German groups have threatened to demolish any structure that replaces the Reiterdenkmal and to take the Namibian government to court for its removal.
The groups - the Kriegräberfürsorge, the Traditionsverband ehemaliger Schutz-und Überseetruppen and the Memorable Order of Tinheads - have engaged the services of the law firm Andreas Vaatz and Partners to inform the Namibian Government of their intentions.
Volksbund Deutsche Kriegsgräberfürsorge (German War Graves Commission), formed in 1919, maintains German war graves in Europe and North Africa as well as preserves memories of the sacrifices made by German troops across the world, while the Traditionsverband ehemaliger Schutz-und Überseetruppen (the traditional organisation for former German overseas soldiers) celebrates the memory of German troops serving in former colonies.
The Memorable Order of Tin Hats also known as The MOTH, that was formed in 1927, helps fellow colonial soldiers in need as well as all those who “answered the Sunset Call (death), both in war and peace time”.
In a letter written by the groups’ lawyer Andreas Vaatz to the Ministry of Works and Transport on 21 February 2014, they threaten to sue the government. They did not say when they will approach the courts.
The Minister of Youth, Sport and Culture, Jerry Ekandjo, made the revelation at the unveiling of the Genocide Memorial, the Sam Nujoma Statue and the inauguration of the Independence Memorial Museum.
The groups warned that they will demolish any structure that replaces the Reiterdenkmal, in this case, Nujoma’s statue.
“Please be advised that, if the building presently underway at the place in question is not aimed at restoring and reinstating the Reiterdenkmal, our clients are of the intention to do all things necessary, including legal proceedings in the High Court of Namibia, to secure the reinstatement of the Reiterdenkmal to exactly the same place where it was removed.
“You proceed with such building operation at your own peril and the risk of the same having to be demolished in future to cater for the reinstatement of the Reiterdenkmal,” the letter reads.
Backing up their arguments and claims to sue, the lawyers quoted from the National Heritage Act of 2004, which states that “a person must not remove or demolish, damage or deposit, develop or alter or excavate all or any part of a protected place.”
They say removing the Reiterdenkmal is a punishable crime as the Constitution states that anyone who contravenes it “is liable to a fine not exceeding N$100 000 or to imprisonment for a period not exceeding five years, or to both such fine and such imprisonment.”
Vaatz further argues that the government decided to take the law into its own hands. “As a lawyer, I cannot approve of any minister or government infringing its own laws. What they did is in breach of the law. The Constitution has already been drawn up and we should all abide to it.”
Responding to the letter, Ekandjo said no force on earth will put the horse back. “We have fought for this country. That horse will never rise again.”
President Pohamba questioned who the groups are, and whether they are Namibian-born Germans.
Just last week, Pohamba told Germany that his government will allow it to take the Reiterdenkmal back to their country as “the horse is a problem”.
Historically, the Reiterdenkmal honours soldiers and civilians who died on the German side of the war with OvaHerero and Nama people between 1904 and 1907.
The statue depicts a soldier riding a horse and raising a gun.
It was inaugurated in 1912 by Theodor Seitz, the then governor of German South-West Africa, who, the notice says, reminded those at the event of the many sacrifices made by the colonial army.
It was removed under heavy police guard on Christmas Day last year and is standing in the courtyard of the Alte Feste Museum in Windhoek.
The groups - the Kriegräberfürsorge, the Traditionsverband ehemaliger Schutz-und Überseetruppen and the Memorable Order of Tinheads - have engaged the services of the law firm Andreas Vaatz and Partners to inform the Namibian Government of their intentions.
Volksbund Deutsche Kriegsgräberfürsorge (German War Graves Commission), formed in 1919, maintains German war graves in Europe and North Africa as well as preserves memories of the sacrifices made by German troops across the world, while the Traditionsverband ehemaliger Schutz-und Überseetruppen (the traditional organisation for former German overseas soldiers) celebrates the memory of German troops serving in former colonies.
The Memorable Order of Tin Hats also known as The MOTH, that was formed in 1927, helps fellow colonial soldiers in need as well as all those who “answered the Sunset Call (death), both in war and peace time”.
In a letter written by the groups’ lawyer Andreas Vaatz to the Ministry of Works and Transport on 21 February 2014, they threaten to sue the government. They did not say when they will approach the courts.
The Minister of Youth, Sport and Culture, Jerry Ekandjo, made the revelation at the unveiling of the Genocide Memorial, the Sam Nujoma Statue and the inauguration of the Independence Memorial Museum.
The groups warned that they will demolish any structure that replaces the Reiterdenkmal, in this case, Nujoma’s statue.
“Please be advised that, if the building presently underway at the place in question is not aimed at restoring and reinstating the Reiterdenkmal, our clients are of the intention to do all things necessary, including legal proceedings in the High Court of Namibia, to secure the reinstatement of the Reiterdenkmal to exactly the same place where it was removed.
“You proceed with such building operation at your own peril and the risk of the same having to be demolished in future to cater for the reinstatement of the Reiterdenkmal,” the letter reads.
Backing up their arguments and claims to sue, the lawyers quoted from the National Heritage Act of 2004, which states that “a person must not remove or demolish, damage or deposit, develop or alter or excavate all or any part of a protected place.”
They say removing the Reiterdenkmal is a punishable crime as the Constitution states that anyone who contravenes it “is liable to a fine not exceeding N$100 000 or to imprisonment for a period not exceeding five years, or to both such fine and such imprisonment.”
Vaatz further argues that the government decided to take the law into its own hands. “As a lawyer, I cannot approve of any minister or government infringing its own laws. What they did is in breach of the law. The Constitution has already been drawn up and we should all abide to it.”
Responding to the letter, Ekandjo said no force on earth will put the horse back. “We have fought for this country. That horse will never rise again.”
President Pohamba questioned who the groups are, and whether they are Namibian-born Germans.
Just last week, Pohamba told Germany that his government will allow it to take the Reiterdenkmal back to their country as “the horse is a problem”.
Historically, the Reiterdenkmal honours soldiers and civilians who died on the German side of the war with OvaHerero and Nama people between 1904 and 1907.
The statue depicts a soldier riding a horse and raising a gun.
It was inaugurated in 1912 by Theodor Seitz, the then governor of German South-West Africa, who, the notice says, reminded those at the event of the many sacrifices made by the colonial army.
It was removed under heavy police guard on Christmas Day last year and is standing in the courtyard of the Alte Feste Museum in Windhoek.
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