VaGciriku chief dispute back in Uutoni's hands
Minister must make decision within a reasonable time
The court has found it is premature to intervene in the chieftainship dispute.
The Windhoek High Court ruled last week that it would be premature for it to decide on the VaGiricku chieftainship dispute while there is an ongoing ministerial process aimed at dealing with the matter.
High Court Judge Nate Ndauendapo, who partly dismissed the case brought by the applicant and VaGiricku chieftainship candidate Felix Muraghuli Mashika, ruled that he is unable to make a ruling on the main application.
He dismissed the interlocutory application with costs.
"In the result, I make the following order: the main application is stayed pending the outcome of the minister’s pronouncement. The interlocutory application is refused with costs,” the court ruled.
In the hands of the minister
Ndauendapo said that the court can best attend to the matter once urban and rural development minister, Erastus Uutoni, has made a pronouncement.
"I agree with the counsel of the respondents. This application is prematurely before court and can only be properly considered by this court once the minister has pronounced himself on the issue," the ruling reads.
"The applicant must await the findings and recommendations of the investigating committee and the minister’s pronouncement on the recommendations made."
The judge added, however, that "in the event that the minister fails to make his decision within a reasonable time, the applicant may approach this court to compel the minister to make his decision in terms of the Act."
The case was postponed to 27 September for the outcome of the minister’s pronouncement.
Ascension matter
Mashika approached the High Court to challenge the legality of Kavango East governor Bonifatius Wakudumo’s refusal to sign his chieftainship application.
Mashika is seeking to ascend to the Gciriku traditional authority throne following the death of his grandfather, the late chief Kassian Shiyambi, in November 2019.
The VaGciriku community has been without a leader ever since. Mashika turned to the court to compel Wakudumo to sign the form or to approve an alternative means of obtaining a signature for his application, such as allowing another region’s governor to sign it and forward it to the line ministry for consideration.
Another alternative proposed by Mashika is for the Kavango East deputy sheriff to be accorded the powers to sign the application.
Uutoni has also appointed an investigative committee to determine who the rightful heir to the VaGiricku throne is since more than one application was received.
The other candidates are Bartholomeus Aruvitha Kayoka and former ambassador to Austria, Simon Maruta.
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High Court Judge Nate Ndauendapo, who partly dismissed the case brought by the applicant and VaGiricku chieftainship candidate Felix Muraghuli Mashika, ruled that he is unable to make a ruling on the main application.
He dismissed the interlocutory application with costs.
"In the result, I make the following order: the main application is stayed pending the outcome of the minister’s pronouncement. The interlocutory application is refused with costs,” the court ruled.
In the hands of the minister
Ndauendapo said that the court can best attend to the matter once urban and rural development minister, Erastus Uutoni, has made a pronouncement.
"I agree with the counsel of the respondents. This application is prematurely before court and can only be properly considered by this court once the minister has pronounced himself on the issue," the ruling reads.
"The applicant must await the findings and recommendations of the investigating committee and the minister’s pronouncement on the recommendations made."
The judge added, however, that "in the event that the minister fails to make his decision within a reasonable time, the applicant may approach this court to compel the minister to make his decision in terms of the Act."
The case was postponed to 27 September for the outcome of the minister’s pronouncement.
Ascension matter
Mashika approached the High Court to challenge the legality of Kavango East governor Bonifatius Wakudumo’s refusal to sign his chieftainship application.
Mashika is seeking to ascend to the Gciriku traditional authority throne following the death of his grandfather, the late chief Kassian Shiyambi, in November 2019.
The VaGciriku community has been without a leader ever since. Mashika turned to the court to compel Wakudumo to sign the form or to approve an alternative means of obtaining a signature for his application, such as allowing another region’s governor to sign it and forward it to the line ministry for consideration.
Another alternative proposed by Mashika is for the Kavango East deputy sheriff to be accorded the powers to sign the application.
Uutoni has also appointed an investigative committee to determine who the rightful heir to the VaGiricku throne is since more than one application was received.
The other candidates are Bartholomeus Aruvitha Kayoka and former ambassador to Austria, Simon Maruta.
[email protected]
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