By Roland Routh
WINDHOEK – Judge Shafimana Uitele yesterday dismissed an application by the Hoveka clan for the judge to compel the Minister of Regional and Local Government, Housing and Rural Development to recognise Turimuro Hoveka as chief and the Hoveka Royal House declared a traditional authority.
The judge made his ruling in a packed to the rafters B Court after hearing arguments from Petrus Elago for the Hoveka Royal House, Advocate Jabulani Ncube for the first three respondents and Advocate Natasha Bassingtwaite for the fourth respondent, the Ovambanderu Royal House.
In the first instance the judge noted arguments by Bassingtwaite Ncube for the Minister of Regional and Local Government, Housing and Rural Development, Charles Namoloh, the Council of Traditional Leaders and the President of the Republic of Namibia that Turimuro never applied for recognition makes the whole application ineligible and should thus be dismissed forthwith.
He said the only application before court is of Sylvanus Hoveka who died in 2011 and which was also declined.
Judge Uitele dismissed the application and ordered the Hoveka Royal Family pay the costs of the first three respondents being the Minister, the President and the Council on a scale of client to attorney and the fourth respondent, the Ovambanderu Traditional Authority, on the scale of instructing and instructed counsel.
The Hoveka Royal House brought the application after the Minister of Regional and Local Government, Housing and Rural Development declined to consider their original application for the late Sylvanus Hoveka to be recognised as chief in October 2005.
At the time the Minister argued the application cannot be considered as the area in respect of which recognition is sought – Epukiro – falls under the jurisdiction of the Ovambanderu Traditional Authority, duly recognised under Namibia’s laws.
The applicants however countered that the communal area has always been under the leadership of both Chief Munyuku Nguvauva II for the Ovambanderu and Gerson Hoveka under the ambit of the Hoveka Royal House.
Although government paid remuneration to Gerson Hoveka after independence, they declined the same privilege to Sylvanus Hoveka after the passing on of Gerson and subsequently to Turimuro Hoveka after Sylvanus designated him as his successor.
The application which Turimuro Hoveka as the first applicant and the Hoveka Royal House as the second applicant brought before court was that the High Court compels the President to recognise and gazette Turimuro as the designated Chief of the Hoveka Royal House and to recognise and gazette the Hoveka Royal House as a traditional authority.
In their answering papers, the government respondents stated that the matter was referred to the Council of Traditional Leaders for its consideration and recommendation which appointed an investigating committee which has a direct and substantial interest in the matter and should have been joined by the applicants.
This was a fatal flaw in the application, they argued.
They also argued there is no application before the Minister in compliance with the provisions of the relevant Act in that the Hoveka Royal House made the application for a chief while they are not a traditional authority.
They contended the applicants lack authority to bring the application and further that the application is premature as the matter is currently subject to a decision by the President.
On their part the Ovambanderu Traditional Authority argued the Hoveka Royal House never existed as a separate traditional authority and could never be established as a traditional authority as they form part of the Ovambanderu.