Iuze Mukube
Four years after the matter was brought before the High Court, the battle over the position of the Paramount Chief of the Ovaherero remains unresolved.
Ovitoto chief Vipuira Kapuuo, who is also the chairman of the Ovaherero Traditional Authority’s Chiefs’ Council, brought the matter to court in 2022 after being allegedly unanimously removed from acting as the paramount chief.
This follows the death of then-paramount chief Advocate Vekuii Rukoro in 2021.
Kapuuo contended that, as per the tradition of the Ovaherero traditional community, the chairman of the chiefs’ council becomes acting paramount chief upon the death or incapacitation of the paramount chief. A meeting held later that year, in 2021, in the absence of Kapuuo, however, resulted in the electing of academic Mutjinde Katjiua as paramount chief.
Kapuuo, who has since assumed the role of the acting paramount chief, is seeking an order declaring that in terms of Ovaherero customary law, tradition and protocol, the chairman of the chief’s council (Kapuuo) becomes the acting paramount chief of the Ovaherero traditional community upon the death or incapacitation of the paramount chief.
He seeks an order indicating he is the acting paramount chief.
He further seeks the court to declare the chiefs’ council meeting, held from 10 to 12 December 2021 at Onderombapa, Aminius, and any decisions taken at the said meeting null and void. It is at the said meeting where a decision was made to elect and appoint Katjiua as paramount chief, succeeding late paramount chief advocate Rukoro, who died on 18 June 2021. Meanwhile, another faction, backed by Kapuuo, elected another academic, Hoze Riruako, as paramount chief.
Unlike in many traditional authorities, where succession occurs in the bloodline, the authority’s chiefs’ council elects the OTA paramount chief after extensive consultation with the community.
Kapuuo, therefore, brought Katjiua and 56 other respondents to court, seeking an order that declares him the acting paramount chief as per the Ovaherero customary law and tradition. The chairman sought an order directing that a chiefs’ council meeting be called by the chairman of the chiefs’ council.
The matter remains unresolved to date due to prolonged court proceedings, during which the respondents lodged a counter application seeking an order to review and set aside the conduct of Kapuuo in his alleged role as chairperson of the chiefs’ council and acting paramount chief of the OTA. In one of the respondent’s affidavits, Benestus Tjizapouzeu Uahupirapi denied the allegations that the OTA failed to announce the December 2021 meeting.
He contends that the chiefs gathered in Windhoek following instructions from Kapuuo that they should assemble to discuss the way forward. Uahupirapi added that, while gathered, the chiefs allegedly attempted to contact Kapuuo telephonically, but he ignored the calls and failed to respond.
Hence, in his absence, the chiefs deliberated on what they described as unilateral decisions taken by Kapuuo without consultation.
The affidavit states that all chiefs were represented at the meeting, except for Kapuuo and another chief, who allegedly remained in self-isolation. He argues that this constituted a majority decision of the OTA.
Uahupirapi further alleges that Kapuuo later stated on radio that he was aware Tjiunde was looking for him regarding the meeting.
This, he argues, demonstrated that Kapuuo had knowledge of the gathering but chose not to attend.
“Ignorance is not an excuse,” reads the affidavit. The hearing commenced last week, and was postponed to tomorrow for continuation.
Two paramount chiefs
Whichever way it is looked at, the OTA has two paramount chiefs, Katjiua and Riruako, at least for now.
Katjiua’s appointment was sanctioned at Onderombapa in 2021 by one of the OTA factions, while the process that delivered Riruako was staunchly spearheaded by Ovitoto chief and OTA chiefs’ council chairperson Kapuuo.
The two groups do not recognise each other’s existence.
While the Kapuuo faction were electing their paramount chief, the Katjiua faction were in Okahandja for a brief on the genocide issue. As far as Riruako was concerned, the OTA would submit his name to the minister of urban and rural development for gazetting, after which he would be coronated.
Katjiua, on the other hand, was coronated at a glamorous ceremony last year, which featured an imported gold-plated throne and a sword purportedly given to the late Ovaherero paramount chief and Nudo president, Kuama Riruako, by former Libyan leader Muammar Gaddafi. – mukubeiuze@gmail.com