By: Justicia Shipena
The National Ownership Association will today take to the streets to protest what they describe as “unlawful home repossession by commercial banks and lawyers in Namibia”.
The Association claims commercial banks and attorneys in Namibia have been swindling individuals and breaching citizens’ rights.
According to August Maletzky, the Founding Director of the Association, banks in Namibia are unlawfully and unconscionably repossessing houses.
Maletzky stated that commercial banks offer home loans to people, but at the slightest breach of the mortgage bond, they seek repossession of the homes, which, he says, violates constitutional rights.
Deputy Sheriff of Windhoek, Manfred Hennis, is quoted in the media as stating that on a weekly basis about 10 houses are listed for attachment, of which between one and three are sold.
“They don’t negotiate and they don’t tolerate any common sense and logical arrangements made by the defaulters to save their houses. We are sick and tired of being humiliated by these banks and their lawyers,” Maletzky said.
According to him, the elderly are being evicted from homes where they have resided for decades or were owned by their parents.
“They are thrown into the vehicles of the Deputy Sheriffs and the Messengers of Court when our children and neighbours stand by and idly watching without being able to do anything.”
Maletzky stated they can no longer endure it and that it is becoming worse by the day.
He stated that they will protest in peace to bring the banks and lawyers to order, and that they do not intend to be violent.
He said the demonstration would present petitions to the President and the heads of banks, demanding the establishment of a legislative commission of inquiry in regards to the confiscation of houses in violation of Article 78.
“If a wrong was done in violation of article 78, then that wrong must be redeemed by a way of reparation paid to all those who lost their homes as result of the violation of their constitutional rights.”
Maletzky said the wrong was done when the registrars of the court, who are administrative officials in breach of Article 78, took it upon themselves to make default rulings in favour of these banks and unfairly benefit these banks as a result of those judgements.
“The victims of those default judgements cry out for justice. We want reparations. We want restitution. We want an independent commission of inquiry to investigate the wrong that has been done since independence.”
Maletzky said the Association also wants any current judicial auctions to be halted immediately until the commission of inquiry has completed its legal duty in terms of its findings.
Meanwhile, the Bankers Association of Namibia (BAN) has stated that it does not purport to represent any other institution or person that is not its member, but it also emphasises that BAN respects and acknowledged people’s rights to peacefully assemble within the framework of the law, as well as each person’s constitutional right to freedom of expression and association.
In a statement this week, the CEO of BAN, Brian Katjaerua said the charges of house repossessions and other alleged exploitation of Namibians by banks are regrettable and lack any truth.
“BAN would like to advise customers who may have grievances against their banks to approach their commercial bank to resolve the dispute and if that does not yield results, approach the Bank of Namibia to assist with the resolution of the dispute with a particular commercial bank or approach courts as a measure of last resort.”
