18 Aug 2016 15:00pm
WINDHOEK, 18 AUG (NAMPA) - The widow and son of late Ovambanderu Paramount Chief Munjuku II Nguvauva are no longer allowed to visit his grave in Okahandja without the authorisation of the leadership of the Ovambanderu Traditional Authority (OTA).
The widow, Queen Aletha Nguvauva, her son Mutima Rikararera Nguvauva and their supporters are also prohibited from laying a wreath at the grave of the late chief in Okahandja, before or after Herero Day, without the authorisation and supervision of the leadership of the OTA.
The High Court issued this final order in a judgement handed down by Judge Collins Parker on Thursday at the end of a legal battle of the widow and her son against the OTA.
The first and second respondents (Aletha Nguvauva and her son Mutima Rikarera Nguvauva) and any other person acting under their directions or on their behalf are interdicted and restrained from proceeding with the commemorations at Okahandja on 03 to 05 June (Herero Day or Herero Heroes Day) each year, or any other time.
The first and second respondents and any other person acting under their directions or on their behalf are interdicted and restrained from entering the Okahandja holy grave site situated at Erf 548, Kahimemua Avenue, Okahandja.
'The first and second respondents and any other person acting under their
directions or on their behalf are interdicted and restrained from conducting the
annual commemorations on any other weekend other than a weekend before
12 June at Okahandja holy gravesite situated at Erf 548, Kahimemua Avenue, Okahandja, reads the restraining order.
As per restraining order, the widow and her son are also ordered to make announcement on the Otjiherero radio in respect of the judgement and to make sure that a written copy of the order is placed or affixed at the entrance of the Okahandja holy gravesite.
The Ovambanderu communitys annual commemoration of ancestors,
heroes and heroines takes place on the weekend of 12 June, which was the date in 1896 when the late chief Kahimemua Nguvauva was executed by a German colonial troop firing squad at Okahandja.
In addition, the two respondents were ordered to foot the legal bills of the applicant (OTS), apart from paying the legal costs of their own lawyers.
The leadership of the OTA brought an urgent application to the Windhoek High Court on 03 June 2016, asking it to issue a final interdict against Aletha and her Mutima, barring them from holding a wreath-laying ceremony at the gravesite before the official day.
A senior traditional councillor and acting chief of the Ovambanderu community, Gerson Katjirua, claimed in papers before court that a visit to the graves by Aletha in May 2015 violated the sanctity of the two leaders graves.
The holy gravesite also houses the grave of revered Ovambanderu leader Kahimemua Nguvauva.
Katjirua also claimed that Aletha visited the grave of her late husband without first having gone through the required traditional and customary rituals of the Ovambanderu community.
Windhoek-based lawyer Else Angula represented the Ovambanderu Traditional Authority.
Advocate John Paul Jones, assisted by Doris Hans-Kaumbi, represented the widow and her son.
Angula was assisted by fellow lawyer Saima Nambinga.
Jones represented Aletha and her son on the instructions of the Ueitele and Hans law firm.