Droombos may host functions (for now)
Police allegedly harassing business
According to an appeal filed in the High Court, Droombos may host functions for the time being.
Droombos’ legal representatives have appealed a High Court ruling by Judge Nate Ndauendapo that bars them from hosting events and operating as a venue.The City of Windhoek (CoW) claimed in the High Court that Droombos only has permission and approval to operate a guesthouse and conference facilities.
Droombos argued that the permission should be interpreted to include the right to host functions and events.
It has also appealed Nduaendapo’s decision that it must pay CoW’s legal costs. The appeal will be heard in the High Court and the notice of appeal was already filed on November 21.
Even though Droombos filed the appeal last week, they claim that officers from the Windhoek City Police visited Droombos’ premises and threatened to cease operations based on the ruling. This is according to a letter Droombos issued to the CoW.
In the letter, Droombos explains that the fact that an appeal has been lodged against the ruling means that Nduaendapo's ruling may not be implemented until the appeal is concluded. Therefore, Droombos may continue to host functions for the time being.
"An appeal to the High Court suspends the operations and execution of the relevant court order pending the final determination of such appeal. This means in practical terms that while the appeal is pending in the High Court, and until the High Court finally decides the appeal, Droombos may continue to operate its business operations."
Droombos further alleges that the actions of CoW and officers of the Windhoek City Police are unconstitutional and clearly cannot continue. The letter also refers to historical unconstitutional conduct by the City Police towards Droombos which was allegedly at the behest of officers at CoW.
"The incidents of harassment by the City of Windhoek and/or City Police officers concerning our client's business since 2019 are well documented. Unfortunately, the municipality has a notorious reputation for not following procedure and using self-help tactics..." the letter states. - [email protected]