Ruling on OvaMbanderu chieftaincy on Thursday

01 Oct 2014 15:10pm
WINDHOEK, 01 OCT (NAMPA) - A ruling on an application by Kilus Nguvauva to compel the Regional and Local Government Ministry to approve his application as the duly-designated OvaMbanderu chief, will be delivered on Thursday.
The verdict on this legal battle for the OvaMbanderu chieftaincy will be handed down by High Court Judge Collins Parker at about 14h15.
On 18 July this year, judge Parker reserved his ruling on the matter shortly after he had listened to submissions and counter-arguments presented by lawyers who represent Nguvauva and his supporters (applicants) against the Ministry of Regional and Local Government, Housing and Rural Development.
In the application, Nguvauva, who is also the current Deputy Minister of Works and Transport, is asking the Windhoek High Court to issue an order directing the present Regional and Local Government Minister, Charles Namoloh to approve his application as the rightful chief of the OvaMbanderu with no further delays.
This application has been with the line ministry since August 2008.
The then-Regional and Local Government Minister, Jerry Ekandjo was unable to approve Nguvauva's application for the OvaMbanderu chieftancy after Nguvauva’s half-brother, the late Keharanjo Nguvauva, brought a similar application before the same ministry to also seek the same recognition as the duly-designated candidate for the OvaMbanderu chieftaincy.
Keharanjo has since died after committing suicide by hanging himself at his flat in the Khomasdal residential area on 08 April 2011.
This development then forced Kilus Nguvauva to approach the Windhoek High Court with an application in which he asked the court to instruct Namoloh to approve his application with no further delays.
After Keharanjo's death, Aletha Nguvauva - Keharanjo’s mother - was inaugurated by another faction and supporters as queen of the OvaMbanderu people.
This move led to another legal battle in the Supreme Court between Kilus and his stepmother.
Kilus then emerged victorious from the Supreme Court legal wrangle on 18 June 2013 when that court dismissed an appeal application by Aletha and senior councillor of the OvaMbanderu Traditional Authority, Erastus Kahuure.
At the time, the Supreme Court ruled that there was insufficient evidence to support their claim of succession in terms of the right to intervene in the counter-application brought by Kilus.
The two (Aletha and Kahuure) brought the unsuccessful appeal application before the Windhoek Supreme Court after they were denied permission by the Windhoek High Court to join a case which was earlier brought before that court by the late Keharanjo alone.
Windhoek-based defence lawyer Theo Frank (SC) is representing Kilus and his supporters.
Government attorney Nixon Marcus is representing the State and the line ministry.