Seibeb vows legal fight as Sankwasa moves to unseat him
Daure Daman chief Zacharias Seibeb has threatened to haul urban and rural development minister Sankwasa James Sankwasa before the High Court if he proceeds with plans to de-gazette him.
This follows a 25 September letter of demand from Seibeb’s lawyers, M. Ikanga & Associates, which challenges the minister’s 22 September notice of de-gazetting as unlawful.
“Article 18 of the Namibian Constitution expressly requires administrative officials to act fairly and reasonably, in compliance with the law, and to afford affected persons the principles of natural justice, including the right to be heard,” the lawyers wrote.
They demanded that Sankwasa retract his notice and halt the de-gazetting process within 21 days, or face a court challenge. “Failing which, our client will have no option but to approach the High Court of Namibia for appropriate relief, including the review and setting aside of your unlawful actions, with an attendant claim for costs,” the letter warns.
Mining tensions at play
Last week Namibian Sun reported that the move to strip Seibeb of recognition appears to align with the interests of conservation businesses opposed to his support for mining in the area. Some of these businesses have allegedly been fuelling protests in the Daure Daman community to oust Seibeb and replace him with a more pliant leader.
In his 22 September letter, Sankwasa said his decision was based on the outcome of a 4 June consultative meeting aimed at addressing disputes between Seibeb’s traditional authority and sections of the community.
“Please be informed that the ministry has commenced with the de-gazetting process in accordance with Section 8(1) of the Traditional Authorities Act, 2000, following a formal petition submitted by the Daure Daman Traditional Community,” Sankwasa wrote.
Lawyers dismiss petition
Seibeb’s lawyers argue that a petition is insufficient grounds for a chief’s removal under either customary law or the Traditional Authorities Act.
“From your communication, it is apparent that your office acted on the basis of a petition submitted by a group of community members, alleging dissatisfaction with our client’s leadership. These allegations were refuted by our client at the 4 June meeting,” they wrote.
They maintain that only members of the traditional community, acting in line with customary law, may remove a chief. “Nowhere in Section 8 does the Act confer upon the minister the authority to initiate a de-gazetting process,” the lawyers said.
De-gazetting an incumbent chief is considered rare and extraordinary.
A divided community
Seibeb was gazetted in 2017 by then-minister Peya Mushelenga following the death of long-serving chief Elias Taniseb. He maintains that Taniseb had publicly nominated him as successor before his death and that records exist to prove it.
He has attributed the latest turmoil to a faction of the community opposed to mining. “I am a firm supporter of government’s efforts to create jobs for the youth. The land is idle, and there is no good reason to block development. More than 100 Exclusive Prospecting Licences are in my area, yet none has started operations,” Seibeb said, adding that three existing mines employ up to 300 locals.
Following Sankwasa’s notice, elections were held on 12 August, where former teacher Issaskar Tourob was overwhelmingly endorsed, with 403 of 410 votes in his favour. Seibeb has dismissed the process as invalid, arguing it violated customary law.
Rare move by minister
Since taking office in March, Sankwasa has handled several succession disputes, including in the Masubia community in Zambezi and among the Uukwangali in Kavango West. However, in those cases his role was limited to recognising leaders chosen by the community, rather than attempting to strip a sitting chief of recognition.
Attempts to obtain comment from Sankwasa yesterday were unsuccessful.
This follows a 25 September letter of demand from Seibeb’s lawyers, M. Ikanga & Associates, which challenges the minister’s 22 September notice of de-gazetting as unlawful.
“Article 18 of the Namibian Constitution expressly requires administrative officials to act fairly and reasonably, in compliance with the law, and to afford affected persons the principles of natural justice, including the right to be heard,” the lawyers wrote.
They demanded that Sankwasa retract his notice and halt the de-gazetting process within 21 days, or face a court challenge. “Failing which, our client will have no option but to approach the High Court of Namibia for appropriate relief, including the review and setting aside of your unlawful actions, with an attendant claim for costs,” the letter warns.
Mining tensions at play
Last week Namibian Sun reported that the move to strip Seibeb of recognition appears to align with the interests of conservation businesses opposed to his support for mining in the area. Some of these businesses have allegedly been fuelling protests in the Daure Daman community to oust Seibeb and replace him with a more pliant leader.
In his 22 September letter, Sankwasa said his decision was based on the outcome of a 4 June consultative meeting aimed at addressing disputes between Seibeb’s traditional authority and sections of the community.
“Please be informed that the ministry has commenced with the de-gazetting process in accordance with Section 8(1) of the Traditional Authorities Act, 2000, following a formal petition submitted by the Daure Daman Traditional Community,” Sankwasa wrote.
Lawyers dismiss petition
Seibeb’s lawyers argue that a petition is insufficient grounds for a chief’s removal under either customary law or the Traditional Authorities Act.
“From your communication, it is apparent that your office acted on the basis of a petition submitted by a group of community members, alleging dissatisfaction with our client’s leadership. These allegations were refuted by our client at the 4 June meeting,” they wrote.
They maintain that only members of the traditional community, acting in line with customary law, may remove a chief. “Nowhere in Section 8 does the Act confer upon the minister the authority to initiate a de-gazetting process,” the lawyers said.
De-gazetting an incumbent chief is considered rare and extraordinary.
A divided community
Seibeb was gazetted in 2017 by then-minister Peya Mushelenga following the death of long-serving chief Elias Taniseb. He maintains that Taniseb had publicly nominated him as successor before his death and that records exist to prove it.
He has attributed the latest turmoil to a faction of the community opposed to mining. “I am a firm supporter of government’s efforts to create jobs for the youth. The land is idle, and there is no good reason to block development. More than 100 Exclusive Prospecting Licences are in my area, yet none has started operations,” Seibeb said, adding that three existing mines employ up to 300 locals.
Following Sankwasa’s notice, elections were held on 12 August, where former teacher Issaskar Tourob was overwhelmingly endorsed, with 403 of 410 votes in his favour. Seibeb has dismissed the process as invalid, arguing it violated customary law.
Rare move by minister
Since taking office in March, Sankwasa has handled several succession disputes, including in the Masubia community in Zambezi and among the Uukwangali in Kavango West. However, in those cases his role was limited to recognising leaders chosen by the community, rather than attempting to strip a sitting chief of recognition.
Attempts to obtain comment from Sankwasa yesterday were unsuccessful.
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