Tuesday 18 May 2021
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AR drags Government to court

The Affirmative Repositioning (AR) has lived up to their threat to take Government and the Ministry of Trade and Industrialization to court for failing to establish the Rent Control Board.
The movement yesterday afternoon filed papers in the High Court, Case Number: 2018/00348 to arm-twist government to implement the rent control board.
In 2016, AR threatened to take Government to court over its failure to honour an agreement signed between the two. The parties agreed, among others, that the state would put it into operation the Rent Ordinance Control Board as provided for by the Rent Ordinance Act 13 of 1977 as a matter of urgency.
This has not been honoured to date with the movement’s co-founder, Job Amupanda, saying Government officials are deliberately ignoring the proposed changes for personal gain.
Since then, nothing has been done, pushing AR to approach the courts to compel the responsible parties to live up to their promise.
During dialogues between AR and the line ministry, former trade and industrialisation minister Immanuel Ngatjizeko had requested AR to nominate members to serve on the Rent Control Board, but nothing happened after that.
This year, Amupanda again challenged the line minister to give reasons why the government was not implementing the Rent Control Ordinance of 1977 and the Estate Agents Act of 1976 which are meant to control rent levels in the country.
Amupanda, in a letter to Trade and Industrialisation minister Tjekero Tweya dated 14 May 2018, stated that government’s delays in implementing the Rent Control Ordinance of 1977 and the Estate Agents Act of 1976 had devastating consequences “on us as a renting population”.
Tweya at the time said the rent control will only be implemented after the draft rent bill is passed by parliament.
Amupanda has since stressed that the government cannot be delaying the implementation of rent control because there was a directive from the attorney general to implement the Rent Control Ordinance.
According to Amupanda’s application, the ministry’s refusal or failure to establish the Rent Control Board is unjustified and irrational.
Amupanda’s application also highlights that the ministry’s failure to appoint members of the Rent Control Board is unlawful.
According to court documents seen by this publication, the trade ministry and government are ordered to, within 10 days of the order; issue a notice in the Government Gazette establishing Rent Control Boards in Erongo, Kavango East and Oshana regions.
A further ultimatum of 10 days is extended to the Government to establish the Control Boards and to appoint members of such boards.
Any respondents who oppose the application will pay the resultant costs.
“After four years of zigzagging on Rent Control, after a plethora of letters and commitments that became unkept and empty, after it emerged clear that government has chosen the side of the landlords and rich capitalists against suffering renting youth, we have this afternoon filed papers to force government to implement.
Rent Control is now in the hands of the courts,” Amupanda yesterday.
Attempts to get hold of Tweya proved futile as he hung up when questioned whether he was in the know of the court order. An SMS sent to the minister was not answered either.
However, The Patriot has it on good authority that Tweya’s office has received the application.
The minister and the Government have 14 days to respond should they wish to oppose the application. Amupanda is represented by law firm FB Law Chambers.

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