Chieftaincy battle heads to Supreme Court

Chieftaincy battle heads to Supreme Court The Uukwangali Traditional Authority will turn to the Supreme Court this week in the hope of overturning a Windhoek High Court ruling that relieved Eugene Siwombe Kudumo of his chieftaincy.

Judge Harald Geier ruled on 6 March that Kudumo's designation as chief of the traditional authority by then minister of urban and rural development, Sophia Shaningwa, on 15 February 2017 be set aside.

Geier declared his designation “invalid and of no force or effect”.

Kudumo and the traditional authority's legal representative, Kadhila Amoomo, told Namibian Sun he has received instructions to launch an appeal in the Supreme Court.

“It will be done next week,” Amoomo said.

The chieftaincy wrangle follows the death of Kudumo's grandfather, Chief Sitentu Daniel Mpasi in 2014.

Despite Mpasi having chosen Kudumo as his heir and even announcing his selection in public, a pressure group led by Rudolf Ngondo and Severinus Siteketa refused to accept Kudumo as chief of the Vakwangali traditional community, saying he had not been appointed procedurally.

They argued that the process in which the Vakwangali elders evaluate a number of candidates from the different royal families was not followed.

It was on this basis that Ngondo and Siteketa, as well as 20 others, turned to the courts.

Geier's judgment was not the first time that the High Court set aside Kudumo's designation as chief. In October 2016, deputy judge president, Hosea Angula, also aside Kudumo's designation.

Kudumo, however, remained defiant and refused to relinquish his powers, despite the court order.

Shaningwa entered into the fray on 15 February 2017 when she designated Kudumo as chief despite the court decision.

On 15 August 2017, President Hage Geingob announced Kudumo's designation via the Government Gazette.

However, this did not unite the different royal family groupings, but instead fuelled the conflict, which resulted in the High Court matter heard on 19 February.

Current urban and rural development minister Peya Mushelenga told Namibian Sun that the ministry accepts the court's verdict and it was up to the Uukwangali Traditional Authority to designate their chief.

“The decision of the court was effective the day the decision was taken. It is up to the traditional authority to designate a chief,” Mushelenga said.

“The chief is not designated by the minister, as you have read from the judgment... It is for the traditional authority to follow the correct procedure for designating a chief. It is not up to the ministry.”

KENYA KAMBOWE