Patience Makwele
Outrage is growing among Windhoek residents as families facing home repossessions question the fairness of the process.
One of those people is 70-year-old Friedrich Willy Schroeder, who has spent more than a decade challenging the sale of his Hochland Park home.
He says it was sold based on what he calls a “null and void” court judgement.
His dispute dates back to April 2013, when his property was sold after legal action linked to a loan with FNB Namibia Holdings now known as FirstRand Namibia.
“They auctioned a non-existent property,” Schroeder said, pointing to differences between Erf 1520 and Erf 1957, which he says cannot refer to the same property.
Documents seen by the Windhoek Observer show he claims the original erf had been merged with another property before the auction, making the notice invalid.
He also alleges the transfer was fraudulent and that authorities failed to act.
Investigations have rejected these claims. A 2018 report by the Office of the Ombudsman found the two ErF numbers referred to the same property after a lawful consolidation process.
It said Schroeder was aware of this and found no evidence of fraud.
The Bank of Namibia said the matter falls outside its role as it stems from a court decision.
“The complaint stems from a decision taken by a court of law… the bank has no legal mandate to pursue the matter further,” the central bank said.
In November 2024, the National Assembly’s standing committee on constitutional and legal affairs closed the case, saying it cannot interfere with court rulings.
Schroeder said he will continue to challenge the matter.
“This is not just about property; it is about the collapse of the rule of law,” he said.
Legal practitioner Natalia Saalty Emmanuel said court orders are binding if not appealed.
“You cannot challenge a court decision through administrative bodies,” Emmanuel said.
“The proper route is through the courts themselves. If that process is not followed, the decision stands, regardless of how strongly one feels about it.”
Emmanuel said the system must balance debt recovery with social impact.
“There is a need to balance contractual enforcement with social realities,” she said.
“A home is not just an asset; it is a place of dignity.”
In September last year, the Windhoek Observer reported that family homes could no longer be auctioned below market value following the enforcement of the High Court Amendment Act of 2024, which came into effect on 22 August.
At the time, justice and labour relations minister Filimon Wise Immanuel told parliament that the reform closed constitutional gaps in the sale of immovable property to recover debts.
He said no property could be sold in execution without approval from a High Court judge, who first had to confirm that a debtor had no sufficient movable assets to cover the debt.
Mortgage bonds remained exempt, but even in such cases, family homes were placed under judicial oversight.
The act was signed into law in April 2024 and came into effect in August 2025 after the government issued the commencement notice.
Labour and economic researcher Hennie Henry Williams said long disputes reflect frustration with access to justice.
“When people feel unheard, they pursue every possible avenue, even those that are legally closed to them. It speaks to a broader issue of trust in institutions,” said Williams.
In a separate case, another Windhoek family lost their home at auction in July 2025.
They said the house had been paid off but was later used as security for a loan by a relative.
When repayments stopped after the collapse of SME Bank, the debt rose to about N$1.6 million.
The family said attempts to agree on a repayment plan with Standard Bank Namibia failed.
“We asked for a chance to pay in instalments, but the amount they wanted was beyond what we could afford,” a family member said. “It felt like there was no willingness to meet us halfway.”
They said the property was not fully described during the auction and that they were given little time to move out.
“We are being pushed out with nowhere to go. And it feels like no one is listening,” the family member said.
Real estate agent Mariam Shikongo said rising living costs and limited income growth are putting pressure on homeowners.
“We are seeing more residents struggling to maintain financial commitments. This requires a more responsive and compassionate approach from all stakeholders,” said Shikongo.
Financial institutions had not responded to requests for comment at the time of publication.
