CIVIL PRACTICE – SPECIAL PLEAS OF LOCUS STANDI AND NON-JOINDER

CIVIL PRACTICE – SPECIAL PLEAS OF LOCUS STANDI AND NON-JOINDER

The plaintiff instituted action against the first to tenth defendants alleging that they are unlawfully occupying the area forming part of the plaintiff’s core area which is designated for conservancy use only and that they do so without the plaintiff’s permission and the defendant prays for their eviction from that area. The defendants raised special pleas of lack of locus standi and non-joinder of parties who are necessary and who have a direct and substantial interest in the relief sought. The defendants argued that the plaintiff does not possess a title over the land which it sought to evict them; that the land is communal land in terms of section 43 (2) of the Communal Land Act 5 of 2002; and that the plaintiff is not a possessor of the land. The defendants further argued that should have joined the President/Government of Namibia, the Minister and/or Ministry of Land Reform (State) in which all communal land vests, the Zambezi Communal Land Board as well as the Minister of Tourism, as necessary and interested parties having a direct and substantial interest in respect of the relief sought.

Plaintiff argued that the plaintiff is a universitas and in terms of its constitution, it has the right to institute action against the defendants for eviction in the area allocated to it; that the parties alleged by the defendants that they must have been joined, are not necessary and do not have a direct and substantial interest in the relief sought.

NDAUENDAPO J  discusses the issue of locus standi in respect of a univesitas or voluntary associations; conservancies formed in terms of s24A of the Nature Conservation Ordinance of 1975 and Regulations p – if it possesses the characteristics of a corporation or a universitas then it can sue in its own name; vindication action in respect of communal land and interpretation of section 43 (2) in Joseph v Joseph SA 18-2020) [2020] NASC (30 July 2020)  – Whereas the Act vests the relevant Chief, Traditional Authority or Land Board with locus standi as the statutory appointed administrators of communal land to evict persons who occupy land not allocated to them, it does not mean that other possessors who have the right under common law to evict such persons are no longer vested with such a right; the test to be applied in a special plea of non-joinder; In order to determine whether those parties should be joined as necessary parties, the court must have regard to the relief sought by the plaintiff. The learned Judge dismissed the special pleas with costs.

Salambala Conservancy v Mukata NAHCMD 8 July 2022