Omuthiya Town Council has refuted claims that it stole the Othithiya Festival concept, citing the rights to the idea are not patented nor trademarked.

In a media statement issued on Friday, the town’s acting CEO, Simon Nghulondo, claims the allegations made by Samuel Shinedima, who claims to have pitched the idea in 2019, are defaming the town’s image and the planned festivities.

“It must be noted that council on many occasions receive presentations from various members of the public. Hence, it cannot accept that those presentations are unique and innovative but will evaluate every presentation and see if there is cooperation or approval,” said Ngulondo.

He said Shinedima has no trademark or rights reserved, patented, copyrighted and registered over ‘Othithiya Festival’ with the Business and Intellectual Property Authority of Namibia (Bipa).

Furthermore, the concept was a proposal by LaTangi Investment, which has partnered with the town council to host the event. 

Thus, “Omuthiya Town Council is demanding a public apology from Mr Samuel Shinedima within 24 hours for defaming the town council’s reputation’/image, interrupting the preparation of the event, and for creating a bad impression towards the Council’s potential investors, clients and stakeholders in general”.

However, on Monday, Shinedima, through his lawyer Salomon Kanyemba, refused to tender an apology to the town.

According to Kanyemba, Shinedima is not claiming any copyrights to the concept but is questioning how the town is executing a similar idea, claiming it was presented by another company after he made his presentation.

 “Our client’s instructions are that to this date, Omuthiya Town Council is not explaining how, when, why and where LaTangi’s Investments CC’s proposal was suddenly approved and on which merits,” said Kanyemba.

Kanyemba added should the town proceed with promoting the festival, scheduled to take place from 28 to 31 July, they will approach the High Court for a court interdict.

- mamakali@nepc.com.na