Court blocks Gciriku coronation at last minute
The expected coronation of Felix Muraghuli Mashika as the new chief of the VaGciriku tribe on Saturday was dealt a blow after another chief hopeful, Bartholomeus Aruvita Kayoka, successfully approached the High Court on an urgent basis to stop the process.
An interim interdict was granted by Judge Hosea Angula on Friday, consequently delaying the appointment of a new chief. The VaGciriku tribe has been without a traditional head since the passing of the late Chief Kassian Shiyambi, who died in November 2019.
Everything was set for the coronation of Mashika as the new chief of the VaGciriku community until the High Court ruled in favour of Kayoka on Friday.
Kayoka believes that the urban and rural development ministry made a mistake in their decision regarding the next chief.
Court ruling
"The applicant's non-compliance with the requirements related to forms and services and directing that this matter be heard as one of urgency as contemplated in Rule 73 (3) of the rules of this honourable court is hereby condoned,” Angula ruled.
“Pending the final determination of the review application in Part B, the first respondent (Gciriku Traditional Authority) is hereby interdicted and restrained from implementing the decision taken by the second respondent on 12 September 2023 for the third respondent (Mashika) to be designated as chief of the Gciriku Traditional Authority, in terms of Section 5(2) of the Traditional Authorities Act 25 of 2000," the court directed.
“The first and second respondents (the minister of urban and rural development) are hereby interdicted and restrained from holding any coronation or designation ceremony to coronate or designate the third respondent as chief of the VaGciriku traditional community scheduled on 23 September 2023."
Halt coronation
The judge instructed all parties that “there shall be no traditional crowning of the third respondent as chief of the VaGciriku Traditional Community. There shall be no handing over of the customary instruments of power to the third respondent and there shall be no anointing oil or observance of any of the traditional customary rituals and rights associated with the coronation or crowning of a Gciriku chief."
The court ordered the interim interdict to be valid with immediate effect.
President Hage Geingob and Kavango East Governor Bonifatius Wakudumo are also listed as respondents in the urgent application.
Unhappy with outcome
Namibian Sun recently reported on the decision taken by urban and rural development minister Erastus Uutoni to declare Mashika the legitimate heir to the VaGciriku throne following an official probe.
The probe was necessitated after the ministry received more than one application for the succession of the late Shiyambi.
Following the conclusion of the ministerial investigation in December 2022, Uutoni informed VaGciriku Traditional Authority chairperson Chrysantus Likoro of his decision.
“I therefore hereby resolve that, in order for government to ensure that the Gciriku Traditional Authority upholds, promotes and preserves the culture, tradition and traditional values of its community, the will of the late Chief Shiyambi – nominating Mashika to be his successor – should be adhered to and respected.”
The will was confirmed by the Gciriku and Shambyu traditional authorities and Gciriku community members interviewed during the investigation, the ministry stated.
“The traditional authorities and most community members indicated that, according to the Gciriku culture and traditions, if the sitting hompa nominates someone to succeed him, his will should be respected.”
Since then, Kayoka has attempted to block Mashika's coronation through numerous letters to stakeholders, expressing his dissatisfaction.
- [email protected]
An interim interdict was granted by Judge Hosea Angula on Friday, consequently delaying the appointment of a new chief. The VaGciriku tribe has been without a traditional head since the passing of the late Chief Kassian Shiyambi, who died in November 2019.
Everything was set for the coronation of Mashika as the new chief of the VaGciriku community until the High Court ruled in favour of Kayoka on Friday.
Kayoka believes that the urban and rural development ministry made a mistake in their decision regarding the next chief.
Court ruling
"The applicant's non-compliance with the requirements related to forms and services and directing that this matter be heard as one of urgency as contemplated in Rule 73 (3) of the rules of this honourable court is hereby condoned,” Angula ruled.
“Pending the final determination of the review application in Part B, the first respondent (Gciriku Traditional Authority) is hereby interdicted and restrained from implementing the decision taken by the second respondent on 12 September 2023 for the third respondent (Mashika) to be designated as chief of the Gciriku Traditional Authority, in terms of Section 5(2) of the Traditional Authorities Act 25 of 2000," the court directed.
“The first and second respondents (the minister of urban and rural development) are hereby interdicted and restrained from holding any coronation or designation ceremony to coronate or designate the third respondent as chief of the VaGciriku traditional community scheduled on 23 September 2023."
Halt coronation
The judge instructed all parties that “there shall be no traditional crowning of the third respondent as chief of the VaGciriku Traditional Community. There shall be no handing over of the customary instruments of power to the third respondent and there shall be no anointing oil or observance of any of the traditional customary rituals and rights associated with the coronation or crowning of a Gciriku chief."
The court ordered the interim interdict to be valid with immediate effect.
President Hage Geingob and Kavango East Governor Bonifatius Wakudumo are also listed as respondents in the urgent application.
Unhappy with outcome
Namibian Sun recently reported on the decision taken by urban and rural development minister Erastus Uutoni to declare Mashika the legitimate heir to the VaGciriku throne following an official probe.
The probe was necessitated after the ministry received more than one application for the succession of the late Shiyambi.
Following the conclusion of the ministerial investigation in December 2022, Uutoni informed VaGciriku Traditional Authority chairperson Chrysantus Likoro of his decision.
“I therefore hereby resolve that, in order for government to ensure that the Gciriku Traditional Authority upholds, promotes and preserves the culture, tradition and traditional values of its community, the will of the late Chief Shiyambi – nominating Mashika to be his successor – should be adhered to and respected.”
The will was confirmed by the Gciriku and Shambyu traditional authorities and Gciriku community members interviewed during the investigation, the ministry stated.
“The traditional authorities and most community members indicated that, according to the Gciriku culture and traditions, if the sitting hompa nominates someone to succeed him, his will should be respected.”
Since then, Kayoka has attempted to block Mashika's coronation through numerous letters to stakeholders, expressing his dissatisfaction.
- [email protected]
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