Not enough evidence to remove Mbambo, State argues

The State says those who want Hambukushu chief Erwin Munika Mbambo removed from the throne have not produced enough evidence for the court to consider their wish.

The Windhoek High Court will on 30 January 2023 make a ruling on an absolution application brought by the State in which it argued that the plaintiff, Cassius Mukennah, did not prove that he has a case against Mbambo and the Hambukushu traditional authority.

Mukennah wants government to rescind its recognition of Mbambo as the head of the traditional authority.

However, when he concluded his case on 28 September, the State decided to make an absolution application based on the instance that the court ordered the parties to make their heads of argument by 30 September.

Both parties pleaded their case on the said date, while judge Esi Schimming-Chase postponed the matter to next January for a ruling.

Unjust

The test for absolution from the instance is whether the plaintiff provided evidence upon which a court can consider.

“We submit that there is no evidence upon which the honourable court can grant the order sought by the plaintiffs in this matter, unless the honourable court is satisfied that section 8 (1) was complied with - that there was a good cause for the removal of the chief,” the defendants argued.

“We submit that it will be unjust to grant an order in terms whereof the minister of urban and rural development [Erastus Uutoni] can be directed to notify the president of Namibia [Hage Geingob] of Chief Ervin Munika Mbambo’s removal as chief of the traditional authority and for the president to recognise - by way of proclamation in the Government Gazette - the alleged removal of the chief.”

Not fit to lead

However, in their heads of argument, the plaintiffs maintained that they presented evidence that warrants Mbambo’s removal.

Government, the Hambukushu traditional authority and Mbambo are the respondents in the case. The other plaintiff in the matter is Angelika Thirudhi.

Mukennah, who is a member of the Hambukushu royal family and the chairperson of a committee that aims to remove Mbambo, argued that the chief is not fit to lead the tribe.

The plaintiffs also said Mbambo mismanages the community’s resources, is dictatorial and has failed to promote peace and welfare in the community.

Namibian Sun previously reported that on 7 November 2018, the committee conducted a referendum about Mbambo's chieftaincy. It claimed that of the 2 931 people who participated, 2 705 votes were cast against him.

The committee has also accused the chief of blocking much-needed development.

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