Hundreds of Mbanderu people witness appeal case

ALMOST a thousand people of the Mbanderu ethnic group arrived at the Supreme Court in Windhoek on Thursday to hear an appeal case against a judgement made in the High Court last April to reinstate 11 traditional councillors fired by their chief.

The crowds packed the corridors and staircases inside the building and even brought their own chairs into the courtroom. Officials then decided to set up a sound system in the corridors and outside for the crowds to follow the proceedings.Chief Justice Peter Shivute and Acting Judges of Appeal Johan Strydom and Simpson Mtambanengwe heard the heads of arguments during the six-hour session.Dave Smuts appeared for the group appealing against last year’s High Court judgement in which a decision of the Ovambanderu Paramount Chief Munjuku Nguvauva II to remove 11 traditional councillors from their posts in the Ovambanderu Traditional Authority was declared unfair and unreasonable.The case between the 11 traditional councillors and Chief Nguvauva and the Ovambanderu Traditional Authority had split the Ovambanderu community into two opposing camps.Judge Collins Parker also ruled then that Chief Nguvauva and the Ovambanderu Traditional Authority’s decision to expel one of the 11 traditional leaders, Erastus Kahuure, from his position as a Senior Traditional Councillor should be set aside.A further decision by Chief Nguvauva and his traditional authority to adopt a new constitution for the Ovambanderu community in October 2005 had also been set aside.The case resulted from a decision by Chief Nguvauva, who died in January this year, to bring the drafting of a new constitution for the Ovambanderu Traditional Authority to a sudden halt.After the intervention by the Chief, a new Ovambanderu constitution was adopted in October 2005, which resulted in a split among the community.Smuts on Thursday appeared for the traditional authority which appealed the High Court decision.Andrew Corbett appeared for the ‘concerned group’ under ousted Senior Traditional Councillor Erastus Kahuure.Judgement was reserved.Officials then decided to set up a sound system in the corridors and outside for the crowds to follow the proceedings.Chief Justice Peter Shivute and Acting Judges of Appeal Johan Strydom and Simpson Mtambanengwe heard the heads of arguments during the six-hour session.Dave Smuts appeared for the group appealing against last year’s High Court judgement in which a decision of the Ovambanderu Paramount Chief Munjuku Nguvauva II to remove 11 traditional councillors from their posts in the Ovambanderu Traditional Authority was declared unfair and unreasonable.The case between the 11 traditional councillors and Chief Nguvauva and the Ovambanderu Traditional Authority had split the Ovambanderu community into two opposing camps.Judge Collins Parker also ruled then that Chief Nguvauva and the Ovambanderu Traditional Authority’s decision to expel one of the 11 traditional leaders, Erastus Kahuure, from his position as a Senior Traditional Councillor should be set aside.A further decision by Chief Nguvauva and his traditional authority to adopt a new constitution for the Ovambanderu community in October 2005 had also been set aside.The case resulted from a decision by Chief Nguvauva, who died in January this year, to bring the drafting of a new constitution for the Ovambanderu Traditional Authority to a sudden halt.After the intervention by the Chief, a new Ovambanderu constitution was adopted in October 2005, which resulted in a split among the community.Smuts on Thursday appeared for the traditional authority which appealed the High Court decision.Andrew Corbett appeared for the ‘concerned group’ under ousted Senior Traditional Councillor Erastus Kahuure.Judgement was reserved.