Rédaction Africa Links 24 with Werner Menges
Published on 2024-03-22 10:00:00
An application has been made to formally recognize Aletha Nguvauva, the widow of the late Ovambanderu chief Munjuku II Nguvauva, as a traditional leader of part of the Ovambanderu community. This application, which was previously rejected by the Minister of Urban and Rural Development, Erastus Uutoni, has now been ordered to be reconsidered by the Windhoek High Court.
In a recent judgement, Judge Hannelie Prinsloo reviewed and set aside Uutoni’s decision from October 2021, citing that he did not give Aletha Nguvauva and the Ovambanderu Traditional Council a fair hearing before rejecting the application for her official recognition as a traditional leader. Prinsloo found that Uutoni based his decision on information from a previous application submitted by Aletha Nguvauva’s rival, Kilus Nguvauva, without allowing her and the council to present their case.
The Ovambanderu community has been embroiled in leadership disputes since the passing of Chief Munjuku II Nguvauva in 2008. Following his death, his two sons, Kilus Nguvauva and Keharanjo Nguvauva, became rival candidates for the traditional leadership position. However, when Keharanjo passed away in 2011, Aletha Nguvauva stepped in as a contender for the leadership role. After a series of court battles, Kilus Nguvauva was designated as the traditional chief in 2014.
The recent court case revealed that the Ovambanderu Traditional Council was formed by a faction of the community that distanced themselves from the Ovambanderu Traditional Authority after Kilus Nguvauva was appointed as chief. An application was then made in 2017 to recognize Aletha Nguvauva as a traditional leader of a segment of the Ovambanderu community in the Otjimbinde constituency.
Uutoni, in a letter to the Ovambanderu Traditional Council’s lawyers, stated that he considered the overlap in the communities led by Kilus Nguvauva and Aletha Nguvauva, as they inhabit the same area. However, the court ruled that Uutoni’s decision was unfair as Aletha Nguvauva and the council were not given a chance to present their case.
Represented by lawyers Tinashe Chibwana and Doris Hans-Kaumbi, the Ovambanderu Traditional Council and Aletha Nguvauva brought the case to court in November last year. Deputy government attorney Jabulani Ncube represented the Minister, the President, and the Council of Traditional Leaders in the proceedings.
The judgement by Judge Prinsloo now paves the way for Aletha Nguvauva’s application to be reconsidered by the Minister of Urban and Rural Development, providing a fair opportunity for her and the Ovambanderu community to present their case for her official recognition as a traditional leader.
Read the original article on The Namibian
