More than a year after being gazetted by former president Hage Geingob, a law aimed at protecting homeowners from bank repossession remains stalled due to procedural and staffing delays.
This comes as the Magistrates' Court Amendment Act 2023 and High Court Amendment Act 2024 face delays due to ongoing consultation.
The delay was confirmed by Office of the Judiciary spokesperson Vikitoria Hango on Wednesday, with no set date for when the law would become operational.
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"In particular, the High Court rules are in the process of being finalised. While the judge president has completed the initial drafting, the rules must also undergo consultation with the legislative drafters, whose input is essential to ensure legal coherence and alignment with the broader legislative framework," she said.
Hango said these consultations are underway.
She said the office recognises the significance of the recently enacted legislation and "is committed to ensuring its effective and timely implementation".
Several foundational steps are still underway to administer the act in a lawful manner, Hango said.
These include the drafting and formalisation of procedural rules, the recruitment and training of additional judicial officers and administrative support staff, and the strengthening of infrastructure to support the expanded jurisdiction and anticipated increase in workload.
Hango said the office is actively engaging with all relevant stakeholders to expedite these processes.
"As custodians of the justice system, we are mindful that premature implementation of the act - without the necessary procedural, human, and structural support - may undermine rather than advance its intended objectives," she said.
Once the law is operational, it will protect homeowners against bank repossessions due to the non-payment of loans.
The old Magistrates' Courts Act has been in place since 1944.
The new law imposes restrictions on the auctioning off of immovable property, specifically the homes of individuals facing loan defaults.
Over 14 985 houses were repossessed in Namibia between 21 March 1990 and 16 April 2014, according to the National Ownership Association.
30 WINDHOEK HOMES AT RISK
Windhoek currently has about 30 houses up for auction, according to an auction notice by the deputy sheriff.
The majority of these are from Wanaheda, Rocky Crest, Goreangab, Khomasdal, Otjomuise and Okuryangava, while Hochland Park, Suiderhof, Pionierspark and Klein Windhoek are also included.
Prime minister Elijah Ngurare recently opened up about contemplating suicide, primarily driven by financial distress and nearly losing his house due to repossession.
"Between 2015 and 2019, I was in serious financial stress. The house and car were on the verge of being repossessed. The thought crossed my mind to take my life," he said.
Former minister of justice Yvonne Dausab in 2023 submitted a discussion paper to the parliament, asking for leniency in regulations so that borrowers do not lose their homes.
The amendment law broadens the definition of 'primary home', granting authority to the Rules Board for regulations related to property sales, expanding magistrate courts' jurisdiction, imposing limitations on property execution sales, and addressing associated matters.
The act now defines 'primary home' as one's main residence - regardless of occasional stays elsewhere or other property ownership.
Section 25 of the act is amended to regulate execution against a judgement of a debtor's primary home, outlining conditions for sale based on market value and setting a reserve price.
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The act further establishes rules for selling immovable property under court judgement, requiring court approval based on criteria like insufficient movable assets of the debtor or declaration of the property as executable.
Additionally, special considerations apply if the property is a primary home, allowing the court to explore alternative orders such as attaching other properties, adjusting repayment terms, or enabling voluntary property disposal.
A legal expert says the time it takes to operationalise the law depends on the Ministry of Justice and Labour Relations as implementers.
Despite the delay, National Council secretary Tousy Namiseb previously said repossession is a last resort, but homeowners are still at the mercy of banks.
