High Court upholds Zeraeua succession decision
A 12-year dispute between the Ovakweyuva and Tjipepa royal families regarding Chief Christian Eerike Zeraeua’s successor was dismissed by the High Court last week, upholding the appointment of the late chief’s eldest son, Manasse Meundju Zeraeua, as chief of the Zeraeua Traditional Authority.
According to court documents, Christian’s death in 2012 caused division in the community. The Ovakweyu and Tjipepa families subsequently nominated Raphael Kapia, a relative of the deceased, as the new successor, while Manasse received the vote of the chief’s council.
Displeased with the council’s decision, Kapia launched an application for review. His initial reason was that the entire succession process had been unfair and in breach of Article 18 of the Namibian Constitution.
Additionally, according to Kapia, the late chief had made it clear that the dominant clan, Tjipepa/Ovakweyuva, should have the authority to make the designation of a new chief. He further argued that the minister of urban and rural development, who approved the appointment of Christian’s eldest son, failed to invoke Section 5(10) of the Traditional Authorities Act to direct that an election be held to elect a chief. This flaw rendered the decision to designate the third person as chief a nullity, or at least subject to review, he claimed.
In 2014, the urban and rural development minister appointed an investigation committee to look into the succession dispute in accordance with Section 12 of the Traditional Authorities Act. The committee held meetings with the various factions from 7 to 9 October 2014.
When a report from the investigation committee was not received for over a year, Kapia filed an application to compel the minister to consider his application. Alternatively, he requested the minister release the report.
Dismissed
However, Kapia’s succession was also questioned and remained indefinite - despite his relation to the family through a matrilineal line.
“There was no evidence as to where exactly he fell within the line of succession under the late chief. In other words, it was not clear how he was related to the late chief and on what basis he was considered eligible to become chief’, court documents read.
The case was struck from the court roll, and Kapia has been ordered to cover the legal costs of the minister, the traditional authority and Manasse.
According to court documents, Christian’s death in 2012 caused division in the community. The Ovakweyu and Tjipepa families subsequently nominated Raphael Kapia, a relative of the deceased, as the new successor, while Manasse received the vote of the chief’s council.
Displeased with the council’s decision, Kapia launched an application for review. His initial reason was that the entire succession process had been unfair and in breach of Article 18 of the Namibian Constitution.
Additionally, according to Kapia, the late chief had made it clear that the dominant clan, Tjipepa/Ovakweyuva, should have the authority to make the designation of a new chief. He further argued that the minister of urban and rural development, who approved the appointment of Christian’s eldest son, failed to invoke Section 5(10) of the Traditional Authorities Act to direct that an election be held to elect a chief. This flaw rendered the decision to designate the third person as chief a nullity, or at least subject to review, he claimed.
In 2014, the urban and rural development minister appointed an investigation committee to look into the succession dispute in accordance with Section 12 of the Traditional Authorities Act. The committee held meetings with the various factions from 7 to 9 October 2014.
When a report from the investigation committee was not received for over a year, Kapia filed an application to compel the minister to consider his application. Alternatively, he requested the minister release the report.
Dismissed
However, Kapia’s succession was also questioned and remained indefinite - despite his relation to the family through a matrilineal line.
“There was no evidence as to where exactly he fell within the line of succession under the late chief. In other words, it was not clear how he was related to the late chief and on what basis he was considered eligible to become chief’, court documents read.
The case was struck from the court roll, and Kapia has been ordered to cover the legal costs of the minister, the traditional authority and Manasse.
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