Partial victory for Mbanderu authority

THE Supreme Court granted a partial victory to the Ovambanderu Traditional Authority yesterday, when it ruled that the new constitution for the community, which was disputed by one faction, was indeed valid and need not be reviewed, thus overthrowing an earlier High Court decision.

However, the Supreme Court upheld the High Court ruling that the expulsion of 11 traditional councillors of the Ovambanderu Traditional Authority three years ago should be set a side. The drawn-out legal matter arose from a split in the community about the ten-year-old process to adopt a new tribal constitution, which among others made the positions of the 11 traditional leaders redundant and led to their dismissal.The 11 leaders under Erastus Kahuure turned to the High Court to get reinstated and to have the controversial constitution reviewed, which, according to them did not undergo a proper consultation process.The High Court granted both applications but the Ovambanderu Traditional Authority appealed against the High Court ruling.In the Supreme Court judgement, read out by Chief Justice Peter Shivute yesterday – the finding was made by Acting Judge of Appeal Simpson Mtambanengwe – the matter of the reviewing of the tribal constitution was dealt with at length, arguing that enough consultations had taken place.”When the High Court proceeded to deal with the issue of reviewability of the decision to adopt the constitution, it did not analyse the facts put before it in the form of the affidavits and the record,” Chief Justice Shivute stated.”Instead, the High Court initially diverted its attention from the real issue, when it went on to dwell on what appears to be a specious issue, namely whether the document submitted by the community when they applied to the Government for recognition was a constitution or not.”Shivute however upheld the earlier High Court ruling that the decision to expel the 11 traditional leaders from their positions of traditional councillors under the Traditional Authorities Act be set aside.”This order is confirmed with costs, but only up to December 19 2006.”Approached for comment, Patrick Kauta, who represented the 11 leaders under Kahuure, said: “This ruling does not benefit either of the two factions of the Mbanderu community, it does not assist in any way”.Kilus Nguvauva, who was elected by the Traditional Authority to succeed the late Ovambanderu Chief Munjuku Nguvauva, who died in January, was present during the ruling, but he declined to give his opinion.”No comment, not at this stage,” he told The Namibian afterwards.About 300 supporters of the Kahuure group met for two hours in the Katutura community hall afterwards to discuss the way forward.”We have two options – either to start a separate Ovambanderu chieftaincy or to become part of a process to elect the new Ovambanderu Chief for the whole community,” a supporter of Kahuure, who spoke on condition of anonymity, said yesterday.The Kahuure group does not regard Kilus Nguvauva as the rightful successor of the late Munjuku.His younger half-brother Keharanjo is the only heir to the 500-year-old lineage, in their view.The drawn-out legal matter arose from a split in the community about the ten-year-old process to adopt a new tribal constitution, which among others made the positions of the 11 traditional leaders redundant and led to their dismissal.The 11 leaders under Erastus Kahuure turned to the High Court to get reinstated and to have the controversial constitution reviewed, which, according to them did not undergo a proper consultation process.The High Court granted both applications but the Ovambanderu Traditional Authority appealed against the High Court ruling.In the Supreme Court judgement, read out by Chief Justice Peter Shivute yesterday – the finding was made by Acting Judge of Appeal Simpson Mtambanengwe – the matter of the reviewing of the tribal constitution was dealt with at length, arguing that enough consultations had taken place.”When the High Court proceeded to deal with the issue of reviewability of the decision to adopt the constitution, it did not analyse the facts put before it in the form of the affidavits and the record,” Chief Justice Shivute stated.”Instead, the High Court initially diverted its attention from the real issue, when it went on to dwell on what appears to be a specious issue, namely whether the document submitted by the community when they applied to the Government for recognition was a constitution or not.”Shivute however upheld the earlier High Court ruling that the decision to expel the 11 traditional leaders from their positions of traditional councillors under the Traditional Authorities Act be set aside.”This order is confirmed with costs, but only up to December 19 2006.”Approached for comment, Patrick Kauta, who represented the 11 leaders under Kahuure, said: “This ruling does not benefit either of the two factions of the Mbanderu community, it does not assist in any way”.Kilus Nguvauva, who was elected by the Traditional Authority to succeed the late Ovambanderu Chief Munjuku Nguvauva, who died in January, was present during the ruling, but he declined to give his opinion.”No comment, not at this stage,” he told The Namibian afterwards.About 300 supporters of the Kahuure group met for two hours in the Katutura community hall afterwards to discuss the way forward.”We have two options – either to start a separate Ovambanderu chieftaincy or to become part of a process to elect the new Ovambanderu Chief for the whole community,” a supporter of Kahuure, who spoke on condition of anonymity, said yesterday.The Kahuure group does not regard Kilus Nguvauva as the rightful successor of the late Munjuku.His younger half-brother Keharanjo is the only heir to the 500-year-old lineage, in their view.