs to be monitored.

“Proactive regulation and supervision can therefore mitigate potential systemic risks. Risks to financial stability in Namibia will be monitored accordingly under the advisory guidance of the Financial System Stability Committee and direction of the Macroprudential Oversight Committee,” the BoN said.
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Nerongo applauds underdog teams

May 2, 2021, 3:00 pm
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Nerongo applauds underdog teamsNerongo applauds underdog teams Limba Mupetami



WINDHOEK

Netball Namibia (NN) secretary-general Imelda Nerongo said the inaugural MTC Namibia Netball Premier League (NNPL) season kicked off on a high note and that they are impressed with the underdog teams’ performances.

She said they are deemed underdogs as they have not been exposed to competition outside their region, using Dola Stars as an example.

“Though their results don’t reflect their competitiveness, their overall performance was good. This is a village team who to date only knew the dusty surface of netball from Divayi villlage.

“Another is team United 12, they also clinched one win from the weekend games. They made a surprise entry into the league, considering their region has been inactive for over 10 years,” she said.

“So, on a positive note, NN is very happy to know that the level of competition in the country will be improved widely with the introduction of this league.”

Bigger and better

The league was officially launched last week, with 12 teams drawn from 14 regions participating.

Regions will be divided into four zones, with the winners being promoted to the NNPL.

Overall, MTC has committed N$4.2 million for the next three years and the funds will be used to pay clubs a subsidy of N$60 000 to buy gear and remunerate umpires and match officials as well as other logistics.

The teams participating in this year’s league are: Youngsters Netball Club from the Omusati Region; Dola Stars from Kavango East; Eleven Arrows from Erongo; Golden Girls from Omaheke; Grootfontein Netball Club from Otjozondjupa; Mighty Gunners from Otjozondjupa; Namibia Correctional Services Netball Club from Khomas; Namibia National Navy Netball Club from Erongo; Tigers Netball Club from Khomas; Rebels Netball Club from Omusati; Rundu Chiefs Netball Club from Kavango East, and United 12 Netball Club from //Karas.

The teams are playing for the top prize of N$40 000, a trophy and medals. The runners-up will get N$35 000, while the third-placed team will walk away with N$25 000.

Four teams will be relegated to their respective regional leagues, while a promotional tournament will be held every October.



- Additional information from Nampa
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Interest grows in Nyambe’s ‘free’ project

May 2, 2021, 3:00 pm
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Interest grows in Nyambe’s ‘free’ projectInterest grows in Nyambe’s ‘free’ projectBringing skills home Young aspiring footballers will have the opportunity to be coached by professional footballer Ryan Nyambe in collaboration with former footballer Collin Benjamin and Ronald Ketjijere in the next week, with interest already coming through from Namibians. Limba Mupetami







WINDHOEK

Defender Ryan Nyambe, who plies his trade for English second division side Blackburn Rovers, is extending his skills beyond the football pitch as he has his eyes set on grooming the next generation of football stars in the country.

He was part of Namibia’s 2019 Africa Cup of Nations team and has made seven appearances for the Brave Warriors.

Nyambe will host coaching clinics from 15 May at the Namibia Football Association’s (NFA) Technical Centre as he embarks on opening a football academy for boys and girls as young as six.

The coaching clinics start with a 12:00 session for 90 minutes for children aged between six and eight.

The 14:00 session will also run for 90 minutes and will look at players aged nine to 10.

On 18 May, the 12:00 session will run for two hours, drawing in players aged 13 to 15.

On 22 May, the 12:00 session will run for 90 minutes for those aged six to eight.

The 14:00 session will also run for 90 minutes for athletes between nine and 12.

The last session will take place on 25 May for those aged 13 to 15. This will be a 12:00 session with a duration of two hours.

Bettering skills

The Katima Mulilo-born professional footballer said he wants to help his community and pass on the knowledge he has acquired to Namibian children.

“I’ve learnt and I’m still learning in my career, but I want to help boost football in Namibia,” he said.

On former footballer Collin Benjamin and Ronald Ketjijere’s involvement, he said:

“This is really massive for me to have these guys around with me. Their pedigree says it all and together we can do better by combining our knowledge. Our country needs us and whatever small we do will go a long way in giving these youngsters a dream and motivation to go further.”

Former captain and coach of the Warriors Benjamin said Nyambe has plans pertaining to youth development and with these training sessions, he wants to test the waters.

“You know I’m huge on the development of young players and talent so it was just natural that we collaborate on that,” he added.

Parents take interest

A parent of an aspiring footballer, Tino Neib, said Nyambe’s skills will go a long way in bettering local football.

“I will enrol my son and see how it goes. He is showing great footballing skills and I want him to get better,” he said.

For more information on the coaching clinics, visit nyambefootballacademy.com.
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On German-Namibian negotiations

May 2, 2021, 3:00 pm
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On German-Namibian negotiationsOn German-Namibian negotiations PART TWO

In her parliamentary statement on the German-Namibian genocide negotiations, Saara Kuugongelwa-Amadhila tells us that the Namibian position in the negotiations with German officials is that Germany “should render an unconditional apology and pay reparations”.

But how can this be possible when it is also stated that Namibia is negotiating for “alternative terms” to reparations?

What will Germany apologise for having done wrong to the Nama and Ovaherero people? Will Germany be required to apologise for having inflicted wounds on the Nama and Ovaherero that need to be healed and that cannot be considered to be genocide?

How can Germany render an unconditional apology, delivered at the so-called highest level to the Namibian government and people, in particular the affected communities, when government itself pursues divide-and-conquer policies in dealing with members of the affected communities, and when many of them are excluded from participation and having any input in the negotiations?

How should Germany acknowledge to have committed genocide in Namibia during the period 1904-1907 when government negotiators are willing to agree with their German counterparts that the issue under negotiation is not genocide and reparations but reconciliation and reconstruction for development projects?

Again, these questions refer to the unresolved issues that indicate that Namibian officials are contradicting themselves and don’t know how to competently conduct the genocide and reparations negotiations with their German counterparts.

So-called milestones

After five years of negotiations, Kuukongelwa-Amadhila – under so-called milestones - merely refers to the government's plans for achieving agreements in the next rounds of negotiations in the future, which means in the remaining three to four years of Hage Geingob’s second term as president of the country.

It is not surprising that the Swapo negotiators failed to engage to achieve meaningful agreements with representatives of the German government and obtain positive outcomes on the genocide and reparations issue.

For those of us who conduct ongoing research on the German position on genocide and reparations in Namibia for the Nama and Ovaherero people, there is nothing new about the positions of the two governments on this matter.

The German leaders, like their ambassadors Christian Matthias Schlaga, Egon Konchanke and Ruprecht Polenz, have already made public their position while these negotiations have been in progress.

Before the negotiations began, other German leaders have also made similar public statements. As such, those German perspectives should not be some of the issues Kuukongelwa-Amadhila informs us about - unless there is a specific reason for telling us that the German negotiators deliberately repeated those issues over a five-year period as a filibustering tactic to stall the negotiations.

Bordering on racism

Over the last 30 years, several leaders, activists, analysts, and writers from our communities have criticised the series of questionable statements German leaders in Namibia have made in public on genocide and reparations.

These statements have essentially included belligerent, insensitive, and often disrespectful and paternalistic public claims that border on racism to members of the affected communities.

Some of the comments and claims have included the following: There will be no German reparations and the admission of genocide has no legal consequences; Germany did not commit genocide against the Ovaherero and Nama people but only committed colonial atrocities; the Nama and Ovaherero should not claim that Germany committed genocide against them because, unlike the case of the Jewish people, only a few of them were killed by Germany; the German genocide was justified because the government acted in self-defence; the people of Namibia and their government officials and German officials should find together a common language that avoids the use of the terms genocide and reparations; and members of the affected communities do not deserve to be involved in negotiations because such deliberations only take place between sovereign states who have legal status under international law.

Put together, many of these public statements have reflected a Neo-Nazi type of denial.

However, few of the Swapo leaders who are involved in the negotiations, including Dr Zed Ngavirue, have consistently taken a strong position by reacting and informing their German counterparts to refrain from making such outrageous and insensitive public comments while the so-called confidential negotiations between the two governments were in progress.

Ambivalence and contradictions

The ambivalence, contradictions, and vacillations of Swapo leaders and negotiators concerning the genocide and reparations are also reflected in the Kuukongelwa-Amadhila parliamentary statement. Over the last three decades, Swapo leaders like Geingob have reflected these contradictions and vacillations in the way that they have poorly handled the genocide, reparations and other related issues.

This has also emboldened the German leaders in their resolve to manipulate and insult members of the affected communities and the Namibian government officials themselves who are involved in the negotiations on this issue.

One of Geingob’s main contradictions involves the way he justifies his ill-informed view that a national identity overrides or is more important than what he calls the tribal identity. Geingob does not understand that how he and his party have handled the issue enhances tribal and not a national identity. This approach does not positively contribute to the development of national identity among minority groups.

For example, a case in point is how Geingob refuses to attend Damara festivals at Okombahe, claiming that they are tribal. Then, he finds ways to justify attending similar festivals in the northern regions of the country because he claims that festivals in those areas promote a national identity.

Geingob doesn't realise that these contradictory political tactics are counter-productive and that he will never effectively promote a national identity with such approaches.

At times, Geingob and his colleagues have seemed to talk boldly against the German officials on this issue of genocide and reparations. However, for the most part, they have capitulated and gone along with the German demands and policies to exclude members of the affected communities, including those living in the diaspora, from participation in the negotiations.

Denial

Further, over the last three decades, some Swapo leaders themselves have also made public denials of the genocide. Some have done this through their unsubstantiated claim that the German colonial government did not only commit genocide against the Ovaherero and Nama people, but against all Namibian citizens, and, therefore, reparations are supposedly a national issue.

The German leaders have gone along with this false claim because it enables both governments to divide and conquer Namibian ethnic groups. However, despite this approach, the German leaders know quite well which groups its colonial government did and did not target during the war.

I am also referring to how the German government officials tried to play games and repeatedly made claims about the so-called economic inability of Germany to pay reparations to the Jewish victims of Nazi Germany at the 1952 Wassenaar, Holland, reparations negotiations with the leaders of Israel and the Jewish Claims Conference.

The Kuukongelwa-Amadhila parliamentary statement reveals that since World War I, the tactics and manipulative methods of the German officials have not changed in any significant ways.

The statement also reveals that the Swapo negotiators are not familiar with the German history of genocide and reparations negotiations. This is the reason why they are unable to competently deal with and bring to an end the German approach of playing with words and engaging in manipulative manoeuvres without agreeing to anything in over five years.

Drawing on precedent

If the Swapo negotiators were familiar with the history, they would have drawn heavily on the precedent of the leaders of Israel and the Jewish Claims Conference under the leadership of their able leader Dr Nahum Goldmann.

Unlike Swapo leaders, the Jewish leaders went prepared to the reparations negotiations with their German counterparts, knowing that the key to making progress and achieving agreements centered around four main areas, namely: 1) Unity among the Jewish leaders of the claims conference and the state of Israel to negotiate together as a unified unit, regardless of the difficulties encountered in the negotiations; 2) Securing a commitment and sense of sincerity on the part of the Germany leader to pay reparations; 3) Demanding huge sums of money that are commensurate with the Jewish human and property loss involved; and 4) the adoption and application of strategies to ensure serious reparations negotiations.

In particular, the last point was important to the Jewish negotiators, and they ensured that the German negotiators did not deviate from the task at hand in the meetings so that they could drive the negotiations in the direction of endless game playing around terminologies and economic bargaining.

Part one of this opinion piece was published on 31 March.



Dr Freddy Omo Kustaa is a retired professor, historian and political scientist living in St Paul, Minnesota, USA. His areas of study and research are comparative history and politics of the United States and southern Africa, with a specific emphasis on the colonial history of South Africa and Namibia.
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AaNamibia ye vulithe po 20 000 ya tuntilwa omolwa ocorona

May 2, 2021, 3:00 pm
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AaNamibia ye vulithe po 20 000 ya tuntilwa omolwa ocoronaAaNamibia ye vulithe po 20 000 ya tuntilwa omolwa ocoronaEtuntilo ndika olyoshali Ominista yuundjolowele oya kolele kutya aakwashigwana ya thika po 20 315 oya tuntilwa onga omukalo gwokukeelela nokuhwepopaleka ombuto yoCovid-19. NAMPA







OVENDUKA

Minista Kalumbi Shangula okwa popi ngaaka pethimbo lyomutumba 27 gwokugandja omauyelele kombinga yoCovid-19, ngoka gwa ningwa mEtine lyoshiwike sha piti.

Shangula okwa popi kutya okwa totwa po omandiki ga thika po 383 ga nuninwa okutuntilila aantu, moaa omandiki 181 taga kalelele omanga 154 taga endaenda nomahala geli 48 ogo pakathimbo.

“Otashi sitha omukumo sho AaNamibia oyendji taya yi ya ka tuntile. eyamukulo tali zi moshigwana otali etitha omukumo na otatu pula AaNamibia oyendji opo yaka tuntilwe,” Shangula a popi.

Shangula okwa popi kutya kape na ngoka taka shunithwako nokutindilwa ontuntila molwaashoka ke na uukwashigwana ngaashi sha lopotwa nokunyenyetwa kaakwashigwana yamwe mboka kaaye na aniwa omauthemba.

Minista okwa popi kutya mboka kaye na uukwashigwana otaya vulu okukalelwapo kwaamboka ye na uukwashigwana, nomikanda dhilwe ngaashi omakalata goshipangelo, uukalata wokuhogolola, oombaapila dhoongeleka nomikanda dhokuhinga otadhi vulu dhilongithwe.

“Oshigwana nashi tseyithilwe kutya ontuntila oya nuninwa AaNamibia ayehe oshali. Otatu tsikile nokugandja uuyelele mbuka onga oshitopolwa shetu shelongo lyoshigwana nomahwahwameko kombinga yotuntila yoCovid-19.”

Minista okwa popi kutya oshi li woo oshinakugwanithwa shAaNamibia ya kwashilipaleke kutya okwa yandwa omataandelitho gombuto ndjoka omape noshigwana oshiigamena nokulandula omilandu adhihe dhekandeko neigameno okuza kombuto ndjoka.

Namibia monena oku na iipotha yoCovid-19 yi li 1 619, moka aantu yeli 180 ye li miipangelo, 42 oyeli kointensive care units, omanga aantu yeli 638 kwa lopotwa ya hulitha.
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Higher allocations needed for agri, land reform

May 2, 2021, 3:00 pm
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Higher allocations needed for agri, land reform Higher allocations needed for agri, land reform ELLANIE SMIT



WINDHOEK

For the agricultural sector to play its role in ensuring food security and reigniting economic growth, budgetary allocations need to be improved.

This according to agriculture and land reform minister Calle Schlettwein when he was motivating his N$1.255 billion budget for the 2021/2022 financial year in the National Assembly.

About 31% of the budget allocated to agriculture and land reform will go towards development projects, while the rest will be used for the ministry’s operations.

Schlettwein said agriculture remains a strategic sector as it supports the livelihoods of 70% of the population and employs 167 242 individuals, or 15.3% of the Namibian workforce. This is according to the 2018 Namibia Labour Force survey.

Private investment

Schlettwein said public and private investment in the agriculture sector has been declining over the past 10 years.

“The decline in financial appropriations continues in the 2021/2022 financial year, posing significant challenges to the ministry’s ability to bring the agricultural sector to its full potential.”

He said while land remains crucial as a means of production, there is a need to address equity in terms of land ownership by accelerating land reform programmes which are currently being impinged upon by lack of funding.

Schlettwein said he was aware of the very tight economic situation the country finds itself in.

He added that for the sector to reach its full potential, the limited public investment needs to be augmented by private-sector investment.

Allocations

He said N$96.2 million will be allocated to the livestock production programme, which is aimed at improving animal health countrywide, including the northern communal areas.

Furthermore, more than N$143 million will be allocated for crop and horticulture production, which is inclusive of N$53 million to the Namibia Agricultural Mechanisation and Seed Improvement Project (NAMSIP).

N$19 million will be allocated to agricultural infrastructure development.

Under land reform, N$119.7 million will be allocated for land acquisition for resettlement purposes and the rehabilitation of farm infrastructure on resettlement farms.

It will also include the development of land in communal areas through programmes to integrate communities into the mainstream economy and the provision of secure tenure in informal settlements through the implementation of flexible land tenure systems.

“The agricultural sector is recovering from the most severe drought in recent times, we have had a Foot-and-Mouth Disease (FMD) outbreak and we still battle a locust infestation.”

For the sector to reach its full potential, it needs additional resources and investments, better service provision to farmers, and better markets for its produce, he said.
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Tourism industry urged to get vaccinated

May 2, 2021, 3:00 pm
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Tourism industry urged to get vaccinatedTourism industry urged to get vaccinatedSector hardest hit due to travel restrictions Although vaccination is voluntary, the ministry is encouraging all tourism employees to play their part and get the jab. ELLANIE SMIT







WINDHOEK

The tourism ministry has encouraged staff in the tourism sector to get vaccinated against Covid-19.

The virus has already caused the loss of hundreds of lives in Namibia and over three million globally, the ministry’s executive director, Teofilus Nghitila, said.

“It has affected the economies of all countries and tourism has been the hardest hit, mainly due to the restrictions imposed on travel.”

Nghitila said Namibia has been able to acquire two types of vaccines against the virus.

“I have taken my first dose of the vaccine and expect to take my second dose on 4 May.”

He said although vaccination is voluntary, the ministry is encouraging all tourism employees to play their part and get vaccinated.

“It is the view of the ministry that people working in the tourism sector are frontline workers and at high risk of exposure to the virus through their continued engagement with a wide range of clients from all over the world.

“We must also be cognisant that tourism is a highly competitive sector and, as such, there is a need to assure our source markets that Namibia is a tourist destination that has put in place safety measures against the pandemic.”

Safety first

Nghitila stressed that safety is now of paramount importance to travellers.

“If we are to revive the sector, which has seen massive job losses, closure of businesses and a loss of income, we need to be decisive in our actions and send out a firm message that we are ready to play our part.”

He, therefore, urged all tourism employers to ensure that their workers are vaccinated for their safety, for business sustainability and to create a positive image to visitors.
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N$2.9m for 250 sanitation facilities

May 2, 2021, 3:00 pm
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N$2.9m for 250 sanitation facilities N$2.9m for 250 sanitation facilities ELLANIE SMIT



WINDHOEK

An amount of about N$2.9 million has been allocated to construct at least 250 sanitation facilities in rural areas countrywide.

Agriculture and water minister Calle Schlettwein said this when motivating the budget allocation for the water sector last week.

An amount of N$465.26 million has been allocated to the sector.

He said the allocation is to improve water supply security and bulk supply infrastructure and the sanitation policy and programme.

The amount allocated is split into 44% that is earmarked for capital projects, while 66% is intended for operational expenditures.

Schlettwein said an amount of N$186.5 million is allocated towards addressing water infrastructure development, maintenance and rehabilitation of infrastructure countrywide and an amount of N$50 million for the Rural Water Supply Programme is allocated for the construction of rural secondary pipelines.

Water is life

He added the ministry has also secured funding from the African Development Bank to the tune of N$1.8 billion, which will address bulk and rural water supply needs in the country.

According to him, N$2.906 million will be allocated towards sanitation coordination.

He said 2016 statistics indicated that 46% of Namibians - 17% rural and 70% urban - are served with appropriate sanitation facilities.

Schlettwein said the ministry is also cognisant of the importance of water for economic and social development.

“It is in this respect that we are putting in place programmes to improve water supply security by ensuring a coordinated planning and implementation programme of the rural and bulk water supply infrastructure and the sanitation programmes.”
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TransNamib needs to double its locomotives

May 2, 2021, 3:00 pm
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TransNamib needs to double its locomotivesTransNamib needs to double its locomotivesLooks to move 3.1m tonnes per year by 2023 According to TransNamib, its key customers have expressed keen interest in moving bulk volumes through rail. ELLANIE SMIT







WINDHOEK

TransNamib will need to double the number of locomotives it has at the moment to meet its integrated strategic business plan (ISBP) goal of moving 3.1 million tonnes per year by 2023.

It currently has 43 locomotives and will need 86 locomotives by 2023.

This is according to the CEO of TransNamib, Johnny Smith, who made a presentation at a stakeholder engagement that followed the company’s annual general meeting on 30 March.

Smith said the company is strategically positioned to carry bulk cargo, as one full train is equivalent to 30 trucks on the road.

He further described TransNamib’s strategy in terms of focusing on station-to-station service as active and continuous engagement with clients.

Block trains

Smith also gave an overview of the company’s block trains strategy.

“This essentially means there is a total of two locomotives and at least 20 wagons carrying a certain product. The current block trains focus on fuel, copper, concentrate, coal, manganese and acid.

“The benefits of block trains are that there is only one stop to refuel and it increases the efficiency of the operations.”

Smith said the company’s focus on improving corporate governance and hosting its first AGM in six years in 2020 has gone a long way in improving the company’s public perception.

Good books

He said one of the major milestones was receiving an unqualified audit in the 2018/2019 financial year - the first time in almost a decade.

“The growth in TransNamib’s revenue, freight volumes and property portfolio are evidence that the company is indeed progressing forward.”

According to TransNamib, its key customers have expressed keen interest in moving bulk volumes through rail, citing the benefits of moving the majority of freight in this manner, which would include long-term financial sustainability for the rail operator and the industry, generating income to fund new projects and reviving other routes as well as boosting infrastructure and winning local and international investors’ confidence.
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Keetmans municipal CEO sent on forced leave

May 2, 2021, 3:00 pm
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Keetmans municipal CEO sent on forced leaveKeetmans municipal CEO sent on forced leave Elizabeth Joseph



KEETMANSHOOP

The Keetmanshoop municipality has placed its CEO Desmond Basson on administrative leave pending an investigation into allegations of maladministration.

Reginald Brandt has been appointed as acting CEO.

Basson has been placed on three-month administrative leave to allow an unbridled and clean investigation into several corruption allegations.

According to a source, various payments were made without the knowledge and consent of the previous council and this prompted further investigation.

The municipality has since released a resolution after a council meeting was held on 23 April.

"The CEO Desmond Basson has been put on administrative leave from 3 May for three months to allow for further investigation into the Maximum Profit Namibia matter,” the press statement read, adding that the council would appoint an independent consultant to investigate matter

Meanwhile, human resources senior executive Elvis Mukaya has been appointed as Brandt’s alternative.

LPM official and Keetmanshoop management committee chairperson, Easter Isaaks, added that if they verify the facts, they will act on the case and lay appropriate charges on Basson.

The past lingers

Less than a year ago, Basson was close to being let go due to similar allegations - some being signing a service agreement with VAT returns reconciliation specialists, MaxProf (Pty) Ltd, without council endorsement, which cost the council approximately N$1.5 million.

In 2020, he stood accused of having single-handedly awarded a debt collection tender to Redforce Debt Management in 2017. The town council claimed this was also done without approval.

According to paperwork provided by the municipality's finance department, he further transferred several plots to Duma Tau Property Developers in 2018 without ministerial approval.

Between the 2015 and 2019 financial years, the council accumulated a deficit of about N$37.1 million. Furthermore, overtime expenditures reached more than N$300 000 towards the end of February 2020.

Efforts to reach Basson for commentary proved futile.
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1.7m hectares still needed for land reform target

May 2, 2021, 3:00 pm
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1.7m hectares still needed for land reform target1.7m hectares still needed for land reform target ELLANIE SMIT



WINDHOEK

A total of 1.7 million hectares is yet to be acquired to meet the set target of five million hectares under the Land Reform Programme.

However, the price at which agricultural land is offered to government in relation to the appropriated budget for land acquisition remains a challenge.

A total of 556 farms - at an overall cost of about N$2.23 billion - were acquired through the Land Reform Programme since its inception in 1990.

The collective size of these farms is more than 3.36 million hectares.

This is according to a technical paper handed in by land reform minister Calle Schlettwein last week when he motivated the ministry’s budget.

According to the report, in response to skewed land distribution and ownership patterns, government in 1990 initiated the Land Reform Programme to ensure an equitable distribution of and access to land.

It also aimed at promoting sustainable economic growth and lowering inequalities and reducing poverty by acquiring five million hectares of agricultural commercial land available to the previously disadvantaged landless Namibians within the provisions of the Agricultural (Commercial) Land Reform Act as amended.

Communal land rights

Meanwhile, under the Communal Land Development Programme, 7 538 communal land rights have been registered during the 2020/2021 financial year, of which 7 347 are customary land rights, 84 leaseholds and 27 occupational land rights.

According to the report, the actual number of land rights registered now stands at 136 626. Further, 8 263 communal land right certificates have been issued during the reporting period, which brings the total issued to 127 592.

For the 2021/2022 financial year, the programme plans to register a target of 10 000 communal land rights.

The agriculture, water and land reform ministry’s total budget is N$1.721 billion for the 2021/2022 financial year. Of this total, N$1.255 billion is allocated to agriculture and land reform, while N$465.262 million is allocated to the water sector.
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Walvis port not for sale

May 2, 2021, 3:00 pm
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Walvis port not for saleWalvis port not for saleItula raises ‘grave concern’ Namport is not aware of a decision or process to sell off the Port of Walvis Bay to any investors, the authority said. OTIS FINCK







WALVIS BAY

The ownership of the Namibian Ports Authority (Namport) and the Port of Walvis Bay is vested solely in the Namibian government, and Namport’s management is not aware of any decision or process to sell off the port to any investors, CEO Andrew Kanime says.

He was responding to communication circulating on social media suggesting that the port is up for sale.

Independent Patriots for Change (IPC) president Dr Panduleni Itula raised what he termed “a grave concern” for the alleged sale with President Hage Geingob in a letter dated 20 April.

Itula said the IPC - with its overwhelming mandate in Walvis Bay and the Erongo Region - would not watch the devastating destruction of resources and assets by unpatriotic corrupt individuals whose only interest is their own bellies.

“It goes beyond reason that anyone could even contemplate selling our economic hub which generates some N$1 billion to our national coffers,” he said.

Itula also called on Geingob to address the conduct of the minister of international relations and cooperation, Netumbo Nandi-Ndaitwa, in relation to a visit to the United Arab Emirates where the deal was allegedly struck.



No relationship

Kanime urged Namport employees not to panic but to rather direct their efforts towards realising the strategic imperatives of governance, performance and sustainability at the authority.

He also emphasised that here is no relationship whatsoever between Namport and global trade enabler DP World.

“Whatever you’ve read or seen in the media we’ve also seen,” he said.

DP World’s flagship development, Jebel Ali Port, is the largest container port between Rotterdam and Singapore and the 11th largest container port in the world, with an annual capacity of 19.3 million TEU.

The company, with a network of more than 150 operations in 46 countries, signed a Memorandum of Understanding (MoU) with Namibia’s Nara Namib Free Economic Industrial Zone in 2019 to develop a free economic zone for industry and logistics in Walvis Bay to support the growth of Namibia as a regional hub for southern Africa.

Concession

Kanime explained that it is a worldwide trend generally to concession container terminals and added that it has been historically proven that where terminals are being run through a concession, there might be benefits that derive from such operations.

“This does not necessarily mean privatising the offshore container terminal facility. We are referring to a public-private partnership [PPP]. Privatisation means 100% ownership of an asset by the private sector. We are, however, looking at a smart partnership between the public and private sector.”

“If and when we get there, we will definitely provide correct information,” he added.

Kanime assured that whatever arrangements are reached will accommodate the best interest of Namport and Namibia as a nation.

“We will not compromise and definitely want a win-win arrangement,” he said.
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EDITORIAL

May 2, 2021, 3:00 pm
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EDITORIALEDITORIAL Protect legacy media at all costs

“A politician calling for support for free media might sound like a turkey advocating for Christmas,” quipped Britain’s former foreign minister Jeremy Hunt in 2019.

He was referring to the oversight of the press on governments and holding politicians accountable for the manner in which they run their country’s affairs.

Today is World Press Freedom Day and Windhoek is the host of the global event, birthed from a Unesco seminar held in the Namibian capital in 1991.

Freedom of the press is not only a democratic principle whose existence solely hinges on how regimes run countries. One of the topics discussed on Friday at the ongoing conference was media viability.

Experts, including Reporters Without Borders - which is a leading research body for free press, admitted that journalism faces a crisis as a business model.

Yet the theme of this year’s event, ‘Information as a Public Good’, speaks to how information allows us to know not only our rights but also our responsibilities and prerogatives.

Threats to the existence of the traditional legacy media, mostly by the surge in social media platforms which seldom take responsibility of what’s published on their platforms, poses a serious danger to democracy and distorts free speech.

It is thus critical that efforts are made to save the legacy media from fading away like a spent rose. Otherwise news events will it be left to bloggers and others to ‘report’ and contextualise.
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Utoni observing NHE situation

May 2, 2021, 3:00 pm
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Utoni observing NHE situationUtoni observing NHE situationFour managers suspended NHE managers have found fault with the entity’s lack of financial reports as well as the fact that it had recently been made to pay a fine by the Financial Intelligence Centre. OGONE TLHAGE







WINDHOEK

Urban and rural development minister Erastus Utoni says he’s paying attention to what is happening at the National Housing Enterprise (NHE).

Managers at the entity recently questioned its state of affairs and asked for the board’s removal and that of its CEO, Gisbertus Mukulu.

In a letter to the board and Utoni, the managers found fault with the lack of financial reports as well as the fact that NHE had recently been made to pay a fine by the Financial Intelligence Centre (FIC).

“I am concerned about many things, not just one thing. The issue, we are dealing with it. I met with the board, I met with the aggrieved people at the NHE. My counterpart, public enterprises minister Leon Jooste, met with the board and the aggrieved people as well.

“We will come up with a committee that will assess,” Utoni said about the concerns.

Managers suspended

Meanwhile, Jooste had recently said board chairperson Sam Shivute’s contract would not be renewed.

Utoni added that while he did not know when exactly the board’s contracts would end, he said their time was running out.

The minister, however, did not want to comment on Shivute’s chairmanship of the NHE.

Following the grievances raised, four managers have been suspended.

They include company secretary Ntelamo Ntelamo, finance manager Beverly Vugs, information technology manager Chris Baisako and communications manager Eric Libongani.

The four are among those who recently requested the Utoni to investigate the state of governance of the NHE.

“You are hereby suspended with immediate effect and with remuneration, pending the outcome of the investigation currently ongoing and possible disciplinary action, which may be resultant from the outcome of the investigation,” their suspension letters read.
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Teek fails in compensation bid

May 2, 2021, 3:00 pm
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Teek fails in compensation bidTeek fails in compensation bid Marc Springer



WINDHOEK

Nearly 11 years after he was acquitted on charges of abducting and raping two minor girls, former Supreme Court judge Pio Teek has finally failed in his bid to obtain compensation for alleged malicious prosecution and defamation.

The decisive defeat results from a judgment delivered in the Supreme Court on Friday in which judges Jeremiah Shongwe, Ernest Sakala and Moses Chinhengo dismissed an appeal Teek had filed against a previous ruling made by judge Herman Oosthuizen in March 2018.

In that judgment, Ooshuizen concluded that Teek had no basis for a lawsuit in which he was claiming N$6.87 million in damages from the justice minister and the Ombudsman for their alleged failure to assist him in trying to sue three foreign judges who set aside his acquittal on child molestation charges.

The protracted litigation has a long history dating back to January 2005 when Teek was first charged with kidnapping and sexually assaulting two underage girls.

These charges, on which Teek was eventually acquitted in December 2010, stemmed from allegations that on the evening of 28 January 2005, he abducted the minors - then nine and 10 years old respectively - from Katutura and brought them to his house in Brakwater outside Windhoek, where he allegedly compelled them to consume alcohol and sexually molested them.

His initial compensation claim emanated from two judgments delivered in the Supreme Court on 21 July 2008 and 28 April 2009.

Not guilty - again

In the first of those, judges Piet Streicher, Kenneth Muthiyane und Fritz Brand granted an appeal by the State against a previous acquittal of Teek. In the second ruling, the same judges set the acquittal aside completely and referred the matter back to the High Court, where Teek was eventually found not guilty again on 16 December 2010.

Teek took exception to those judgments, arguing they neglected to consider facts in his favour and created the impression that he was guilty.

As a result, he sued for damages and requested the registrar of the High Court to have his summons served on the three judges in South Africa. When that didn´t happen and judge Nicholas Ndau dismissed his claim for damages, Teek sued the justice minister and Ombudsman, arguing they hadn‘t done enough to assist him to have the summons served on the three judges, and were therefore liable for the damages he had originally claimed from the previous defendants.

That claim was dismissed by judge Oosthuizen, who concluded that the local High Court did not have jurisdiction over the three foreign judges, as they were not present in Namibia when Teek sued them and he didn‘t show that they were domiciled in Namibia, possessed Namibian citizenship or had property in the country.

In their ruling on Friday, the judges agreed echoed Oosthuizen’s sentiments.

As a result, there was no need to deal with the merits of the case which stood to be dismissed on the point of jurisdiction alone. The verdict being handed down ends Teek‘s quest for compensation and brings to a close one of the longest litigations in Namibian legal history.
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