Kapika showdown intensifies

Judge Shafimana Ueitele on Wednesday ordered that President Hage Geingob be cited as a respondent to the dispute between Mutaambanda Kapika and the urban and rural development minister, along with three other respondents. The applicant in the matter Mutaambanda Kapika is aggrieved by the decision of the minister of urban and rural development to recognise and validate the designation of Ovahimba chief Hikuminue Kapika as the head of the Ombuku traditional community and seeks to have that decision reviewed and set aside or declared null and void. He approached the High Court in his personal capacity as a member of the Ombuku community as well as a nominated and elected chief of the traditional council. Mutaambanda argued he has a direct interest in the chieftainship of the Ombuku traditional community and is prejudiced by the decision of the minister. His lawyer, Willem Odendaal, argued Mutaambanda was nominated and elected by the Ombuku people prior to the government's designation and therefore has a substantial interest in the decision-making processes regarding the election and nomination of leadership within the community structures. The grievances against chief Kapika of the Kapika Royal House to have him removed as head of the community started because he allegedly sold the Baynes area to government to construct a hydro-electric power station. Chief Kapika had in 2014 received backing from the paternal line of the Ovakuendata clan to retain his chieftaincy, instead of his competing half-brother Mutaambanda. Only members of the family's paternal clan decide on the succession and dethroning of chiefs. This was the resolution of the Ovakuendata at their meeting in May 2014 at the Okangwati village, about 110km north of Opuwo. However, some senior traditional councillors in support of the chief's half-brother are not in favour of having chief Kapika as their leader. They broke away from the chief to support his half-brother Mutaambanda and do not want to be united under the Kapika Royal House. The said meeting was held to look into demands by a group of community members who had held a demonstration to demand the removal of Kapika in 2014. The group had also claimed that Kapika had joined Swapo and was chasing people from his homestead where he was being protected by police officers. Odendaal argued this demonstrates that Kapika abandoned the community and created uncertainty within the community. Mutaambanda further alleged Kapika was well aware of the dispute of chieftainship before his application for recognition and designation was made and accordingly, cannot suffer prejudice. In March 2015, the urban and rural development minister, Sophia Shaningwa, after much dispute about the legality of the traditional community established a committee consisting mainly of members of the National Traditional Council to investigate whether the Ombuku traditional community had met the recognition requirements as stipulated in the Act. When the investigation report had been compiled and was given to her, she repeated the findings and recommendations as her own. “It was incorporated directly into her letter advising Hikuminue and his agent that their application was successful based on those findings and recommendations,” Odendaal argued. He maintained that she did not exercise her discretion independently as required by the Traditional Authorities Act. The findings and recommendations were made by the investigation committee. He argued the delegation of the decision-making powers of the minister is unlawful and therefore void. Odendaal maintains that while the minister maintained the investigation committee considered the customary laws and came to her conclusion and recommendations, its report reflected many anomalies in the process of conducting the inquiry with a number of people interviewed in relation to the total community. Allegedly 100 out of 6 000 people were interviewed. The matter was postponed to 11 October. FRED GOEIEMAN

Kapika showdown intensifies

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Namibian Sun 2026-01-02

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Kapika showdown intensifies

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Namibian Sun 2026-01-02

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