WINDHOEK – Two members of the Ondonga Traditional Authority and possible successors to the late Omukwaniilwa Immanuel Kauluma Elifas will bring an urgent application in the High Court on Thursday this week for an order interdicting and restraining Fillemon Shuumbwa Nangolo from appointing a successor to the deceased or taking over in that capacity.
Oscar Sheehama and Konisa Eino Kalenga are further asking the High Court to stop Nangolo from ‘purporting in any way’ to be the successor of Kauluma or as the future head of the Ondonga traditional community.
They further want an order to interdict and restrain Nangolo from proclaiming himself as the king or chief or head of the traditional authority and also from accepting any designation, nomination or appointment from any person that is aimed or has the effect of designating Nangolo to be such.
A further order interdicting Nangolo from conducting himself in any manner that undermines the authority, powers, functions and privileges that the eligible members of the Ondonga royal family has to designate, nominate and appoint a successor to the King and/or head and/or chief of the Ondonga traditional community is sought.
The applicants also want the High Court to declare that only eligible members of the Ondonga royal family have the right, privilege, and the power to designate, nominate and appoint a successor to the king, chief or head of the Ondonga Traditional Authority.
Further, they are asking the court to declare that, under the current customary law of Ondonga, the community has no authority to nominate, designate nor appoint a successor to the position of king, chief or head. The applicants also want the court to declare that the alleged appointment as king or successor to the king or the basis for the alleged appointment, relied upon by Nangolo is unlawful and invalid.
According to an affidavit filed by Sheehama, the reason for bringing the application was that Nangolo persists in conducting himself in certain activities, which undermines the authority of the traditional authority. He said prior to his death, Kauluma dismissed councillors, including Nangolo, for undermining his authority and he is now continuing with such activities, which is the basis for the urgent application.
He said they want the court to assert the applicants’ rights under the Ondonga customary law on nomination and appointment of a successor to the late Kauluma and their rights under Section 4 (1)(a) and 5(1)(b) of the Traditional Authorities Act and Article 10(1), 12(1(a), 14(3), 19 and 25 (2)-(3) of the Namibian Constitution, which guarantee freedoms and rights.
He further said that he wants to make it abundantly clear that the urgent application is not about recommending, nominating, appointing, designating or declaring any of the applicants to succeed the late Kauluma.
“In addition, I assert and make it clear that this application is not aimed at preventing and or blocking any eligible member of the Ondonga royal family to be nominated and or designated either in terms of the provisions of Section 4 of the Act as a chief of the Ondonga traditional community or in terms of the customary law and traditions of the Aandonga people,” Sheehama stated.
He further said the application is about seeking legal clarity on the powers, rights, obligations and privileges that the Ondonga royal family have under the Ondonga customary law, the Act and the Namibian Constitution, to nominate, appoint and or designate a person that succeeds the late Kauluma. The application is also about seeking equal protection and application in terms of the Namibian Constitution and ensuring that the same customary law that regulates the process of nominating members of the royal family to succeed a king will be applied fairly and consistently to all members of the royal family and that they will be prejudiced when it comes to their potential succession of a king. Kauluma died on March 26 in Onandjokwe hospital after a long illness.