Shaningwa installs Kudumo at 11th hour

Deputy Judge President Hosea Angula yesterday dismissed Uukwangali chief Eugene Kudumo's application for rescission of an earlier court order which had determined that his designation as chief of the traditional authority was invalid.

That, however, was not the end of the battle for the leadership of the traditional authority.

The minister of urban and rural development, Sophia Shaningwa, entered the fray at the eleventh hour to stave off Kudumo's removal from office.

In an explanatory affidavit submitted late on Tuesday Shaningwa claimed that she had in fact decided on 15 February to designate Kudumo as the Uukwangali chief despite the earlier court ruling.

Her declaration came after her attorney, Margaret Malambo of the attorney-general's office, had told the court on 24 March that Shaningwa did not approve Kudumo's designation as chief during her meeting with the disputing parties in February.







Senior traditional councillors yesterday disputed Shaningwa's claim that she had met with the rival groups. They said only one senior councillor, Rudolph Ngondo, had been invited to the February meeting and was accompanied by elder, Severinus Siteketa.

However, more than 40 people from the Kudumo camp as well as Swapo MPs Hamunyera Hambyuka, Damien Nakombare and Petrina Haingura also turned up at this meeting.

“Not even the so-called chief [Kudumo] was at the February meeting. The matter was not settled amicably,” said Siteketa.

Shaningwa said in her affidavit that her decision to install Kudumo was based on the outcome of an investigation by a committee appointed in May 2015. The committee found that Kudumo had complied with the customary laws of the traditional community and had been appointed by late chief Daniel Sitentu Mpasi, she said.

She added that Kudumo had been presented to the community members on several occasions in accordance with the customary law and that he had been endorsed by the governor of the Kavango West Region, Sirrka Ausiku.

Shaningwa said the committee further concluded that a court application seeking Kudumo's removal as chief had not complied with customary laws.

She said Siteketa was appointed as chief by a concerned group but was not presented to the community and that Ausiku did not sign Siteketa's candidacy as chief.

Siteketa said he was “approved” as a candidate and not appointed, and added that he remained eligible to become the chief because he was from the Kapango royal house.

Siteketa said Ausiku had refused to acknowledge his candidacy by not signing the application.

“I will challenge the minister's decision because this is against the law and is clearly undemocratic and biased treatment,” said Siteketa.

The legal representative of the senior councillors, Norman Tjombe, said Shaningwa's installation of Kudumo would be fought in a fresh application to the High Court.

He said he had sent four letters to Shaningwa between 15 February and 23 March, which all went unanswered until her affidavit was handed in the day before yesterday's court ruling.

“Minister Shaningwa has made a new decision and although it is within her mandate, is it proper?” Tjombe asked.

CATHERINE SASMAN