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The family is demanding N$3.7 million for the piece of land but only received an offer of about N$10 000 for the plot.
Zaaruka lodged an urgent application interdicting Lukas Johannes from the occupation of Erf 6315 in Ongwediva's Extension 13, on which the businessman wants to extend his shopping mall.
The land in question measures about two hectares and forms part of the mahangu field of Johannes and his family of 30.
Zaaruka claimed he had signed pre-contracts with various international companies to lease phase two of Oshana Mall by August this year.
He also confirmed retrenching about 150 workers this week because of the stalled construction.
Documents seen by Namibian Sun show that the council offered Zaaruka's company, Stantoll Properties, the land for a purchase price of nearly N$1.4 million in September 2010. Johannes yesterday claimed his family was never compensated for the land and questioned how the town council managed to sell it to Zaaruka without their consent.
He further claimed that the council had offered him a measly N$10 500 for the land. “The question we keep asking the council is how they managed to sell our land to Zaaruka.
They never compensated us. We are not against development but things must be done the right way.
“We have been asking for answers and they keep telling us they will get back to us but they never do that,” Johannes said.
Oshana governor Clemens Kashuupulwa has also been drawn into the dispute, with Ongwediva mayor Angelina Angula requesting a meeting with him over the matter in a letter dated 1 March 2018.
“A deadlock has been reached between the council and the land occupants and as such, no consensus could be reached in order for council to acquire land for the urgent and much needed development,” Angula wrote to Kashuupulwa.
Yesterday workers retrenched by Zaaruka also petitioned the Oshana governor, demanding his intervention in the matter to save their jobs.
The petition was delivered to the governor before the urgent application was lodged.
Kashuupulwa expressed disappointment with Zaaruka's conduct when he learned about the court case.
“It was just yesterday [Monday] when he [Zaaruka] came to my office informing about the issue wanting my office to intervene and yet he goes to the courts.
“What am I supposed to do now? Because if something is before the court we let the rule of law take effect,” Kashuupulwa said.
Ongwediva spokesperson Jackson Muma said he was unaware of the court case, stressing that negotiations were continuing with the affected family.
“We are still negotiating with the family on compensation,” Muma said.
A council report dated 1 March shows fruitless meetings have been held with the family since 2016.
“The council is disturbed by the reluctance of the occupants to make way for development, given all the efforts to provide explanations of the importance of the development,” the report read.
KENYA KAMBOWE