THE persistent tribal tussle that has soured relations between the Batswana ba Namibia Traditional Authority and the Itireleng/Metsweding community at Epukiro has taken a turn for the worse after the collapse of a case to control community assets on October 17.
A ‘community council’ which was initially dissolved in 2007 and chaired by senior traditional councillor Augustus Modisa has now instituted a motion in the High Court to wrest power from another disputed ‘council’ elected by the community last year. This other ‘community council’ is chaired by Felix Madi and consists of 17 members. Damning allegations have been made against Madi’s council in a fresh court affidavit dated November 10 by senior traditional councillor Augustus Modisa under the auspices of the ‘Council of Itireleng Village Community’. It seeks an interdict to stop Madi’s council from continuing to run the affairs of the community. Modisa claimed that his council is the sole legitimate body to wield control over Itireleng since it was appointed by Chief Constance Kgosiemang. Modisa claimed that since the community’s financial books were handed over to the Madi council ‘serious financial irregularities’ have taken place.’The inescapable inference is that this committee is refusing to vacate office for fear of exposure of theft or alternatively financial mismanagement,’ he continued. The traditional authority lost an appeal last month in which it was challenging an application by the ‘council’ under Felix Madi and Theodore Makgone, which sought a cancellation of an earlier order that gave power to the traditional authority to take control of the community assets. Chief Constance Kgosiemang obtained a court order in 2009 to take charge of assets such as a tractor, a community hall, cattle and bank accounts. The assets and the use of farm Epukiro No. 268 were given to the community by the Roman Catholic Church in 2003. The community has been fighting against the seizure of assets by the chief. In a settlement that was made an order of the High Court last month, the government attorney representing the traditional authority conceded to the Madi application which contended that the Magistrate’s Court at Gobabis has no jurisdiction to preside over the matter. The traditional authority was ordered to pay the cost of the court proceedings, which the rival faction claimed is well over N$300 000.Augustus Modisa alleges that on Friday, October 21, four days after the authority lost in court, the Madi-led council went to the community cattle post with the intention of selling cattle belonging to the community. A total of 45 cattle belonging to the community have allegedly been sold by Madi’s council since late 2009, he claimed.’The group threatened to assault the herd boys appointed by the applicant. By sheer luck and prior to the arrival of respondents, the cattle had already been released from padlocks,’ the affidavit states. Modisa further claimed in court papers that on 24 October 2011, the Madi council slaughtered cattle at the cattle post.Another cow was allegedly slaughtered on November 1 under the supervision of one Reinharth Morwe, according to Modisa.’This conduct is clearly interfering with the applicant’s duty to take control of assets which fall under its control. I submit that the only option open to the applicant outside of taking the law into his own hands is to seek an urgent interdict,’ Modisa said in the affidavit.The Madi faction said the only cattle that were slaughtered belonged to a relative of the council whose sister had a wedding.
