LOAN COURT CASE UPDATE

NATASHA VD WALT By NATASHA VD WALT 16 April 2015

LOAN COURT CASE UPDATE

1.In the High Court of Namibia in Windhoek proceedings are pending challenging sections of the Agricultural (Commercial) Land Reform Act, Act 6 of 1995, (“the Act”), regulations issued pursuant to the Act, and executive conduct based on the Act and regulations.

2.The challenge in essence relies on the contention that the legislation and executive action violate the Namibian Constitution.

3.In terms of rule 76(2) of the High Court Rules the respondents were called upon to serve on applicant a copy of the complete record of such proceedings sought to be corrected or set side together with reasons for the decision.

4.After only partial disclosure and without furnishing any reasons, applicant filed an application to compel respondents to furnish reasons, the original and complete record. This last mentioned application is opposed by the respondents.

5.This application was then set down for hearing on 8 April 2015 upon which argument was heard by both counsel for applicant and respondents.

6.After hearing argument on a point taken by the respondents in limine (that is whether the new High Court rules provide that the matter be heard in open court or before the managing judge in chambers), the matter was postponed to 5 June 2015 for a decision on this point taken by the first respondent.

7.Whatever is decided on 5 June 2015, it will be followed by a resolve on what constitutes “a complete record and reasons”, whereafter the applicant is availed the opportunity to file an amplifying affidavit having certified the record.

8.After the filing of answering affidavits by the respondents and the applicant’s replying affidavit, the main application will be set down for trial.

By Natasha