KADA Demands its share in Mushimba Deal

By Risco Lumamezi

The Katima Alliance Development Association (KADA) is demanding commission for the sale of 500 houses to Katima residents in the locations of Benjamin Bebi, Greenwell Matongo and Nambweza.

KADA’s Executive Lord Chairman, Mr. Benson Kaapala disclosed to Caprivi Vision that Katima Civic Housing Project was launched in 1998 with partners such as the Ministry of Regional and Local Government and Housing, Katima Mulilo Town Council and Real Estates Agents. Participating financial institutions in the project included SWABOU, City Savings and Investments Bank (now defunct), Bank Windhoek and First National Bank. In 1999 the construction was tendered to Vantage Enterprise.

According to Mr. Kaapala, KADA’s interest in this case is to ensure that justice is done“KADA wants to see justice done and the rule of law (applied) to all partners in the project including agents who passed the (Estate Agents) course” he said adding, “The case never had an opportunity to be in court. We want KADA to mobilise the money for the case.”

Mr. Kaapala and others sold houses on behalf of Katima Civic Housing CC owned by Mr. Aaron Mushimba, brother in- law of the founding father of the Nation. Dr Sam Nujoma, who was at the time Chairman of City Savings and Investment Bank.

He said Mr. Mushimba’s company partnered with the Katima Mulilo Town Council who allocated it land on which to build the houses but as per report submitted to the Minister of Regional and Local Government and Housing, Dr Nicky Iyambo (Now Minister of Veterans Affairs) who approved the Council’s project, this deal was not honoured by Mr. Mushimba’s company, Katima Civic Housing.

“I want KADA to claim the right of retention for all those houses,” demanded an angry Mr. Kaapala who was one of the two Estate Agents who were trained and passed the Estate Agents examinations. The other person was Mr. Francis Kalumba. But the two were never registered with the body of Estates Agents in Windhoek so that they could practice their profession.

According to Mr. Kaapala, the suggestion to train Estates Agents to sale the houses built was introduced by the Katima Council and Katima Civic Housing CC as partners in the housing project and in accordance with the Legislation of Estate Agents, Act 112 of 1976 but both partners did not respect the Local Authority Act No 23 of 1992.

In terms of Sub Section 19 of the Local Authority Act, “No contract entered into or other Act done by a Local Authority Council or any member therefore, shall be invalid merely by reason of contravention of or failure to comply with any provision of section 1 or 2, but any such contract or Act may on application by the Local Authority concerned, be declared invalid by any competent Court on any account of any such contravention of failure.”

In its resolution paper of August 2001, the Katima Mulilo Town Council says, “The Council was approached by Mr. Rynard Mudge to come together and create a long term housing project later known as an Investment Project for the future. The Council was requested by Mr. Mudge to work together as partners in the whole process.”

In a report on Katima Civil Housing Agents, former Chairperson of the Management Committee of the Katima Mulilo Town Council Mr. Michael Munyaza said. “Later the Council was shocked to learn that the Ministry had to cancel the new agreement it entered into with Mr. Mudge. Letters were written to the Ministry but no direction was given. The Council remained in darkness.”

The former Council made efforts and resolutions were draw that the project should employ local people young local people for training as housing agents for marketing purpose. These agents were to be given incetives and paid commission for their work done for the project and examinations were to be conducted by Mr.Mudge as a Director of Katima Civic Housing who would provide the trainee agents with the marketing knowledge and skills, the report reads further.

Asked why it was so difficult for partners to compromise, Mr. Kaapala said the agreement that was cancelled between the Local Government Ministry and Katima Civic Housing CC also affected the agreement between Estate Agents and company in the process.

Mr. Kaapala insists that he and Mr. Kalumba as the two agents who sold the houses should be compensated. “Those Agents sold houses for which they did not get any commission according to the agreement. What is the meaning of partnership, is it not 50/50 share? They were all pushed out, Council is now benefiting from basic municipal bills.

However, a letter dated 28 November 2001 addressed to Mr. Kaapala and signed by Minister Iyambo narrates, “I have received your letter faxed to me on 19 November 2001 and I can understand your frustration.

However, the Ministry cannot be held liable for the verbal agreement you had with Mr. Mudge. You obviously feel strongly about your case and therefore I would advise that you seek a legal opinion.” Efforts to hear from Aaron Mushimba and Rynard Mudge provide futile.

KADA is registered as an Association with the Electoral Commission of Namibia in terms of Section 42 of the Electoral Act of 1992 (Act No.24 of 1992) Government Gazette No. 3014. It was established on 8 July 2003.

Shortly after its launch in 2004 KADA participated in the Local Authority Elections of 2004 and scored 354 votes with no seat. The Republican Party got one seat with 364 votes, the Congress of Democrats (CoD) 700 votes (1) seat while SWAPO obtained 3,000 votes for 5 seats.

Mr. Kaapala served as a SWAPO Activist before Independence and became one of the founders of the CoD in the Caprivi Region in 1999 as its Regional Secretary and later Regional Chairman until April 2004 when he founded KADA.

KADA says its mission is to strive for good governance, transparency, accountability, the rule of law, development, human rights, civic education, ant- corruption, advocacy and conflict resolution in the Caprivi Region. KADA is claiming the rights of the Caprivi African National Union as per CANU/SWAPO merger of 1964.