WINDHOEK – High Court Judge Collins Parker yesterday ordered the Minister of Regional and Local Government, Housing and Rural Development Charles Namoloh to approve the application of Kilus Nguvaua as the rightful chief of the OvaMbanderu.
Nguvauva also serves as the Deputy Minister of Works and Transport.
The application has been with the ministry since August 2008. After the hearing Nguvauva, surrounded by his supporters told the media he was not surprised by the court verdict.
“I am happy, I knew it will happen,” he said before driving off in his official vehicle.
His supporters, clad in green attire, showed up in numbers to rally behind their newly-approved chief. Police officers were present to maintain order while his followers sang and danced, blocking traffic.
On July 18 this year, Judge Parker reserved his ruling on the matter shortly after he had listened to submissions and counter-arguments presented by lawyers representing Nguvauva and his supporters against the Ministry of Regional and Local Government, Housing and Rural Development.
The former Minister of Regional and Local Government, Housing and Rural Development, Jerry Ekandjo, was unable to approve Nguvauva’s application for the OvaMbanderu chieftaincy after Nguvauva’s half-brother, Keharanjo Nguvauva, lodged a similar application with the ministry seeking the same recognition as the duly-designated candidate for the OvaMbanderu chieftaincy.
Keharanjo committed suicide by hanging himself at a flat in Khomasdal on April 8, 2011.
Kilus Nguvauva then approached the High Court with an application in which he asked the court to instruct Namoloh to approve his application with no further delays.
After Keharanjo’s death, Aletha Nguvauva – Keharanjo’s mother – was inaugurated by another faction and supporters as queen of the OvaMbanderu people.
This move led to another legal battle in the Supreme Court between Kilus and his stepmother.
Kilus then emerged victorious from the Supreme Court legal wrangle on June 18 2013 when the court dismissed an appeal application by Aletha and senior councillor of the OvaMbanderu Traditional Authority, Erastus Kahuure. At the time, the Supreme Court ruled there was insufficient evidence to support their claim of succession in terms of the right to intervene in the counter-application brought by Kilus.
The two (Aletha and Kahuure) brought the unsuccessful appeal application before the Supreme Court after they were denied permission by the Windhoek High Court to join a case which was earlier brought before the court by the late Keharanjo alone.
Senior counsel Theo Frank represented Kilus and his supporters.
Government attorney Nixon Marcus represented the State and the ministry.