Lawyers accused of misconduct
Shikongo Law Chambers should not have represented the Ondonga king, whose mental state has been questioned.
Elia Shikongo of Shikongo Law Chambers is taking serious exception to an accusation by NamRights' Phil ya Nangoloh that his practice under no circumstances could have legally represented Ondonga king Immanuel Kauluma Elifas.
Ya Nangoloh accuses Shikongo, Sandra Miller and Melvin Nyambe of having conducted themselves in an unprofessional, dishonest and unworthy manner.
This matter relates to a court challenge brought by six dismissed traditional councillors of the Ondonga Traditional Authority (OTA).
In a sworn affidavit Ya Nangoloh claims the legal practitioners could not have legally represented the king (84) in the matter, asserting that the king for all intents and purposes is non compos mentis, or not in a mental or physical state to make lawful decisions or give legal instructions to anyone. He lodged his complaint with the Law Society of Namibia (LAN) and the disciplinary committee of the ministry of justice.
Ya Nangoloh said Shikongo had in the High Court hearing in August “intentionally and misleadingly” submitted that he was in direct contact and consultation with the king.
“This cover-up has very grave legal, moral and social consequences for all concerned,” he submitted, and suggested that the legal practitioners be scrapped from the High Court roll if found guilty.
High Court Judge Maphios Cheda ruled in August that the king should personally appear before the court to give oral testimony, which caused a public outcry from members of the traditional community.
Shikongo's initial reaction to Ya Nangoloh's charges is that Ya Nangoloh “has too much time on his hands”. Shikongo said his firm had not yet received any correspondence from LAN regarding the allegation, which he said was significant.
“[One] would have expected a complainant purporting to be familiar with due process to first communicate and/or engage with the subject matter of his complaint before recklessly processing unfounded claims,” Shikongo said. Shikongo said they are representing the king and the OTA councillors on instructions of the Government Attorney, and added that only a court can declare a person non compos mentis, which he said did not happen. “It follows that the complainant has no legal or factual basis for his vexatious and malicious complaint and particularly his bold assertion that the king is non compos mentis,” Shikongo said. He said as legal representatives they have no interest whatsoever in the dispute between the opposing parties and would, therefore, not have an interest in the outcome of the court proceedings.
“It is, on the other hand, public knowledge that the complainant, Mr Ya Nangoloh, has opted to align himself with the dismissed councillors, as would be his right.
“He seems, however, to have taken it one step further on the eve of the pending application for leave of appeal in the High Court to also recklessly and in a highly defamatory fashion attack our integrity as legal representatives,” Shikongo said.
Shikongo said they would consider their response to Ya Nangoloh's “false charges”. Ya Nangoloh said he had the moral and social duty to file a complaint and hoped that it would be impartially investigated as requested. He denied having aligned himself with any of the opposing parties, and said the LAN must be given the duty to investigate his complaint.
Ya Nangoloh accuses Shikongo, Sandra Miller and Melvin Nyambe of having conducted themselves in an unprofessional, dishonest and unworthy manner.
This matter relates to a court challenge brought by six dismissed traditional councillors of the Ondonga Traditional Authority (OTA).
In a sworn affidavit Ya Nangoloh claims the legal practitioners could not have legally represented the king (84) in the matter, asserting that the king for all intents and purposes is non compos mentis, or not in a mental or physical state to make lawful decisions or give legal instructions to anyone. He lodged his complaint with the Law Society of Namibia (LAN) and the disciplinary committee of the ministry of justice.
Ya Nangoloh said Shikongo had in the High Court hearing in August “intentionally and misleadingly” submitted that he was in direct contact and consultation with the king.
“This cover-up has very grave legal, moral and social consequences for all concerned,” he submitted, and suggested that the legal practitioners be scrapped from the High Court roll if found guilty.
High Court Judge Maphios Cheda ruled in August that the king should personally appear before the court to give oral testimony, which caused a public outcry from members of the traditional community.
Shikongo's initial reaction to Ya Nangoloh's charges is that Ya Nangoloh “has too much time on his hands”. Shikongo said his firm had not yet received any correspondence from LAN regarding the allegation, which he said was significant.
“[One] would have expected a complainant purporting to be familiar with due process to first communicate and/or engage with the subject matter of his complaint before recklessly processing unfounded claims,” Shikongo said. Shikongo said they are representing the king and the OTA councillors on instructions of the Government Attorney, and added that only a court can declare a person non compos mentis, which he said did not happen. “It follows that the complainant has no legal or factual basis for his vexatious and malicious complaint and particularly his bold assertion that the king is non compos mentis,” Shikongo said. He said as legal representatives they have no interest whatsoever in the dispute between the opposing parties and would, therefore, not have an interest in the outcome of the court proceedings.
“It is, on the other hand, public knowledge that the complainant, Mr Ya Nangoloh, has opted to align himself with the dismissed councillors, as would be his right.
“He seems, however, to have taken it one step further on the eve of the pending application for leave of appeal in the High Court to also recklessly and in a highly defamatory fashion attack our integrity as legal representatives,” Shikongo said.
Shikongo said they would consider their response to Ya Nangoloh's “false charges”. Ya Nangoloh said he had the moral and social duty to file a complaint and hoped that it would be impartially investigated as requested. He denied having aligned himself with any of the opposing parties, and said the LAN must be given the duty to investigate his complaint.
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