The High Court is set to hear an application to review the Veterans Act following an application by Willem Beukes and former members of the South West African Territorial Force (SWATF) for alleged discrimination.

A high-stakes legal battle unfolded over alleged discrimination and exclusivity in the veterans legislation.

In a significant legal development, the High Court is poised to review and potentially amend the Veterans Act 2 of 2008 and the Veterans Amendment Act 3 of 2013.

The review application, filed by Willem Beukes and the South West African Territorial Forces (SWATF) members, alleges that these Acts contain discriminatory and exclusionary provisions that have benefited some at the expense of others.

Generally, the former SWATF and Koevoet members want to be recognised as war veterans and consequently benefit from veterans' grants and status.

There have, however, been opposing views to this demand, with arguments pointing to them having fought on the side of the enemy in opposition to Namibians who fought against foreign occupation, and this is the bone of contention.

In a Notice of Motion for Review filed in May this year, Willem Beukes and former SWATF members contend that the Veterans Act and its subsequent amendment have unfairly favoured the Peoples Liberation Army of Namibia, Plan Fighters, and others who sacrificed for Namibia's independence.

The applicants argue that the legislation has excluded other veterans who also made significant sacrifices during the country's struggle for independence.

The High Court Lady Justice Claudia Claasen has in the meantime granted a postponement, rescheduling the review to November.

This follows a request by Lawyer Mekumbu Tjiteere from the law firm Dr. Weder, Kauta & Hoveka, Inc. Representing the applicants, for additional time to consult with and advise the core group of about 300 applicants regarding the documents filed and the case's overall strategy.

The respondents in this case include the government, the President, Attorney-General, Justice Minister, Speaker of the National Assembly, Office of the Judiciary, and Ombudsman, represented by Mkhululi Khupe of the Office of the Government Attorney.

With the case now rescheduled for a status hearing in November, both sides have been granted additional time to prepare their arguments and gather evidence.

This case is of significant public interest, with potential implications for veterans' rights, government policies, and legal precedents in Namibia.

 

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Daniel Nadunya