By Kuvee Kangueehi
Windhoek
The ongoing feud within the Ovambanderu community made a second appearance in the Windhoek High Court yesterday after the parties failed to reach a compromise following the first court order last year.
Hundreds of Ovambanderu dressed in their traditional attire flocked to the High Court and patiently sat outside the court building awaiting the outcome of an application by expelled traditional leaders.
The expelled traditional councillors in their application requested the Ovambanderu Traditional Authority and Chief Munjuku Nguvauva to re-instate them as traditional councillors of the Ovambanderu Traditional Community.
When proceedings started yesterday, Andrew Corbett who is representing the applicants reminded the court that it was the second time that the application was in court and noted that during the first appearance, which was on May 8, 2006, the Ovambanderu Traditional Authority and Nguvauva made certain concessions and based upon an agreement between the parties the court handed down an order.
He noted that it was agreed that the applicants should be re-instated with immediate effect as traditional councillors. Corbett however expressed disappointment that the court order was not fully implemented and stated that the order was also ambiguous as it does not set a time frame.
Corbett submitted that Nguvauva unilaterally undermined the work of the Constitutional Drafting Community by aborting the constitutional drafting process and sidelining the committee and proceeding without input or the support of the majority of the committee. He added that Nguvauva also undermined the work of the committee by failing to make available the necessary funds to conduct the consultations with members of the traditional community at constituency level.
“The Chief also imposed the re-structuring of the organs of governance within the traditional community by unilaterally insisting on amendments to the new constitution and that it be adopted at a meeting on 1 October 2005.”
He added that despite the fact that Nguvauva is a Chief, the acts and decisions of the Chiefs and Traditional Authorities are subjected to the provisions of administrative law. He said a decision of the Chief is subject to review because he represents a body which is obliged to act in the interest of the public.
“In principle, Chiefs should not be able to claim exemption from these requirements merely because their powers happen to derive from customary law.” Corbett told the court that Chiefs are still officials acting in the public interest and their office is part of the state administration as they are paid salaries from public funds.
He charged that Chief Nguvauva and the Traditional Authority violated the constitution in adopting the new Ovambanderu constitution in an arbitrary, unreasonable and capricious manner and by denying the applicants and the community the right to be consulted and give input into the new constitution.
Corbett said the Traditional Authority also failed to consider properly the alleged misconduct of the applicants in dismissing them from their positions held within the community. He said the Traditional Authority exhibited bias on their part by overemphasizing the misconduct allegedly perpetrated by the applicants to distort reality and create the impression that the applicants were disrespectful towards the Chief.
Corbett submitted that the Traditional Authority and Nguvauva had a personal interest in seeing that the applicants were removed from their positions.
Harold Geier, who is representing the Ovambanderu Traditional Authority and Chief Nguvauva, started to present his case yesterday afternoon to Acting Judge Collin Parker.
The applicants in the matter are Erastus Kahuure, Mburo Mooja, Gebhard Hengari, Barnabas Kandjavera, Okeri Kavitjene, Rehabeam Nguhahe, Borrie Katjiuanjo, Cornelius Tjiroze, Noah Kangueehi, Erastus Karuuombe and Pani Kahorere.
The respondents as indicated in court papers are: The Ovambanderu Traditional Authority, Chief Nguvauva II and the Minister of Regional, Local Government, Housing and Rural Development John Pandeni.
The case is scheduled to continue today.