Hikuminue Kapika continues battle for chieftaincy
The High Court has ruled that the minister of urban and rural development had no business in choosing a leader for the Ombuku community.
Hikuminue Kapika has indicated that he will appeal a High Court decision to strip him of his chieftaincy of the Kapika Traditional Authority as he continues to lobby for the Baynes hydro-electric dam project.
He lost a court challenge for the chieftaincy to his younger brother, Mutaambanda Kapika, when the High Court set aside a decision by the former minister of urban and rural development, Sophia Shaningwa, to install him as chief.
At the heart of the court challenge was Hikuminue's U-turn on the proposed Baynes hydro-electric dam when he, after having been against the construction of the dam, gave permission for the project to go ahead despite his people's opposition to it.
Mutaambanda had first approached the High Court in August 2017 to challenge then minister Shaningwa's decision to designate Hikuminue as chief.
Mutaambanda maintained that he was duly elected as the new traditional chief in March 2014 after Hikuminue's removal from that position he has held since 1982.
High Court judge Shafimana Ueitele in his judgement said while it appears that Hikuminue had led his community with honour since 1982, certain events during 2013 and 2014 had “disturbed” his leadership.
In the judgement it is alleged that three businessmen – Unotjari Katjimune, Mervin Hengari and Justice Tjirimuje – have approached Hikuminue on several occasions to get his approval for the construction project. It is alleged that the three businessmen had arranged a chief's delegation to visit hydro-electric projects in China.
The delegation had returned to Epupa from China during November 2013 and when Hikuminue was supposed to have a meeting with his community on the matter, he reportedly disappeared for a month and was later traced to one of the businessmen's farms, Farm Omuserakuumba in the Okahandja district.
When confronted on his 'abandonment', Hikuminue reportedly said he needed time to recuperate and only returned to Epupa during March 2014.
On his return to Epupa he was guarded by about 15 police officers and he allegedly refused to speak to his community leaders and desisted from having any meetings. It was alleged that he then also refused to meet with his councillors, which effectively meant a dismissal of the traditional councillors.
During that time he appeared on NBC to declare that he would no longer oppose the construction of the dam.
In response elders in the Ombuku traditional community during March 2014 called a public meeting at Omuhonga, allegedly attended by 625 people, where it was resolved that Hikuminue would be removed as chief.
Mutaambanda, after having been elected as the new chief, applied to be recognised by the minister in March 2015.
Shaningua did not respond to this application and instead arranged for Hikuminue's inauguration as chief in April 2016 since Hikuminue up to that point was never officially been recognised by the Namibian government. His designation was gazetted for the first time in June 2016.
Mutaambanda maintained in his court challenge that Shaningua had not considered the customary laws and norms regulating succession in the Ombuku community in her appointment of Hikuminue as its chief because she did not consult the traditional community on the matter.
Judge Ueitele in his judgement said at the time when Mutaambanda had applied to be recognised as chief there was in fact no “sitting chief” of the Ombuku community.
CATHERINE SASMAN
He lost a court challenge for the chieftaincy to his younger brother, Mutaambanda Kapika, when the High Court set aside a decision by the former minister of urban and rural development, Sophia Shaningwa, to install him as chief.
At the heart of the court challenge was Hikuminue's U-turn on the proposed Baynes hydro-electric dam when he, after having been against the construction of the dam, gave permission for the project to go ahead despite his people's opposition to it.
Mutaambanda had first approached the High Court in August 2017 to challenge then minister Shaningwa's decision to designate Hikuminue as chief.
Mutaambanda maintained that he was duly elected as the new traditional chief in March 2014 after Hikuminue's removal from that position he has held since 1982.
High Court judge Shafimana Ueitele in his judgement said while it appears that Hikuminue had led his community with honour since 1982, certain events during 2013 and 2014 had “disturbed” his leadership.
In the judgement it is alleged that three businessmen – Unotjari Katjimune, Mervin Hengari and Justice Tjirimuje – have approached Hikuminue on several occasions to get his approval for the construction project. It is alleged that the three businessmen had arranged a chief's delegation to visit hydro-electric projects in China.
The delegation had returned to Epupa from China during November 2013 and when Hikuminue was supposed to have a meeting with his community on the matter, he reportedly disappeared for a month and was later traced to one of the businessmen's farms, Farm Omuserakuumba in the Okahandja district.
When confronted on his 'abandonment', Hikuminue reportedly said he needed time to recuperate and only returned to Epupa during March 2014.
On his return to Epupa he was guarded by about 15 police officers and he allegedly refused to speak to his community leaders and desisted from having any meetings. It was alleged that he then also refused to meet with his councillors, which effectively meant a dismissal of the traditional councillors.
During that time he appeared on NBC to declare that he would no longer oppose the construction of the dam.
In response elders in the Ombuku traditional community during March 2014 called a public meeting at Omuhonga, allegedly attended by 625 people, where it was resolved that Hikuminue would be removed as chief.
Mutaambanda, after having been elected as the new chief, applied to be recognised by the minister in March 2015.
Shaningua did not respond to this application and instead arranged for Hikuminue's inauguration as chief in April 2016 since Hikuminue up to that point was never officially been recognised by the Namibian government. His designation was gazetted for the first time in June 2016.
Mutaambanda maintained in his court challenge that Shaningua had not considered the customary laws and norms regulating succession in the Ombuku community in her appointment of Hikuminue as its chief because she did not consult the traditional community on the matter.
Judge Ueitele in his judgement said at the time when Mutaambanda had applied to be recognised as chief there was in fact no “sitting chief” of the Ombuku community.
CATHERINE SASMAN
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