A controversial 99-year farm lease agreement between the government and a Russian billionaire's company will remain in place after the Windhoek High Court dismissed a legal challenge brought by the Popular Democratic Movement.

The case centred on three commercial farms in the Dordabis area, |Khomas Region, which were originally purchased by Russian businessman Rashid Sardarov through his company, Comsar Properties SA, in 2018 and 2019.

Sardarov later donated the land to the government on the condition that it be leased back to his company for 99 years.

In the ruling, delivered by Judge Orben Sibeya, the court found that the agreement did not violate Namibia's laws, including the Agricultural Land Reform Act.

The judge stated that once the land was donated, it became state-owned, giving the government legal authority to lease it to whomever it chose.

The lease, signed by the government, allows Comsar to use the farms for tourism and game ranching purposes, with a requirement to invest in infrastructure such as lodges.

The company pays N$235,000 annually in lease fees.

The PDM argued that the deal was unlawful and went against Namibia's land reform goals, particularly the aim to redistribute land to disadvantaged citizens.

Party president McHenry Venaani claimed the lease denied landless Namibians the opportunity to benefit from state-owned land and accused the government of lacking transparency, as the lease was never tabled in Parliament.

The court, however, rejected these claims, stating that parliamentary approval was not required in this instance and that there was no breach of legal or constitutional procedures.

Comsar Properties retains legal control of the farms until the year 2119, unless a new legal or political challenge changes the situation.

 

-

Category

Author
Emil Seibeb