THE number of Herero farmers from Gam illegally settled in the Nyae-Nyae Conservancy has increased from 38 to at least 300 since last year.

Despite a criminal case that was instituted against the initial 38 Gam farmers by the Ju/'hoansi traditional community, hundreds of Gam farmers continue to invade and settle in the area.

Ben Begbie-Clench, a representative of the Working Group of Indigenous Minorities in Southern Africa (WIMSA), said there were distinct parallels to a refugee influx. Although the Gam farmers were allocated land in the Gam area, they have left to settle illegally elsewhere. "They are almost like refugees now," Begbie-Clench said.

The Legal Assistance Centre, which supports the civil suit brought against the Herero farmers, confirmed last week that "over 300 Herero farmers from the Gam area are presently squatting within the communal area of the Ju/'hoansi Traditional Authority".

The LAC added that although the Namibian Constitution states "all persons shall have the right to reside and resettle in any part of Namibia", in this particular case, it is a limited right due to the legislation set down in the Traditional Authorities Act 25 of 2000 and the Communal Land Reform Act 5 of 2002.

In the case of the Nyae-Nyae Conservancy, the right to live in the area is dependent on the consent of the traditional chief, as the "supreme leader of that traditional community." The Gam farmers require direct permission from the chief to settle in the conservancy as the "chief is the only person that can allocate residential and farming units".

Moses K !Coma, a councillor in the Otjozondjupa Regional Council, said on Friday that although meetings have been held to explain the legal implications of their settlement in the area, the Gam farmers refused to leave. "They want to stay," he said.

!Coma said it was unclear why the Gam farmers wanted to settle in the Nyae-Nyae Conservancy.

"It is very difficult to understand their reason to be here," he said. He added that the Gam farmers cite the poison-leaf plant as their reason for deserting their lands, despite the well-known fact that poison leaf also grows in the conservancy.

He added that at the moment the situation is relatively calm. "Currently it is very quiet. Many of the farmers are settling in town (Tsumkwe)."

Chief Bobo, the traditional chief of the Ju/'hoansi traditional community, through a translator, Leon Tsankgao, said last week that it was not as quiet. He said at night drunken fights caused unrest among the illegal settlers and the San people, and claimed that many of the Herero men intimidated and threatened San people living close by. Cases of theft had increased due to the boom in the population, the chief said.

Although the Police last year confiscated cattle belonging to the Gam farmers, which were smuggled through the veterinary cordon fence, the chief said there were other problems too.

"There are too many dogs, donkeys and horses," he said.

He said the influx was increasing daily. "More and more are coming in now. Tsumkwe is almost full."

On the issue of the settlement of the Gam farmers in his area, Chief Bobo is clear: "They should not have moved here. They illegally broke the fence."

He also dismissed the poison leaf excuse, saying: "That is not an excuse; we have a lot of poison leaf here."

Another excuse that the chief has heard, and dismissed, is that "there is not enough grass in the Gam area."

The chief said he hoped Government would provide support to them, adding that "we will be happy if the Government puts them back in Gam."

Begbie-Clench said WIMSA was concerned about the impact on the minimal resources in the area and on the San community itself.

"The San are suffering the most from the situation. I suspect there is a loss of natural resources because of the extra people in the area. The area exists without much money and resources and the natural environment therefore holds much importance."

Another impact of the invasion arises from the traditional relationship between the San and the Gam farmers.

Begbie-Clench said that the "San can be easily coerced and undermined by others," as their natural inclination is to avoid conflict.