Court overturns vaShambyu leader’s appointment
A High Court ruling regarding the appointment of a new head of the vaShambyu community was overturned on appeal on Friday.
The Supreme Court ruled that Sofia Mundjembwe Kanyetu was appointed by the chiefs’ council in terms of the law and that the High Court wrongly found that the council had acted unlawfully by refusing an application from another candidate, Maria Ukamba Haindaka.
After the death of the Kavango East Region community’s head, traditionally known as the hompa, a dispute arose between Haindaka and Kanyetu. Both are members of the royal family and can be designated as successors.
The minister of urban and rural development, Erastus Uutoni, was called in to facilitate the appointment of the new head.
He advised the vaShambyu traditional authority to submit applications for candidates. However, the council opted to co-sign only one of the candidates and sent only Kanyetu's application to the minister for approval.
Although Haindaka's application was not supported by the council, she submitted an application to the ministry herself.
Not authorised
However, the minister granted Kanyetu's application. Haindaka then approached the High Court and requested it to prohibit Kanyetu's appointment, pending her application for the court to review and set aside the minister's decision.
The High Court found that the chiefs’ council was not authorised to refuse a candidate's application and the designation of the new head was set aside.
However, in the current appeal, the Supreme Court found that the High Court's decision was erroneous and that the law requires a head of a community to be elected by the traditional authority itself. Government is obliged to approve and recognise these appointments, it said.
"The chiefs’ council is authorised to appoint a chief from the royal family of the community. The [High Court] should have dismissed the review application," the judgment delivered by Chief Justice Peter Shivute last week read.
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The Supreme Court ruled that Sofia Mundjembwe Kanyetu was appointed by the chiefs’ council in terms of the law and that the High Court wrongly found that the council had acted unlawfully by refusing an application from another candidate, Maria Ukamba Haindaka.
After the death of the Kavango East Region community’s head, traditionally known as the hompa, a dispute arose between Haindaka and Kanyetu. Both are members of the royal family and can be designated as successors.
The minister of urban and rural development, Erastus Uutoni, was called in to facilitate the appointment of the new head.
He advised the vaShambyu traditional authority to submit applications for candidates. However, the council opted to co-sign only one of the candidates and sent only Kanyetu's application to the minister for approval.
Although Haindaka's application was not supported by the council, she submitted an application to the ministry herself.
Not authorised
However, the minister granted Kanyetu's application. Haindaka then approached the High Court and requested it to prohibit Kanyetu's appointment, pending her application for the court to review and set aside the minister's decision.
The High Court found that the chiefs’ council was not authorised to refuse a candidate's application and the designation of the new head was set aside.
However, in the current appeal, the Supreme Court found that the High Court's decision was erroneous and that the law requires a head of a community to be elected by the traditional authority itself. Government is obliged to approve and recognise these appointments, it said.
"The chiefs’ council is authorised to appoint a chief from the royal family of the community. The [High Court] should have dismissed the review application," the judgment delivered by Chief Justice Peter Shivute last week read.
– [email protected]
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