WINDHOEK – The OvaMbanderu Traditional Authority’s acting chief Gerson Katjirua says plans to inaugurate Kilus Nguvauva as chief next month will go ahead as planned, despite government’s appeal in the High Court to nullify Nguvauva’s recognition.
High Court Judge Collins Parker recently ordered government to recognise Nguvauva as the legitimate chief of the OvaMbanderu.
The OvaMbanderu Traditional Authority chiefs’ council has set November 21 as the date of the inauguration of Nguvauva, the second eldest son of Chief Munjuku II Nguvauva who passed away in 2008.
On Monday, the Ministry of Regional and Local Government, Housing and Rural Development filed an appeal in the Supreme Court against the judgement of the High Court.
The ministry appealed against the order by Judge Parker for Minister Charles Namoloh to approve the application of Kilus Nguvauva within 14 days as the rightful chief of the OvaMbanderu .
The OvaMbanderu Traditional Authority was cited as the first respondent and Nguvauva as the second respondent, according to the notice of appeal.
A registrar at the Supreme Court explained to New Era that this means that the earlier ruling by Judge Parker remains in force until such time the Supreme Court has adjudicated on the appeal by government.
The proceedings in the Supreme Court are only expected early next year.
Contacted for comment yesterday, Namoloh denied filling an appeal.
“As I told you before I haven’t filed an appeal. If there is an appeal filed go and ask those people at court,” he added.
According to court documents, the ministry’s grounds of appeal are based on the belief that Judge Parker erred in his findings.
This includes his finding that the minister had considered and was satisfied that Nguvauva complied with the Traditional Authorities Act.
The document further states that the learned judge erred in basing his findings on inferences which could not be reasonably drawn from several specified facts.
Government is also challenging the court’s assertion that the minister failed to inform the OvaMbanderu Traditional Authority or Kilus Nguvauva that the application did not comply with section 5(1) of the Act.
The minister’s decision pursuant to the recommendation by the investigation committee in terms of section 12(2) of the Act that the late Keharanjo II Nguvauva should become the successor to Munjuku II Nguvauva, is also a bone of contention.