Katjiua seeks urgent interdict against planned Kapuuo meeting
Professor Mutjinde Katjiua has lodged an urgent application with the Hight Court to interdict Chief Vipua Kapuuo, the chair of the Ovaherero Traditional Authority (OTA) chief’s council, from convening a meeting on Thursday and Friday this week.
The respondents in urgent applications includes Kapuuo, the minister of urban and rural development Erastus Uutoni and Standard Bank.
Katjiua also wants the High Court to stop Kapuuo from diverting government funds meant for the OTA and to stop him from acting as the authorised person to deal with administrative matters of the traditional authority or as the acting paramount chief.
According to a letter dated 20 March 2022 by urban and rural development ministry executive director Nghidinua Daniel, the ministry will only deal with Kapuuo.
“Kindly be informed that according to the ministry’s records, the Ombara Otjitambi of the Ovaherero Traditional Authority passed on and no official designation to replace him was done. If there is a need for consultation regarding the affairs of the traditional authority, the ministry will communicate to the chairperson of the Chiefs Council of the Ovaherero Traditional Authority,” Daniel wrote.
In his founding affidavit, Katjiua points out that Kapuuo wishes to overturn decisions that were already taken by the chiefs council by convening a chiefs council meeting this week, and to induct himself as acting paramount chief.
Succession fight
“If Kapuuo were to succeed in his unlawful conduct, it would render the application instituted by review by himself academic and would have serious reputational damage to the OTA and myself as duly elected paramount chief and not to mention the disharmony and division that is caused by Kapuuo’s undermining the Senate and the Chiefs Council decisions to date,” he said.
Katjiua and Kapuuo are currently in a tug-of-war over the paramount chief’s position, with Katjiua claiming he was duly elected at Aminuis last month and Kapuuo insisting that his designation as paramount chief was done through an unlawfully constituted process in contravention with the Traditional Authority Act and several Ovaherero laws.
According to Kapuuo, these laws dictate that as chairperson of the chiefs council, he ought to be acting as paramount chief until such a time a lawful election process takes place to replace the late Vekuii Rukoro.
In his answering affidavit, Kapuuo states that this chiefs council meeting is long overdue and has been on delayed because of the Covid-19 pandemic and it is paramount for the chiefs council to report back to the Ovaherero people.
He also points out that he is fully authorised to call this meeting as chair of the chief’s council and also adds that he serves as acting paramount chief until a permanent successor is designated. This meeting is thus necessary to deal with the current leadership dispute, he said.
Kapuuo also told the court that the government pays monthly allowances directly to the gazetted officials of the OTA and not those currently claiming to be in charge of the traditional authority.
Fishing quotas
He also accused Katjiua of wanting the proceeds of fishing quotas allocated to the OTA to be paid into a bank account under his control instead of a community trust fund where it will be under the oversight of OTA chiefs council and the senate.
“In 2021 the very first payment was made by government, that payment was not paid into the community trust fund, as required, instead it was diverted to a company in which shares are owned by the OTA. This company is headed by Mutjinde Katjiua,” he said.
According to him, while he has since opened an alternative account, money was not paid into that account but the one headed by Katjiua, however government has since recalled this money.
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The respondents in urgent applications includes Kapuuo, the minister of urban and rural development Erastus Uutoni and Standard Bank.
Katjiua also wants the High Court to stop Kapuuo from diverting government funds meant for the OTA and to stop him from acting as the authorised person to deal with administrative matters of the traditional authority or as the acting paramount chief.
According to a letter dated 20 March 2022 by urban and rural development ministry executive director Nghidinua Daniel, the ministry will only deal with Kapuuo.
“Kindly be informed that according to the ministry’s records, the Ombara Otjitambi of the Ovaherero Traditional Authority passed on and no official designation to replace him was done. If there is a need for consultation regarding the affairs of the traditional authority, the ministry will communicate to the chairperson of the Chiefs Council of the Ovaherero Traditional Authority,” Daniel wrote.
In his founding affidavit, Katjiua points out that Kapuuo wishes to overturn decisions that were already taken by the chiefs council by convening a chiefs council meeting this week, and to induct himself as acting paramount chief.
Succession fight
“If Kapuuo were to succeed in his unlawful conduct, it would render the application instituted by review by himself academic and would have serious reputational damage to the OTA and myself as duly elected paramount chief and not to mention the disharmony and division that is caused by Kapuuo’s undermining the Senate and the Chiefs Council decisions to date,” he said.
Katjiua and Kapuuo are currently in a tug-of-war over the paramount chief’s position, with Katjiua claiming he was duly elected at Aminuis last month and Kapuuo insisting that his designation as paramount chief was done through an unlawfully constituted process in contravention with the Traditional Authority Act and several Ovaherero laws.
According to Kapuuo, these laws dictate that as chairperson of the chiefs council, he ought to be acting as paramount chief until such a time a lawful election process takes place to replace the late Vekuii Rukoro.
In his answering affidavit, Kapuuo states that this chiefs council meeting is long overdue and has been on delayed because of the Covid-19 pandemic and it is paramount for the chiefs council to report back to the Ovaherero people.
He also points out that he is fully authorised to call this meeting as chair of the chief’s council and also adds that he serves as acting paramount chief until a permanent successor is designated. This meeting is thus necessary to deal with the current leadership dispute, he said.
Kapuuo also told the court that the government pays monthly allowances directly to the gazetted officials of the OTA and not those currently claiming to be in charge of the traditional authority.
Fishing quotas
He also accused Katjiua of wanting the proceeds of fishing quotas allocated to the OTA to be paid into a bank account under his control instead of a community trust fund where it will be under the oversight of OTA chiefs council and the senate.
“In 2021 the very first payment was made by government, that payment was not paid into the community trust fund, as required, instead it was diverted to a company in which shares are owned by the OTA. This company is headed by Mutjinde Katjiua,” he said.
According to him, while he has since opened an alternative account, money was not paid into that account but the one headed by Katjiua, however government has since recalled this money.
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