Nguvauva drags govt to court over Hoveka’s recognition

WINDHOEK - Ovambanderu Chief Kilus Munjuku III Nguvauva has approached the High Court to review and set aside the decision by Minister of Urban and Rural Development Peya Mushelenga to recognise Chief Turimuro Hoveka as a traditional leader.

President Hage Geingob has been cited as the second respondent in the matter. Other respondents are Hoveka (third), the Council of Traditional Leaders (fourth) and Omaheke Governor Festus Ueitele (fifth).  
Mushelenga last year November recognised Hoveka and his traditional seat, the Hoveka Royal House, as a traditional authority in the jurisdiction of Eiseb Block in Otjombinde Constituency in the Omaheke Region.

In court documents seen by New Era, Nguvauva is calling on Mushelenga to show cause on a date to be determined by the court as to why the decision he [Mushelenga] took to recognise Hoveka should not be reviewed and set aside.

“The designation of Hoveka as Chief of the Hoveka Royal House on 23 November 2018, pursuant to Mushelenga’s approval, should be declared null and void as contemplated in section 3 (4) of the Traditional Authority Act, Act 25 of 2000,” Nguvauva stated in court papers filed on July 8.

Nguvauva is also seeking an interdict from the court to stop President Geingob from recognising Chief Hoveka as Chief of the Hoveka Royal House.

He further seeks an order from the court to stop Hoveka from establishing a traditional authority in respect of members of the Ovambanderu traditional community (including the Hoveka clan) inhabiting Eiseb Block, Epukiro, Otjombinde, Aminuis, Otjinene, Opuwo and Gam.

Likewise, Nguvauva is asking the court to stop Mushelenga, Geingob, the Council of Traditional Leaders and Ueitele from in any manner recognising Hoveka as Chief of the Hoveka Royal House and in particular from affording Hoveka the rights, benefits and privileges of chief of a traditional community as contemplated in the Act.

Equally, Nguvauva seeks from the court to direct that the cost of the application shall be paid by those who oppose the application and such cost to include the costs of one instructing and one instructed counsel.
In Nguvauva’s founding affidavit, he urges that there has been previous attempts by the “Hoveka clan” to apply for recognition of a chief, one of which ended up in a failed court application.

“The then Minister of Regional and Local Government and Housing and Rural Development, Retired General Charles Namoloh, then in his answering affidavit in the said court proceedings stated clearly that the ‘Hoveka Royal House’ is part of the traditional community that fall under the Ovambanderu Traditional Authority,” Nguvauva said in the founding affidavit.

He said it is also evident from the letter that Namoloh acted in terms of section 5 (3) of the Act when he received the Hoveka application.

“This issue was thereafter referred to the Council of Traditional Leaders who has to date not made any recommendation to President Hage Geingob to my knowledge,” Nguvauva said, adding that the application for approval of designation as Chief of Hoveka Royal House submitted in 2012 is thus still pending.

The hearing is set for August 23 in the High Court.