Court rules in Uukwambi chief's favour
The Windhoek High Court on Friday ruled that the Uukwambi Traditional Authority exercises legal authority over its area of jurisdiction and no event can be held in this area without its consent.
This decision was made in an urgent application that the traditional authority brought against two of its community members.
The members, William Amwaama and Seblon Shivolo, planned to host an anniversary event last month without the prior approval of the traditional authority. However, before the event could take place on 17 August, the court issued an interdict prohibiting it.
Judge Thomas Masuku ruled on Friday that the authority has the legal authority to regulate all traditional ceremonies and events within its jurisdiction.
Pursuant to the court order, Amwaama and Shivolo are prohibited from hosting the event or planning any further events. Furthermore, they may not declare 15 August, or any other date, as the day of the anniversary of the Uukwambi chiefs.
"The interdict was issued to protect the integrity of the Uukwambi Traditional Authority's powers and to prevent any further action that could destabilise the community," the ruling read.
The judgment further ordered Amwaama and Shivolo to pay the legal costs for the application.
Disrupting the peace
The traditional authority argued in its application that the planned event is similar to one it is planning for next year. "They were informed that their event was unauthorised and in conflict with the jurisdiction of the traditional authority. It is likely to cause discord, as well as disturb the peace and welfare of members of the community," Chief Herman Iipumbu said in his statement.
He added that Amwaama and Shivolo were requested not to host the event; but ignored the request.
Iipumbu was also apparently convinced that Amwaama and Shivolo's actions were aimed at deceiving community members. He said he believed they were using it as a smokescreen to mobilise the appointment of a new ‘king for the Uukwambi people’ and to designate a person contrary to the provisions of the law.
Masuku found in his judgment that Amwaama and Shivolo did act illegally and that this could possibly lead to the disruption of the country’s peace and unity.
This decision was made in an urgent application that the traditional authority brought against two of its community members.
The members, William Amwaama and Seblon Shivolo, planned to host an anniversary event last month without the prior approval of the traditional authority. However, before the event could take place on 17 August, the court issued an interdict prohibiting it.
Judge Thomas Masuku ruled on Friday that the authority has the legal authority to regulate all traditional ceremonies and events within its jurisdiction.
Pursuant to the court order, Amwaama and Shivolo are prohibited from hosting the event or planning any further events. Furthermore, they may not declare 15 August, or any other date, as the day of the anniversary of the Uukwambi chiefs.
"The interdict was issued to protect the integrity of the Uukwambi Traditional Authority's powers and to prevent any further action that could destabilise the community," the ruling read.
The judgment further ordered Amwaama and Shivolo to pay the legal costs for the application.
Disrupting the peace
The traditional authority argued in its application that the planned event is similar to one it is planning for next year. "They were informed that their event was unauthorised and in conflict with the jurisdiction of the traditional authority. It is likely to cause discord, as well as disturb the peace and welfare of members of the community," Chief Herman Iipumbu said in his statement.
He added that Amwaama and Shivolo were requested not to host the event; but ignored the request.
Iipumbu was also apparently convinced that Amwaama and Shivolo's actions were aimed at deceiving community members. He said he believed they were using it as a smokescreen to mobilise the appointment of a new ‘king for the Uukwambi people’ and to designate a person contrary to the provisions of the law.
Masuku found in his judgment that Amwaama and Shivolo did act illegally and that this could possibly lead to the disruption of the country’s peace and unity.
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