King turns to courts to oust rivals
Ondonga King Immanuel Kauluma Elifas has turned to the courts in a bid to wrestle control of the traditional authority from a dismissed grouping who continue to manage the affairs of the tribal community, including administering the traditional court and collecting levies.
The Ondonga Traditional Authority reportedly finds itself in a perilous financial status amid reports of missing money and the community's refusal to pay their dues to the new leadership, which is not formally recognised by central government.
Instead the community prefers to pay levies to the dismissed councillors led by Fillemon Shuumbwa Nangolo, who despite rumblings from within the royal family, is still gazetted as the heir apparent to the Ondonga throne. Nangolo and the dismissed councillors are currently operating from an office at Oniipa and reportedly enjoy the support of the justice ministry, while the old office, which is run by an interim leadership, continues to operate from Oluno with the king's blessings. A senior traditional councillor Naeman Amalwa, who is acting on behalf of Elifas, has now lodged a formal application in the High Court, requesting the court to order the dismissed councillors from performing any duties within the Ondonga jurisdiction.
In an affidavit filed on 22 May, Amalwa argued Nangolo and the six dismissed leaders continue to defy and undermine the powers and authority of the Ondonga king.
Elifas got rid of some of his long-serving top aides like Peter Kauluma and former OTA spokesperson Joseph Asino after a fallout over the royal succession issue.
Senior headman John Walenga and former Oshikoto governor Vilho Kamanya were also expelled from the traditional authority.
The other dismissed councillors are Kashona kaMalulu, Tonata Ngulu and Fillemon Nambili. The dismissed leaders are still gazetted and recognised by the authorities.
Meanwhile, Amalwa now claims he has been appointed as the king's deputy. “I confirm that, I have been authorised by the first applicant (the king) to speak on his behalf and every averment that I make in this affidavit that relates to him is in fact his averment and must be taken and construed as such. In accordance with the powers vested in the king under the Act and the Ondonga Customary Law, he appointed me on the 27 April 2017 to be his assistant,” Amalwa said.
“This is the position that was previously held by first respondent (Nangolo), until his appointment was revoked. When the king appointed me as aforesaid, he notified the entire Ondonga royal family, the deputy chairpersons of the eight traditional authorities in the northern part of Namibia and the entire officers of the central government of the Republic of Namibia.”
According to Amalwa, traditional households residing within the Ondonga jurisdiction are obliged to pay levies to the traditional authority. He said these levies are collected by employees of the traditional authority. The purpose of the levies, Amalwa said, includes maintaining the day-to-day operations of the traditional authority such as paying for salaries, allowances for senior and ordinary councillors.
“The applicable levy is N$20 per household which is paid to OTA and other than OTA members or their duly authorised delegate, no other member of the community is authorised or allowed to demand or solicit and or receive traditional levy or tax from the members of the community. I point out that these seven respondents unlawfully and without OTA authority instructed members of the community to pay traditional levies at their illegal office at Oniipa. They have no legal authority to order members of the community to pay traditional levy to their illegal office,” Amalwa claimed.
“On behalf of the king I am therefore seeking for an order interdicting and restraining these respondents or any one of them from purporting to and or exercising any traditional authority jurisdiction and or customary law jurisdiction over the members or any member of the Ondonga Traditional Community in contravention of the Traditional Authority Act, Act No.25 of 2000 as amended.”
Amalwa also wants the court to grant an order directing urban and rural development minister Peya Mushelenga to de-gazette the dismissed councillors as leaders of the traditional authority.
ILENI NANDJATO
The Ondonga Traditional Authority reportedly finds itself in a perilous financial status amid reports of missing money and the community's refusal to pay their dues to the new leadership, which is not formally recognised by central government.
Instead the community prefers to pay levies to the dismissed councillors led by Fillemon Shuumbwa Nangolo, who despite rumblings from within the royal family, is still gazetted as the heir apparent to the Ondonga throne. Nangolo and the dismissed councillors are currently operating from an office at Oniipa and reportedly enjoy the support of the justice ministry, while the old office, which is run by an interim leadership, continues to operate from Oluno with the king's blessings. A senior traditional councillor Naeman Amalwa, who is acting on behalf of Elifas, has now lodged a formal application in the High Court, requesting the court to order the dismissed councillors from performing any duties within the Ondonga jurisdiction.
In an affidavit filed on 22 May, Amalwa argued Nangolo and the six dismissed leaders continue to defy and undermine the powers and authority of the Ondonga king.
Elifas got rid of some of his long-serving top aides like Peter Kauluma and former OTA spokesperson Joseph Asino after a fallout over the royal succession issue.
Senior headman John Walenga and former Oshikoto governor Vilho Kamanya were also expelled from the traditional authority.
The other dismissed councillors are Kashona kaMalulu, Tonata Ngulu and Fillemon Nambili. The dismissed leaders are still gazetted and recognised by the authorities.
Meanwhile, Amalwa now claims he has been appointed as the king's deputy. “I confirm that, I have been authorised by the first applicant (the king) to speak on his behalf and every averment that I make in this affidavit that relates to him is in fact his averment and must be taken and construed as such. In accordance with the powers vested in the king under the Act and the Ondonga Customary Law, he appointed me on the 27 April 2017 to be his assistant,” Amalwa said.
“This is the position that was previously held by first respondent (Nangolo), until his appointment was revoked. When the king appointed me as aforesaid, he notified the entire Ondonga royal family, the deputy chairpersons of the eight traditional authorities in the northern part of Namibia and the entire officers of the central government of the Republic of Namibia.”
According to Amalwa, traditional households residing within the Ondonga jurisdiction are obliged to pay levies to the traditional authority. He said these levies are collected by employees of the traditional authority. The purpose of the levies, Amalwa said, includes maintaining the day-to-day operations of the traditional authority such as paying for salaries, allowances for senior and ordinary councillors.
“The applicable levy is N$20 per household which is paid to OTA and other than OTA members or their duly authorised delegate, no other member of the community is authorised or allowed to demand or solicit and or receive traditional levy or tax from the members of the community. I point out that these seven respondents unlawfully and without OTA authority instructed members of the community to pay traditional levies at their illegal office at Oniipa. They have no legal authority to order members of the community to pay traditional levy to their illegal office,” Amalwa claimed.
“On behalf of the king I am therefore seeking for an order interdicting and restraining these respondents or any one of them from purporting to and or exercising any traditional authority jurisdiction and or customary law jurisdiction over the members or any member of the Ondonga Traditional Community in contravention of the Traditional Authority Act, Act No.25 of 2000 as amended.”
Amalwa also wants the court to grant an order directing urban and rural development minister Peya Mushelenga to de-gazette the dismissed councillors as leaders of the traditional authority.
ILENI NANDJATO
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