Sloppy work by Ministry of Lands costs the State

THE Ministry of Lands has been lambasted by Minister of Justice Pendukeni Iivula-Ithana for unnecessarily causing land reform matters to end up in court.

“Because of the Ministry’s frequent failure to adhere to the strict time limits and procedures stipulated, many property owners have been able to compel the Minister to issue waiver certificates through the courts,” Iivula-Ithana said in parts of a budget motivation speech she did not get to deliver to the National Assembly as planned on Wednesday. The Directorate of Legal Advice is currently handling a number of land reform and redistribution cases, several of which have come about because of the Ministry of Lands’ failure to comply with the procedures and time limits for expropriation as prescribed by law.Because the Ministry of Lands has not been following procedures for the issuing of waiver certificates in cases where an owner wants to sell land to a third party – and in which Government has expressed no interest – many land owners have resorted to the courts to compel the Minister of Lands to issue these certificates.The Directorate of Legal Advice is also currently faced with defending the reasons provided by the Minister for wanting to expropriate agricultural land of three German absentee landlords – Gunter Kessel, Martin Josef Reidmaier and Heimaterde CC – in the High Court.Iivula-Ithana says independent counsel have been appointed to defend the cases and preparations for trial are at an advanced stage.”These cases represent the first real legal test of the expropriation framework set up in terms of the Agricultural (Commercial) Land Reform Act.As such the judgement of the Court will go a long way to either vindicate the process or give guidance as to the correct approach to be followed in the realisation of the land redistribution process, which is a matter of immense public interest,” Iivula-Ithana had wanted to tell the National Assembly.She was cut short after an hour because of time constraints in concluding the business of the House.Iivula-Ithana says she expects that whatever the outcome of these expropriation cases in the High Court, the losing party would appeal to the Supreme Court.This, of course, would delay expropriation.Iivula-Ithana believes that the costs involved in instructing legal counsel to protect the public interest in agricultural land reform are well justified.The Legal Advice directorate is also faced with other land reform cases in which property owners are not resisting the expropriation decision, but are challenging the amount Government is offering in compensation for the land.The Legal Advice directorate is also handling compensation disputes filed with the Lands Tribunal.In the last year, Government has paid out N$1,7 million in legal costs alone to defend cases against it.”In the public interest, the directorate ensures that only deserving matters are determined through the courts.Whenever justified on fact and law or the potential benefits of going to trial are outweighed by the potential losses financial or otherwise, the directorate attempts to settle matters on behalf of Government,” Iivula-Ithana noted in her speech.The Justice Minister maintains that many cases brought against Government could have been eliminated if Government officials were properly trained to understand the legal framework within which they operated.The Directorate has published a booklet for accounting officers setting out guidelines in respect of recovery of losses and damages sustained by Government departments.Workshops targeting in particular the Ministry of Home Affairs and the Namibian Police will be held to discuss topics and issues that commonly give rise to court proceedings against Government.The Directorate of Legal Advice is currently handling a number of land reform and redistribution cases, several of which have come about because of the Ministry of Lands’ failure to comply with the procedures and time limits for expropriation as prescribed by law.Because the Ministry of Lands has not been following procedures for the issuing of waiver certificates in cases where an owner wants to sell land to a third party – and in which Government has expressed no interest – many land owners have resorted to the courts to compel the Minister of Lands to issue these certificates.The Directorate of Legal Advice is also currently faced with defending the reasons provided by the Minister for wanting to expropriate agricultural land of three German absentee landlords – Gunter Kessel, Martin Josef Reidmaier and Heimaterde CC – in the High Court. Iivula-Ithana says independent counsel have been appointed to defend the cases and preparations for trial are at an advanced stage.”These cases represent the first real legal test of the expropriation framework set up in terms of the Agricultural (Commercial) Land Reform Act.As such the judgement of the Court will go a long way to either vindicate the process or give guidance as to the correct approach to be followed in the realisation of the land redistribution process, which is a matter of immense public interest,” Iivula-Ithana had wanted to tell the National Assembly.She was cut short after an hour because of time constraints in concluding the business of the House.Iivula-Ithana says she expects that whatever the outcome of these expropriation cases in the High Court, the losing party would appeal to the Supreme Court.This, of course, would delay expropriation.Iivula-Ithana believes that the costs involved in instructing legal counsel to protect the public interest in agricultural land reform are well justified.The Legal Advice directorate is also faced with other land reform cases in which property owners are not resisting the expropriation decision, but are challenging the amount Government is offering in compensation for the land.The Legal Advice directorate is also handling compensation disputes filed with the Lands Tribunal.In the last year, Government has paid out N$1,7 million in legal costs alone to defend cases against it.”In the public interest, the directorate ensures that only deserving matters are determined through the courts.Whenever justified on fact and law or the potential benefits of going to trial are outweighed by the potential losses financial or otherwise, the directorate attempts to settle matters on behalf of Government,” Iivula-Ithana noted in her speech.The Justice Minister maintains that many cases brought against Government could have been eliminated if Government officials were properly trained to understand the legal framework within which they operated.The Directorate has published a booklet for accounting officers setting out guidelines in respect of recovery of losses and damages sustained by Government departments.Workshops targeting in particular the Ministry of Home Affairs and the Namibian Police will be held to discuss topics and issues that commonly give rise to court proceedings against Government.