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Namibia: Germans fight for land
25/07/2007 20:40 - (SA)
Rodrick Mukumbira
Windhoek - The Namibian High Court reserved judgment on Wednesday in the first test to the country's land reform process brought by three German nationals who are opposing an order that their farms be expropriated to resettle landless black peasants.
Adolf Herburger, Gunter Kessl and Martin Josef Riedmaier were three of 26 farmers served with notices in May 2004 to either sell their farms to the government or face expropriation.
The case opened before a panel of two judges in the capital Windhoek on Tuesday with a lawyer for the three farmers, Adrian de Bourbon, arguing that the expropriation process was "skewed," discriminatory and specifically targeted German nationals.
Out of the 26 farmers, 16 were German nationals.
'Farms belong to absentee landlords'
De Bourbon also argued that the expropriation order contravened a treaty signed between Germany and Namibia in 1997 that protects German national's investments in Namibia.
"We do not challenge the right to expropriate, but the way in which it was done and that it targets German citizens," said de Bourbon. "The redistribution of land in Namibia can only take place in terms of the law."
On Wednesday South African lawyer Ishmael Semenya, acting for the state, called on the court to dismiss the case, saying the arguments presented by the farmers were ill-considered.
"The reason for the expropriation is that the farms belong to absentee landlords," argued Semenya. "The applicants have stated in their affidavits that they come twice or three times a year to inspect their farms."
The farms came under the spotlight after a 2004 Cabinet decision to have a list of farms owned by "absentee landlords" expropriated as part of the country's land reform and resettlement process.
Namibia's land reform programme started in 2005 with about 200 commercial farms been acquired through the willing-seller, willing-buyer process. Three farms were expropriated and their owners paid compensation.
The government has voiced concerns about the slow pace of land reform accusing the country's more than 4 500 commercial farmers of not offering their farms for sale, raising fears of Zimbabwe-style land grabs.
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