The owners of shacks that were demolished in 7de Laan, Otjomuise on March 28 by police officials from the City of Windhoek have approached the Supreme Court to reverse the order made by the High Court that they vacate the land.
On April 12, Judge Shafimana Ueitele ruled against the 15 people whose homes were demolished by city officials and ordered them to vacate the municipal land by no later than April 28.
“No doubt that we as a country are facing extremely serious problems relating to poverty, unemployment and more importantly housing. But these intolerable living conditions cannot be a licence to impel people to resort to land grabbing,” said the judge at the time.
But through their attorney Kadhila Amoomo the residents yesterday filed a notice of appeal with the Supreme Court against the whole judgement.
The residents are seeking a review and setting aside of the decision by the city to evict residents on March 28 without a court order. The affidavit further states the city should restore their homes that were demolished on that date.
The residents with assistance from the Affirmative Repositioning movement took the City of Windhoek to court in March, stating that it was not within the city’s legal means to evict the residents without a court order.
Residents were ordered to provide proof they have been residing at the location peacefully and undisturbed for more than three years as they claimed, which they failed to do. The court then ruled that they vacate the land.
However, with the appeal the judgement and orders that were made have now been temporarily placed on hold until the Supreme Court makes a ruling on the matter.