WINDHOEK – The Deputy Judge President of the Namibian High Court, Judge Hosea Angula, reserved his judgement in the application by Maria Ukamba Haindaka to interdict and restrain the Minister of Urban and Rural Development, the Shambyu Traditional Authority, Sofia Kanyetu, the Electoral Commission of Namibia (ECN) and the Council of Traditional Leaders from conducting an election for a new chief.
The election of a new chief of the Shambyuis scheduled for August 18.
Haindaka further asked the court to order the respondents opposing the application to pay the costs, including the cost of one instructing and two instructed counsels and for the order to operate as an interim order pending the finalisation of a review application she launched in the High Court to have a decision of the Minister of Urban and Rural Development reviewed and set aside.
The decision of the minister relates to a decision dated June 29 this year to grant approval for an election to determine the hompa of the Shambyu in terms of Section 5(10) of the Traditional Authorities Act, which gives the minister authority to grant such approval.
The dispute arose after the death of the previous chief of the Shambyu in 2015 and after the two royal houses of the tribe could not designate a successor to the late Chief Angelina Matumbo on June 14, 2015. Acceding to the customary laws of the Shambyu, a successor is to come from either the vaMukwahepo or vaMwengere lineage or clan, but the clans could not agree on a successor and during 2015 and 2016 the clans nominated Maria Joachim Kanyanda and Sophia Mundjembwe Kanyetu respectively, but unfortunately Kanyanda died in February 2017.
In the meantime, the minister appointed an investigation committee, in lieu of the clan’s failure to designate a successor and a decision was reached that an election be conducted with Haindaka and Kanyetu as the candidates. However, Haindaka was not satisfied with this and approached the High Court on an urgent basis to stop the election. The minister and Kanyetu opposed the application.
Judge Angula indicated that he will deliver his ruling on Thursday, August 16 at