Press Release: HAI||OM PEOPLE SEEK RIGHTS OVER THEIR ANCESTRAL LAND (LRC in Namibia)
Published by Legal Resources Centre [icon type=”icon-clock”] 26 November 2018
- whether the common law should be developed to permit this type of representative action;
- if so what should the content of the common law development be;
- do the Hai||om people have a potentially tenable claim for the return of their land, or compensation for its loss.
- The nine applicants be granted leave to represent the Hai||om people ;
- LAC be given authorization to act as the legal representatives for the Hai||om people to institute and prosecute the proposed action.
- The Court provides directions regarding the steps to be taken to give notice of the proposed action to the Hai||om people.
- The Court further provides directions as to the procedure to be followed in adding persons who are accepted as Hai||om.
- The Hai||om people as a whole did not hold land rights;
- The Hai||pm people do not qualify as indigenous people or a minority group in terms of international law;
- The Hai||om people did not own the Ethosa lands or exercise rights over the full extent of the land claimed;
- The Hai||om people were disposed of any rights they held in the subject land by the time of Namibia’s independence;
- The Namibian Constitution precludes the claims;
- The applicant’s reliance on international law is misplaced.