06 May 2017 13:20pm
WINDHOEK, 06 MAY (NAMPA) The ruling in an urgent application seeking an order to have Ondonga King Immanuel Kauluma Elifas examined by psychological and medical professionals to determine if he is still fit to discharge traditional responsibilities, will be made known on Monday.
On 30 April 2017, High Court Judge Shafimana Ueitele, after having listened to submissions by lawyers representing the two parties (applicants and respondent) in respect of the urgency of the application, said that he will hand down his ruling on the matter on Monday.
The ruling will be handed down in the Windhoek High Court at 10h00.
On Monday, the presiding Judge will first have to give a ruling as to whether the application has met all the requirements of the High Court rules and orders to be heard on an urgent basis before he listens to the merits of the application.
The Ondonga Traditional Authority (OTA), led by suspended senior traditional councillor John Walenga (applicants), approached the High Court on 30 April 2017 seeking an order to have Elifas independently examined by a medical doctor and a psychiatrist.
The traditional authority particularly wants the court to issue an order that would allow the medical professionals to determine the physical, mental and emotional state of the king as he is allegedly frail, with his hearing, speech and memory having deteriorated.
The OTA and Walenga argue in court papers that there is a leadership crisis within Ondonga.
Last month, Ondonga traditional council chairperson Peter Kauluma, traditional council spokesperson Joseph Asino and senior councillors Walenga, Tonata Ngulu, Kashona Malulu, Joseph Akawa, Fillemon Nambili and Vilho Kamanya were suspended for challenging the kings rule in court.
Their challenge alleges that the king is incapable of making sound decisions in the interests of the authority.
They are also, through their affidavit, asked that the kings wife Sesilia Elifas stop meddling in the affairs of the kingdom and related matters of power, duties and functions of King Elifas and the OTA as a whole.
The respondent is Sesilia Elifas.
Advocate George Coleman, assisted by Hilma Nambinga, is appearing for the applicants.
Advocate Elias Shikongo, assisted by Advocate Sandra Miller, is representing the respondent.