The National Ownership Association (NAOA) has raised alarm over the repossession of more than 14,985 houses in Namibia between 21 March 1990 and 16 April 2014, saying this has negatively impacted citizens who lost their primary residences.
This revelation has prompted the NAOA to call for the establishment of an independent commission of inquiry into property deprivation, with a particular focus on house repossessions and allegations of judicial malpractices.
August Maletzky, the Chairperson of NAOA, revealed that the Association organised a nationwide march last week, drawing around 17,000 participants.
During the march, a petition was delivered to key institutions including the National Assembly, the Supreme Court of Namibia, and the Bank of Namibia.
The petition aims to address what NAOA terms as a pressing issue of property repossessions and alleged constitutional violations.
“This petition aims to address the pressing issue of Property repossessions, from 21 March 1990 to 16 April 2014, by way of default judgments issued by Clerks of court and the Registrar of the High Court in violation of Article 78 of the Namibian Constitution,” said Maletzky.
He said the petition highlights the long-standing concerns regarding house repossessions via default judgements, which have adversely affected numerous citizens who lost their primary residences.
Maletzky emphasised that their objective is to expose these injustices and work towards comprehensive solutions.
The NAOA’s demands include the establishment of an Independent Commission of Inquiry: “Parliament will be tasked with setting up an Independent Commission to investigate the scale of the problem, identify involved parties, and make recommendations for compensation and corrective actions.”
In terms of compensation for affected homeowners, the commission will assess cases of those who have lost their homes and savings due to improper default judgments, determining the scale of the problem and devising a fair compensation mechanism.
Furthermore, “prevention of bias in judicial processes to ensure the integrity of the judiciary, lawyers will be prohibited from serving on any board of directors, preventing potential conflicts of interest and ensuring unbiased judgment in legal proceedings”.
The NAOA called for a temporary moratorium to be placed on all judicial auctions of primary houses until the commission completes its investigation, safeguarding homeowners from further losses during the inquiry period.
Similarly, the immediate cessation of funnelling funds, development aid, or any other funds meant for public assistance through commercial banks.
“Criminal proceedings will be initiated against banks that have unlawfully debited defaulting mortgage bond holders’ accounts with untaxed legal fees and added interests in contravention of relevant statutes,” the petition reads.
The petition further calls for the removal and replacement of the Governor of the Bank of Namibia Johannes !Gawaxab, along with all deputies, for alleged “gross failure to execute their statutory and common law obligations towards the general public”.
Meanwhile, to achieve these objectives it is necessary for the parliament to, “pass legislation to create the Independent Commission of Inquiry, comprising reputable legal experts, independent investigators, representatives of consumer protection organisations, church leaders, and justice activists.”
The mandate of the commission will be to request data from relevant authorities, banks, and affected homeowners to assess the extent of the problem and identify root causes.
Other demands include public hearings and testimonies, recommendations and compensation, legal reforms and a nationwide referendum or parliamentary motion.
“A nationwide referendum will be held, or a parliamentary motion will be presented to decide on the amendment of Article 78 of the Constitution to establish Namibia’s apex court in Constitutional matters,” NAOA says.
This comes as the Minister of Justice Yvonne Dausab said the repealed High Court and Magistrate Legislative Bill will be tabled by the end of the year.
The Bill seeks to protect clients who default on their home loans and face bank repossession.
The amendments are being finalised pending the Attorney General’s approval and inputs from the Bank of Namibia.
Dausab said the proposed amendments to the regulations intend to introduce additional safeguards, to allow beleaguered individuals to have room to make comfortable repayment conditions.
Current judicial oversight under Rule 108 of the High Court and Magistrate Acts, gives the court’s power to grant an order of execution without really looking at other options.
Hence, the proposed Bill will certainly restore the dignity of homeowners, who default or fail to meet their mortgage payments, thus risking losing their houses due to relaxed conditions.
