Court to rule on King Elifas testimony
The Oshakati High Court is to decide whether King Immanuel Kauluma Elifas will have to give oral evidence in a matter in which senior Ondonga leaders are challenging their dismissal.
The matter was postponed until 3 September for a decision by Judge Maphios Cheda. The dismissed leaders, through their lawyer Elize Angula, assisted by George Coleman, made a submission yesterday that King Elifas must give oral evidence.
However, the king's lawyer, Elia Shikongo, assisted by Sandra Miller, objected on the grounds that the applicants wanted to test his mental capabilities. Coleman told the court the dismissed Ondonga Traditional Authority (OTA) leaders have not had access to the king, which made them suspicious that the decision to dismiss them had been influenced by others. A stamp was used by the traditional authority in the correspondence that announced their dismissal and the hiring of new councillors, he said.
“It was clearly presented that the king authored the dismissal letters that were presented to the traditional councillors and he also read and understood the affidavit that was filed at the court, as he signed it.”
Coleman said further the traditional councillors were of the view that the king did not make the decision to dismiss them and did not write the dismissal letters on his own.
“Therefore, this matter can only be resolved if the king is invited to court to give oral evidence.”
Shikongo, however, said the applicants wanted to test the king's mental and decision-making abilities, and whether he is fit to manage the traditional authority and exercise customary law. He said this is not the first time they are trying doing so, as they also tried this unsuccessfully in the Windhoek High Court.
“Their submission is based on suspicions, therefore it must be dismissed. The court is not qualified to test a person's mental abilities and if they want to do so they must not use the court. Only experts can assess someone's capabilities,” said Shikongo. “It is not appropriate for an 84-year-old person to be brought to court to testify.”
In July last year, King Elifas ordered the dismissal of the traditional councillors. They are former traditional authority chairperson Peter Kauluma, former spokesperson Joseph Asino, the senior headman for the Ondangwa district, John Walenga, former Oshikoto governor Vilho Kamanya, Kashona kaMalulu, Tonata Ngulu and Fillemon Nambili.
The dismissed councillors remain the gazetted traditional leaders of the Ondonga community and they are currently operating from Onethindi as community court justices and assessors, under the justice ministry.
ILENI NANDJATO
The matter was postponed until 3 September for a decision by Judge Maphios Cheda. The dismissed leaders, through their lawyer Elize Angula, assisted by George Coleman, made a submission yesterday that King Elifas must give oral evidence.
However, the king's lawyer, Elia Shikongo, assisted by Sandra Miller, objected on the grounds that the applicants wanted to test his mental capabilities. Coleman told the court the dismissed Ondonga Traditional Authority (OTA) leaders have not had access to the king, which made them suspicious that the decision to dismiss them had been influenced by others. A stamp was used by the traditional authority in the correspondence that announced their dismissal and the hiring of new councillors, he said.
“It was clearly presented that the king authored the dismissal letters that were presented to the traditional councillors and he also read and understood the affidavit that was filed at the court, as he signed it.”
Coleman said further the traditional councillors were of the view that the king did not make the decision to dismiss them and did not write the dismissal letters on his own.
“Therefore, this matter can only be resolved if the king is invited to court to give oral evidence.”
Shikongo, however, said the applicants wanted to test the king's mental and decision-making abilities, and whether he is fit to manage the traditional authority and exercise customary law. He said this is not the first time they are trying doing so, as they also tried this unsuccessfully in the Windhoek High Court.
“Their submission is based on suspicions, therefore it must be dismissed. The court is not qualified to test a person's mental abilities and if they want to do so they must not use the court. Only experts can assess someone's capabilities,” said Shikongo. “It is not appropriate for an 84-year-old person to be brought to court to testify.”
In July last year, King Elifas ordered the dismissal of the traditional councillors. They are former traditional authority chairperson Peter Kauluma, former spokesperson Joseph Asino, the senior headman for the Ondangwa district, John Walenga, former Oshikoto governor Vilho Kamanya, Kashona kaMalulu, Tonata Ngulu and Fillemon Nambili.
The dismissed councillors remain the gazetted traditional leaders of the Ondonga community and they are currently operating from Onethindi as community court justices and assessors, under the justice ministry.
ILENI NANDJATO
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