Legal Assistance Centre-Namibia
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CASES - LITIGATION

LEAD staff provides the following services:

  • Advice on Housing Rights and Eviction Matters
  • Advice on Inheritance Rights and Wills
  • The writing and reviewing of Conservancy and Community Based Organisation Constitutions and Joint Adventure Agreements
  • Legal representation of clients in court

Examples of Cases:

Inheritance Rights
A LEAD project lawyer defended a woman’s land right case in which our client lived with a man since 1993 as a result of a customary union. Our client was then involved in a car accident and admitted to the hospital’s ICU for three months where after the motor vehicle accident fund paid her N$230,000.

She used the money to pay off the house which they jointly inhabited with the husband. She settled all the debts of the husband, from personal loans to legal matters. She bought an Isuzu bakkie which was driven by the husband. In less than four days the balance on the account was than N$1000.00. During December 2004 the husband overturned with the car and died on the spot and the vehicle was written off. After the burial, one of the sons of the deceased was then appointed as executor and at a family meeting it was decided that our client should retain the house since it’s the only asset in the estate. This was based on the fact our client made substantial payments to the joint estate and that she suffered damages as a result of the car accident.

A second woman then came out after his death and claimed she was married to the deceased in 1980. At that time, the second woman was appointed as executor and then issued summons for the eviction of our client. At the same time, the second woman used the letter of executorship to transfer the house to her. LEAD is now defending the first woman and have filed the necessary papers.

Property Grabbing
Since 2004, our clients operated a mine at Hentiesbay known as Cape Cross Salt. After the employers abandoned the mine, our clients were left with a huge debt and the community settled the outstanding amount.

Continuing to mine, our clients were approached by a group of men, and asked how they could help our clients better mine sale. At that time, a front-end loader was promised. A day thereafter our clients were approached and asked to sign a delivery form for the front-end loader and informed that the loader was somewhere between Karibib and Usakos. After signing, two day passed and no tractor arrived and the two gentlemen were not reachable.

Our clients then approached someone who is proficient in English who read the delivery note. Unbeknownst to them, the clients signed a transfer of 96 per cent of the shares to the said gentlemen. Our clients were then informed that the "new owners" would start mining the site.

The gates were then locked and our clients were locked out. A purported agreement drafted on Ministry of Mines and Energy was denied by the Ministry. It ordered the operation to desist from any further activities at the mine. In the meantime, some of the equipment at the mine was sold off. Our clients’ fear that everything will be sold and that reports to the police proved futile.

We are preparing an urgent application in the matter.

Children's Rights & Inheritance
Our client’s mother passed away in 2003. At a family meeting the uncle was requested to take over the house of the children until they financial stable to pay NHE. He also received monthly payments on behalf of two of the children from GIPF while both children were not residing with him.

The children now want their house back. The issue is that he does not want to give it back, he claims that the children have to pay him back certain amounts. LEAD is arguing that his wife and children were living in the house so the amounts paid by him to NHE is actually occupational rent. He now locked the house and closed the water and left for Rundu. The house is registered in his name. LEAD has talked to the uncle's lawyer and instructed the man to open the house and water. An outcome is pending.

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