A book that sheds light on the decades-long struggle of the Hai||om people, who were forcibly evicted from Etosha National Park in 1954 by the South African-controlled South West African Administration, has been launched.
The Beggars of Our Own Land is authored by Dr. Willem Odendaal.
The book delves into the historical and legal journey that culminated in the Tsumib vs. Government of the Republic of Namibia case, filed in 2015.
At the heart of the Tsumib case lies a critical legal question: how can the Hai||om people claim compensation for the loss of their ancestral lands through the Namibian courts?
Odendaal unpacked the socio-legal complexities surrounding the case, providing a thorough examination of how it emerged in the post-independence Namibian constitutional discourse.
"The powers of this South African administration cited that it's better for people not to be seen in national conservation areas; people that come want to see animals and not see people, especially not those who look like savages and who sing at night and keep the tourists awake, so a plan was made to rid what is today known as Etosha National Park of all its people. There was very little concern, very little negotiation for a few government letters to get rid of these people."
Through Beggars of Our Own Land, Odendaal also stated the shortcomings in the country's land reform programme to address historical land dispossessions.
He emphasises the importance of Hai||om identity in strengthening their legal case and underscores the restrictive nature of Namibia's legal framework, which ultimately denied the Hai||om people their constitutional right to be heard.
"That really created a dilemma for the applicants, and as a result, they had to come up with something that they've seen abroad in international law and see if international law can work in terms of class actions, representative actions, and variation of the class of action. Namibia doesn't have to take class actions and representation actions for the simple reason that the rights to go to court must be direct and substantial."
Jan Tsumib and his family were among the members of the Hai||om community who were relocated from Etosha Park.
They lived in Etosha 51 years ago.
The book launch revived the ongoing debate surrounding ancestral land rights in Namibia, as discussions persisted among students and other interested parties.