Company faces charges over farm auction

Progress Farming Co. faces possible charges for advertising the auctioning of a farm situated in the Khomas region without the Ministry of Agriculture, Fisheries, Water and Land Reform’s approval.

This follows a recent reported advertisement in South Africa of the Farm Neu Progress No. 506 owned by Progress Farming Co. Limited.

The company is a commercial agricultural enterprise and is registered in Namibia. Located near Seeis, east of Windhoek, the privately-owned company operates in the cattle farming and free-range meat production sectors.

The ministry’s records indicate that the farm is situated in registration division ‘K’, and measures approximately 6 900 hectares.

The ministry says it is concerned by statements contained in the advertisement indicating that the farm is allegedly “open to international buyers with no special government approval or waiver required”.

“Such assertions are false, misleading and inconsistent with the laws governing agricultural land transactions in Namibia. After the investigations we are going to charge them under the Namibian laws,” ministry spokesperson Romeo Muyunda said yesterday.

He said there is currently no waiver or ministerial approval issued in respect of the farm that would permit the lawful transfer of the property to a foreign national.

Muyunda said ministry records indicate that the farm has not been offered to the government of Namibia in recent years, as required by law.

“The ministry, therefore, wishes to caution all auctioneers, estate agents, brokers and intermediaries, whether operating within Namibia or outside the country, that Namibian agricultural land may not be marketed or presented as freely available to foreign buyers without complying with the provisions of Namibian law,” he added.

Compliance with Namibia’s land legislation, Muyunda said, is mandatory regardless of where the auction or transaction is conducted.

The farm was auctioned yesterday for N$80 million.

Lawyers representing Progress Farming Co. sent a letter to the ministry yesterday, stating that the media release is “factually and legally incorrect”.

“The property does not constitute agricultural land,” Nick Korb of Cronjé Inc Law Practice says.

“The farm is located on municipal land, which is explicitly excluded from the agricultural act; therefore, the farm does not require ministerial approval to be sold to foreign buyers nor does it need to be offered to the government to be sold,” he says.

Korb included documentation from the City of Windhoek dated 30 July 2021, stating that the farm is part of the Windhoek municipal local authority boundary.

Prior to the bidding, In2Assets auctioneer Andrew Miller told the online audience that Namibia is South Africa’s ally and partner on the African continent. This was the first time the auction house offered a Namibian property through its online channel.

“We do have a significant amount of interest worldwide. This is a wonderful opportunity. We’ve had interest from Australia, England, the United States, Austria and Germany,” Miller said.

Bidding started at N$40 million and the farm was eventually sold through a buyer’s agent.

“This is an established agricultural enterprise. It is available to international purchasers, no special government approval or waiver required,” Miller said.

Independent Patriots for Change agriculture shadow minister Michael Mulunga welcomes the move by the ministry, proposing that the farm should first be offered to the government for the resettlement of the |Khomanin community.

“These communities were the first inhabitants of the Khomas Hochland area and many remain without ancestral land. This farm presents such an opportunity to return the land to the original owners and to restore their dignity,” he says.

In2Assets had not responded to questions sent to them by the time of going to print.

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المصدر: The Namibian