Mushelenga, Shanghala in firing line
A move by Ondonga Traditional Authority secretary Nepando Amupanda to have the seven councillors dismissed by King Immanuel Kauluma Elifas in July last year degazetted, has failed after urban and rural development minister Peya Mushelenga rejected his request.
Urban and rural development minister Peya Mushelenga and his justice counterpart, Sacky Shanghala, are being accused by the Ondonga Traditional Authority of being responsible for the “mutiny or turmoil” taking place in the community.
Traditional authority secretary Nepando Amupanda claims the two ministers are aware of the situation, but are watching as King Immanuel Kauluma Elifas is being intimidated by the councillors he dismissed in July last year. “Honourable minister, as you are aware, his Majesty Tatekulu Omukwaniilwa (king) Immanuel Kauluma Elifas has dismissed seven senior and traditional councillors and has replaced them with new ones. Their names have already (been) submitted to your office, but your ministry still recognises them (the dismissed councillors).
“Your recognition provides the dismissed councillors with the power to act against the king, as they are claiming he has no power to discharge them from their duties,” Amupanda wrote to Mushelenga on 20 March this year.
Amupanda acknowledged the Ondonga community is currently sitting with an immense problem, but accuses the two ministries of allowing the dismissed councillors to create their own community court at Onethindi in Oniipa and claimed further that the two ministries are supporting them. He said the community is no longer making use of the Ondonga offices at Oluno, so they can be assisted with traditional services, but are opting to go to the new offices, run by the dismissed councillors.
“The dismissed councillors are busy mobilising the Ondonga community members not to use the gazetted offices at Oluno for their traditional services. They created their new office at Onethindi and the two ministries are still supporting and remunerating them. It is against this background that the dismissed councillors are claiming they have the power to challenge the king's decision. In our view, your two respective ministries are responsible for mutiny or turmoil, which exists in the Ondonga community,” Amupanda told Mushelenga. He indicated that both Mushelenga and Shanghala visited the Ondonga palace at Onamungundo recently and were briefed on what was transpiring in the traditional authority. It was then expected that the two ministers would act in favour of the king and his new traditional leadership, Amupanda said.
In his response on 26 April, Mushelenga accused Amupanda of making false and uninformed accusations against him and Shanghala.
He also rejected the request that the dismissed councillors be degazetted, while saying the matter is currently before the courts.
“In your letter you referred to the recognition of the dismissed councillors and their remuneration and stated that the two ministries are to be held responsible for the mutiny or turmoil, which exists in Ondonga. This is a serious averment which is both wrong and bad in law.
“I would like to draw your attention to the doctrine of 'lis pendens' in law, which states that the jurisdiction of the matter is kept by an institution which is first seized with it. In this case, the matter of the dismissal of councillors is before the court. Any involvement by the minister at this stage in the sub judice matter will amount to the executive interfering with the judiciary,” Mushelenga said.
He also told Amupanda that Namibia is a country governed by the rule of law and as a minister he is also guided by legal principles.
“As such your request for the degazetting of the dismissed councillors and the gazetting of the newly appointed councillors cannot be granted, as government has to wait and be guided by the verdict of the court on the matter,” he said.
The Oshakati High Court yesterday set a date to hear the matter in which the dismissed senior leaders have dragged the king, challenging their dismissal.
The case will be heard on 31 July and 1 August this year.
The Ondonga authority's troubles started when councillors challenged the removal of Uukwanambwa district headman Wilbard Lidker, who was replaced by Ester Gwashamba Nepando in February last year.
On 27 March 2017, the Ondonga Traditional Authority council under the leadership of the now dismissed leaders filed an urgent application in the Windhoek High Court to halt the installation of Nepando.
The opposition to Nepando's installation then prompted a faction of the Ondonga community, led by Amupanda, Oscar Sheehama, France Shidhudhu and Jerry Kambala to protest against the council.
ILENI NANDJATO
Traditional authority secretary Nepando Amupanda claims the two ministers are aware of the situation, but are watching as King Immanuel Kauluma Elifas is being intimidated by the councillors he dismissed in July last year. “Honourable minister, as you are aware, his Majesty Tatekulu Omukwaniilwa (king) Immanuel Kauluma Elifas has dismissed seven senior and traditional councillors and has replaced them with new ones. Their names have already (been) submitted to your office, but your ministry still recognises them (the dismissed councillors).
“Your recognition provides the dismissed councillors with the power to act against the king, as they are claiming he has no power to discharge them from their duties,” Amupanda wrote to Mushelenga on 20 March this year.
Amupanda acknowledged the Ondonga community is currently sitting with an immense problem, but accuses the two ministries of allowing the dismissed councillors to create their own community court at Onethindi in Oniipa and claimed further that the two ministries are supporting them. He said the community is no longer making use of the Ondonga offices at Oluno, so they can be assisted with traditional services, but are opting to go to the new offices, run by the dismissed councillors.
“The dismissed councillors are busy mobilising the Ondonga community members not to use the gazetted offices at Oluno for their traditional services. They created their new office at Onethindi and the two ministries are still supporting and remunerating them. It is against this background that the dismissed councillors are claiming they have the power to challenge the king's decision. In our view, your two respective ministries are responsible for mutiny or turmoil, which exists in the Ondonga community,” Amupanda told Mushelenga. He indicated that both Mushelenga and Shanghala visited the Ondonga palace at Onamungundo recently and were briefed on what was transpiring in the traditional authority. It was then expected that the two ministers would act in favour of the king and his new traditional leadership, Amupanda said.
In his response on 26 April, Mushelenga accused Amupanda of making false and uninformed accusations against him and Shanghala.
He also rejected the request that the dismissed councillors be degazetted, while saying the matter is currently before the courts.
“In your letter you referred to the recognition of the dismissed councillors and their remuneration and stated that the two ministries are to be held responsible for the mutiny or turmoil, which exists in Ondonga. This is a serious averment which is both wrong and bad in law.
“I would like to draw your attention to the doctrine of 'lis pendens' in law, which states that the jurisdiction of the matter is kept by an institution which is first seized with it. In this case, the matter of the dismissal of councillors is before the court. Any involvement by the minister at this stage in the sub judice matter will amount to the executive interfering with the judiciary,” Mushelenga said.
He also told Amupanda that Namibia is a country governed by the rule of law and as a minister he is also guided by legal principles.
“As such your request for the degazetting of the dismissed councillors and the gazetting of the newly appointed councillors cannot be granted, as government has to wait and be guided by the verdict of the court on the matter,” he said.
The Oshakati High Court yesterday set a date to hear the matter in which the dismissed senior leaders have dragged the king, challenging their dismissal.
The case will be heard on 31 July and 1 August this year.
The Ondonga authority's troubles started when councillors challenged the removal of Uukwanambwa district headman Wilbard Lidker, who was replaced by Ester Gwashamba Nepando in February last year.
On 27 March 2017, the Ondonga Traditional Authority council under the leadership of the now dismissed leaders filed an urgent application in the Windhoek High Court to halt the installation of Nepando.
The opposition to Nepando's installation then prompted a faction of the Ondonga community, led by Amupanda, Oscar Sheehama, France Shidhudhu and Jerry Kambala to protest against the council.
ILENI NANDJATO
Comments
Namibian Sun
No comments have been left on this article