Maria Amakali
Ovaherero traditional authority paramount chief claimant Mutjinde Katjiua has vowed the battle is not over despite the High Court declaring yesterday he lacks authority to represent the community.
“The urgent application was such a battle in the many wars we have waged and continue to wage. But the war is not over. Ultimately no lie shall prosper in the face of truth and justice,” said Katjiua in a statement shortly after the court’s pronouncement on the matter.
He added while court cases are ongoing, he will embark on OTA work programmes to make a difference in the communities and focus on development rather than division.
Katjiua’s urgent application, which he had filed as a duly elected paramount chief of OTA, was dismissed with cost.
Judge Herman Oosthuizen ordered him to pay the cost of the suit in his personal capacity. “It is clear that the first applicant (Katjiua) lacks the locus standi to have brought this application as a paramount chief of Ovaherero Traditional Authority nor did he establish a clear right or other requisites for interdictory relief,” said Oosthuizen.
In the application, Katjiua sought an interdict against the OTA chairperson of the chiefs’ council Vipuira Kapuuo from hosting a council meeting last week at Ovitoto in the Otjozondjupa region.
This meeting was expected to identify those willing to compete for the paramount chieftaincy. He further wanted Kapuuo to be interdicted from interfering with OTA’s bank account and or diverting funds from the urban and rural development ministry meant for the traditional authority.
According to him, Kapuuo has since opened a bank account under the name “OTA Office of the Chairperson”, despite the traditional authority already having an existing bank account under its name.
According to Katjiua, Kapuuo who has since assumed the role of the acting paramount chief, cannot claim the title as he rejected to accept the role during a vote on 27 June 2021 during a council meeting.
He further stated Kapuuo has no right to act unilaterally and needs to consult.
In response, Kapuuo said Katjiua is not the rightful OTA ruler and has no legal standing to bring forth an application and represent the OTA.
Kapuuo is adamant that in terms of Ovaherero customary law, tradition, and protocol, the chairperson of the chiefs’ council becomes the acting paramount chief of the Ovaherero traditional community upon the death or incapacitation of a paramount chief.
He claims that Katjiua who allegedly holds the title of the OTA secretary general has no authority to stop him from calling a council meeting, because it is within his rights and responsibilities as chairperson of the chiefs’ council.
Kapuuo has since filed an application challenging the election of Katjiua as the next paramount chief. He further seeks an order indicating that he is the acting paramount chief. He also wants the court to declare the chiefs’ council meeting held on 10 to 12 December 2021 at Onderombapa, Aminuis and any decisions taken at the said meeting null and void.
Unlike in many traditional authorities, where succession occurs in the bloodline, the authority’s chiefs’ council elects the OTA paramount chief after extensive consultation with the community.