Windhoek High Court Judge Essi Schimming-Chase has given Urban and Rural Development Minister James Sankwasa 90 days to resolve the Gciriku chieftaincy dispute and ensure the right claimant is installed as Hompa.

On Friday, Schimming-Chase set aside the 12 September 2023 decision of former urban and rural development minister Erastus Uutoni to approve the designation of Maraghuli Felix Mashika as Hompa of the Gciriku Traditional Authority.

She threw the ball back in the ministry’s court, ordering the minister to reconsider the matter and make a proper determination based on the customary law of succession for the Gciriku.

According to Schimming-Chase, Uutoni and the Ministerial Investigation Committee (MIC) failed to make a “proper determination of what the customary law of succession for the VaGciriku traditional community actually is.”

Further stating that the MIC recommendation to designate Mashika as Hompa was made on an assumption, as no “proper reference was made to books, evidence, or text.”

“Once the customary law has been determined, it should be applied to the facts to determine which candidate is entitled to be designated as chief. The minister should also provide reasons for the decision that explain what the customary law has been determined to be and why the successful candidate satisfies the requirement,” ordered Schimming-Chase.

She further ordered the ministry, the Gciriku Traditional Authority, and Mashika to bear the cost of the suit.

The High Court’s ruling is the result of a review application filed by Bartholomeus Aruvita Kayoka, who claims to be the heir to the VaGciriku throne.

In his application, Kayoka, who is Mashika’s uncle, claims that the succession is determined by seniority within the royal family hierarchy, followed by selection by the royal family. He fervently argues to have ascended through that process.

Speaking to New Era after the ruling, Kayoka said he hopes the minister decides based on customary law and respects the royal family and community’s decision.

“I am very happy with the ruling. We have waited for this decision for a very long time because the community has been without a chief for a very long time,” said Kayoka.

He added that Sankwasa must avoid making the mistake of his predecessor and follow the customary law.

In court documents, Mashika, who was designated as Hompa and coronated in September 2023, succeeding the late Kassian Shiyambi, who died in November 2019, said he was rightfully chosen.

He said the late Shiyambi nominated him as his successor during his lifetime and that this nomination is determinative under Gciriku customary law.

– newsroom@nepc.com.na