We read in the New Era of Thursday April 30, 2015, that Ombara Advocate Vekuii Rukoro, speaking at Commando One in Okahandja, has vowed at his inauguration to continue fighting government to recognise him as Ovaherero Paramount Chief. This, Adv. Rukoro said after being inaugurated as Paramount Chief by holy fire traditional Commander Abisai Mungendje.
The article went on further to say that Adv. Rukoro said government must come clean on any hidden agenda it holds against his people by limiting them to the Aminuis Reserve, as by so doing it is implementing the Bantustan apartheid ideology. He wants his authority to include Otjozondjupa,
Omaheke, Erongo, Kunene and Vaalgras village in the Karas Region.
I asked myself, why does esteemed Ombara Adv. Rukoro want to fight the government for recognition? What does he intend to fight for? Let me put my question in perspective with reference to the Traditional Authorities Act, 2000 (Act no. 25 of 2000). Specifically, focus will be put on two aspects – traditional title and communal land.
The procedures that have been followed to designate a chief are clearly stipulated and everything provided for is properly defined. If a traditional community intends to designate a chief or head of a traditional community in terms of the Traditional Authorities Act, the Chiefs Council should apply on the prescribed form to the minister for approval to make such designation, and the application shall state the following particulars, among others:
5 (1)(ii) the communal area inhabited by that community, and
5 (1)(v) the name, office and traditional title, if any, of the candidate to be designated as chief or head of the traditional community.
1. The traditional title
In terms of the Act, a chief is the supreme leader of a traditional community designated in accordance with Section 4(1)(a) and recognized as such under Section 6. The Act does not provide for a paramount chief. Did the Ovaherero Traditional Authority apply for a title that is not provided for in the Act and now wants to fight for the recognition of that title or what? Under what law do they suggest such recognition should be done?
The use of traditional titles such as Ombara is provided for in the Act since “nothing in this Act contained shall be construed as precluding the members of a traditional community from addressing a traditional title accorded to that office, but such traditional title shall not derogate from, or add to, the status, powers, duties and functions associated with the office of the traditional leader as provided for in this Act”.
However, the proper translation of the traditional names such as Hompa, Munitenge, Fumu, Ohamba, Omukwaniilwa, !Gaob, etc, is king or queen. This is a contradiction of some kind because Namibia is not a kingdom, but a democratic republic. Nonetheless, government could not have rejected the use of Ombara. But, insistence on recognition as paramount chief baffles me. Now, let us put the ‘paramount chief’ title into perspective.
The Germans did not recognise our African kings/queens. They called them Hauptling (Hauptmann for a man) which is kaptein or captain, the English version of chief of nowadays. So, an übber-hauptmann or paramount chief is a chief above other chiefs.
The word paramount chief was introduced by Theodor G Leutwein to justify negotiations with one representative person, an übberhauptmann or paramount chief, who represented all the OvaHerero.
My understanding is, therefore, that the title of paramount chief is not traditional. It is a colonial invention with no equivalent name to it in Otjiherero. This made me wonder why Ombara Adv. Rukoro would condemn the issues of communal areas as Bantustan but insist on paramount chief, which is a colonial invention, with the government.
2. Communal area
The Act requires that upon application, the traditional authority applying should state the communal area of its jurisdiction. Here one should thread very carefully.
It would appear that there are three distinct points with the OvaHerero and Damara, which are different from the other Namibian communities:
One, a member of the community who is not from the royal family can become chief if elected.
Two, the hierarchical structure of most kingdoms provide for traditional leaders called senior headman/woman, or headman/woman. It would appear that the role of the senior headman or senior traditional councillor is the same as the role played by the “chiefs” of the OvaHerero under Ombara Adv. Rukoro.
Three, the land under some traditional authorities, is one large single area (for example, the land of the Masubia, Aandonga, Vashambyu, Aakwambi, Mafwe, Vakwangali, etc) while for the OvaHerero and Damara, perhaps as a consequence of the colonialisation process, it is separate entities with spatial separation (for example, Ovitoto, Aminuis, Otjinene or Dordabis, !Khomas, Khorixas).
We read that the application for recognition indicated the regions which Ombara Adv. Rukoro has followers.
This included Otjozondjupa, Omaheke, Erongo, Kunene and the Vaalgras village in the /Kharas Region. Now, let us take Otjozondjupa, for example. The Kambazembi Royal House, has jurisdiction over parts of Ovaherero communal land in Otjozondjupa.
If the recognition is accepted by [Urban and Rural Development] Minister Sophia Nahango Shaningwa, what would happen to the mended relations with the traditional community under the Kambazembi Royal House?
*Vincent Likoro is the former Swapo regional co-ordinator for Kavango