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Magistrate Acts in Conflict of Interest?

Home Archived Magistrate Acts in Conflict of Interest?

By William Mbangula Oshakati The magistrate at Outapi has declined to issue a protection order in favour of a divorcee who was evicted from the common house by her former husband of more than 40 years. Magistrate Lena Iyambo wrote back to the National Society for Human Rights (NSHR) telling the NSHR that the final order of divorce was granted by the High Court and if she (divorcee Iyambo) was not happy, she could approach the Legal Aid Directorate in order to acquire the services of a lawyer to help her in the matter. Earlier it was reported in New Era that Hertha Nanewo Iyambo from Etunda village in the Okahao constituency was evicted from the common home together with her children by her former husband Simon Johannes Angula, 71. This happened despite a final court order of divorce dated January 30, 2006 issued by Justice Sylvester Mainga, that decreed that each party retains property currently in their possession. Based on the final order, it was believed that Iyambo had the right to keep her traditional kitchen, land and other related property. The couple married on February 25 1965 in community of property at Okahao in Omusati region. Eight children were born, three of whom have since passed away. Earlier, it was incorrectly reported that the couple had no children. The error has now been rectified by one of the children, 23-year-old Julia Angula, who told New Era that she was chased out of the house in 2005 because their father had disowned them. NSHR spokesperson Festus Shaduva told New Era that the court order is clear but the magistrate is acting in a “deliberate manner to frustrate” the divorced woman and her children because of an alleged conflict of interest that she might have in the matter. The human rights body suspects that the magistrate is related to Angula’s new wife Hilkka Niipanda Iipinge. The two married at Outapi on May 26, 2006, where magistrate Iyambo presided over their marriage ceremony. Hence her reluctance to issue a protection order in favour of the first wife of Angula, it is alleged. Shaduva intends to approach the high court in order to seek justice for the 65-year-old Iyambo.