Sankwasa dragged to court over Masubia chief designation
Less than two months into office, newly appointed urban and rural development minister James Sankwasa has been dragged to court over his recent decision to designate Gilbert Muhongo Mutwa as the new chief of the Masubia Traditional Authority.
In a letter dated 7 April, Sankwasa informed the traditional authority's senior counsellor, Ngambela Albius Kamwi, that he had approved the application of Mutwa to become the chief of the Masubia tribe.
The Masubia have been without a chief since the passing of Kisco Maiba Liswani III, who died in July 2021.
However, Trevor Chiswaniso Maiba, the late chief's son and one of several contenders for the vacant royal seat, did not take Sankwasa’s decision lightly.
On 29 April, he filed a High Court application seeking to have Mutwa’s designation set aside.
The Masubia Traditional Authority and Mutwa are named as respondents in the case.
Maiba is represented by Ntelamo Ntelamo from Ntelamo & Associates Incorporated.
In court papers, Maiba argues that Mutwa’s designation did not comply with Masubia customary law. He is asking the court to nullify the designation and to interdict the planned coronation.
The application asks that the court interdict or restrain the respondents from "conducting any activities relating to the swearing in of the third respondent (Mutwa) or any other person, other than the applicant, until all customary law formalities and the relevant statutory law relating to the succession of the late Chief Kisco Liswani Maiba III have been fully complied with."
Succession battle heats up
Further, Maiba is asking that the court declare the minister's letter, approving the designation of Mutwa as chief, as invalid and unlawful.
He is not the only contender for the Masubia throne challenging Sankwasa’s decision in court. Fredrick Nalisa Nalisa, with the support of Masubia Princess Sehwe Maiba, the only surviving sister of the late chief, has also approached the High Court.
Represented by Tshuka Luvindao of Dr Weder, Kauta & Hoveka Incorporated, the duo are also seeking to have Sankwasa’s decision set aside and declared illegal and unlawful.
Princess Maiba, meanwhile, is demanding that she be granted the right to designate the next chief of the traditional authority.
In her affidavit, she asserts that Nalisa is the rightful heir to the throne.
Liswani III and his late wife died after contracting the Covid-19 virus, which gave rise to the protracted succession dispute.
The matter was taken up by the urban and rural development ministry, which at one point appointed a committee to investigate the succession issue.
Hearings were held from 5 to 18 December 2022 and again from 15 to 20 May 2023.
Mutwa is the eldest son of late Masubia chief Josiah Mutwa Moraliswani II, who died in 1996 and was replaced by his brother.
[email protected]
In a letter dated 7 April, Sankwasa informed the traditional authority's senior counsellor, Ngambela Albius Kamwi, that he had approved the application of Mutwa to become the chief of the Masubia tribe.
The Masubia have been without a chief since the passing of Kisco Maiba Liswani III, who died in July 2021.
However, Trevor Chiswaniso Maiba, the late chief's son and one of several contenders for the vacant royal seat, did not take Sankwasa’s decision lightly.
On 29 April, he filed a High Court application seeking to have Mutwa’s designation set aside.
The Masubia Traditional Authority and Mutwa are named as respondents in the case.
Maiba is represented by Ntelamo Ntelamo from Ntelamo & Associates Incorporated.
In court papers, Maiba argues that Mutwa’s designation did not comply with Masubia customary law. He is asking the court to nullify the designation and to interdict the planned coronation.
The application asks that the court interdict or restrain the respondents from "conducting any activities relating to the swearing in of the third respondent (Mutwa) or any other person, other than the applicant, until all customary law formalities and the relevant statutory law relating to the succession of the late Chief Kisco Liswani Maiba III have been fully complied with."
Succession battle heats up
Further, Maiba is asking that the court declare the minister's letter, approving the designation of Mutwa as chief, as invalid and unlawful.
He is not the only contender for the Masubia throne challenging Sankwasa’s decision in court. Fredrick Nalisa Nalisa, with the support of Masubia Princess Sehwe Maiba, the only surviving sister of the late chief, has also approached the High Court.
Represented by Tshuka Luvindao of Dr Weder, Kauta & Hoveka Incorporated, the duo are also seeking to have Sankwasa’s decision set aside and declared illegal and unlawful.
Princess Maiba, meanwhile, is demanding that she be granted the right to designate the next chief of the traditional authority.
In her affidavit, she asserts that Nalisa is the rightful heir to the throne.
Liswani III and his late wife died after contracting the Covid-19 virus, which gave rise to the protracted succession dispute.
The matter was taken up by the urban and rural development ministry, which at one point appointed a committee to investigate the succession issue.
Hearings were held from 5 to 18 December 2022 and again from 15 to 20 May 2023.
Mutwa is the eldest son of late Masubia chief Josiah Mutwa Moraliswani II, who died in 1996 and was replaced by his brother.
[email protected]
Comments
Namibian Sun
No comments have been left on this article