Court battle over Commando Hall
The ongoing battles within the Ovaherero community have once again ended up in court, with the Ovaherero Royal Red Flag Association claiming ownership of the disputed Commando Hall.
The Ovaherero Royal Red Flag Association has launched an application in the Windhoek High Court over the ownership of the Ovaherero Commando Hall.
They are also demanding that the Ovaherero Red Flag Association, which is currently occupying the erf on which the Commando Hall is situated, vacate the premises as a matter of urgency. It claims an error occurred in the ownership registration process, and that ownership was registered in the name of Ovaherero Red Flag Association and not in the name of Ovaherero Royal Red Flag Association, which was the name of the plaintiff at that time.
It is alleged that Dr Weder, Kauta & Hoveka Incorporated in 2016 applied to the Registrar of Deeds to have the title deed amended.
It is further alleged that an affidavit dated 29 November 2011 was deposed by Theophilus Benestus Uahongora to have the name on the title deed amended to Ovaherero Red Flag Association.
The Ovaherero Royal Red Flag Association is also asking the court to rule that the Ovaherero Red Flag Association and any other defendant that may oppose the court action be ordered to pay the costs jointly or severally. The Ovaherero Red Flag Association, the City of Windhoek, the Registrar of Deeds and Dr Weder, Kauta & Hoveka Incorporated were cited as the respondents in the matter. This court action is over the land portion, Erf 6297, which was allegedly sold by the City of Windhoek to the Ovaherero Royal Red Flag Association at a cost of N$57 838 on 16 May 2006. The plaintiff is alleging they were represented by Festus Kamburona at the City council on 16 May 2000 and concluded a written deed of sale for Erf 6297, measuring 2 391 square meters. The immovable property is registered under TY1445/1983.
They allegedly paid a purchase price of N$57 838 on 16 May 2000 and the City instructed Kauta, Basson and Kamuhanga to effect the ownership transfer to the Ovaherero Royal Red Flag Association. The legal firm was subsequently taken over by Dr Weder, Kauta & Hoveka Incorporated. According to the plaintiff, Dr Weder, Kauta & Hoveka, acting on behalf of the City, had the power of attorney to effect the registration of transfer on 18 May 2007 and had the ownership transfer registered on 2 December 2009.
The matter is still at the status hearing stage in the High Court.
A earlier disagreement between Ovaherero groupings was experienced at a shrine in Okahandja, with the main squabble being about the location of the holy fire at the Red Flag Commando grounds.
A faction of the Ovaherero community, under instruction of the late Paramount Chief Kuaima Riruako allegedly relocated the holy fire to a place where it now faces the sunset.
All Ovaherero leaders, including Samuel Maharero, Hosea Kutako, and Clemence Kapuuo, are resting there.
The Maharero Royal House, supported by members of the Technical Committee of the Ovaherero/Ovambanderu Council on the 1904 Genocide, insist that the holy fire should face the sunrise (east), as it has done for the past 88 years.
The Red Flag Day is commemorated annually at Okahandja on 26 August. The event sees the Ovaherero people gather to commemorate their deceased chiefs. The day is significant for the Ovaherero as on this day, Maharero's body was reburied alongside his ancestors at Okahandja in 1923.
FRED GOEIEMAN
They are also demanding that the Ovaherero Red Flag Association, which is currently occupying the erf on which the Commando Hall is situated, vacate the premises as a matter of urgency. It claims an error occurred in the ownership registration process, and that ownership was registered in the name of Ovaherero Red Flag Association and not in the name of Ovaherero Royal Red Flag Association, which was the name of the plaintiff at that time.
It is alleged that Dr Weder, Kauta & Hoveka Incorporated in 2016 applied to the Registrar of Deeds to have the title deed amended.
It is further alleged that an affidavit dated 29 November 2011 was deposed by Theophilus Benestus Uahongora to have the name on the title deed amended to Ovaherero Red Flag Association.
The Ovaherero Royal Red Flag Association is also asking the court to rule that the Ovaherero Red Flag Association and any other defendant that may oppose the court action be ordered to pay the costs jointly or severally. The Ovaherero Red Flag Association, the City of Windhoek, the Registrar of Deeds and Dr Weder, Kauta & Hoveka Incorporated were cited as the respondents in the matter. This court action is over the land portion, Erf 6297, which was allegedly sold by the City of Windhoek to the Ovaherero Royal Red Flag Association at a cost of N$57 838 on 16 May 2006. The plaintiff is alleging they were represented by Festus Kamburona at the City council on 16 May 2000 and concluded a written deed of sale for Erf 6297, measuring 2 391 square meters. The immovable property is registered under TY1445/1983.
They allegedly paid a purchase price of N$57 838 on 16 May 2000 and the City instructed Kauta, Basson and Kamuhanga to effect the ownership transfer to the Ovaherero Royal Red Flag Association. The legal firm was subsequently taken over by Dr Weder, Kauta & Hoveka Incorporated. According to the plaintiff, Dr Weder, Kauta & Hoveka, acting on behalf of the City, had the power of attorney to effect the registration of transfer on 18 May 2007 and had the ownership transfer registered on 2 December 2009.
The matter is still at the status hearing stage in the High Court.
A earlier disagreement between Ovaherero groupings was experienced at a shrine in Okahandja, with the main squabble being about the location of the holy fire at the Red Flag Commando grounds.
A faction of the Ovaherero community, under instruction of the late Paramount Chief Kuaima Riruako allegedly relocated the holy fire to a place where it now faces the sunset.
All Ovaherero leaders, including Samuel Maharero, Hosea Kutako, and Clemence Kapuuo, are resting there.
The Maharero Royal House, supported by members of the Technical Committee of the Ovaherero/Ovambanderu Council on the 1904 Genocide, insist that the holy fire should face the sunrise (east), as it has done for the past 88 years.
The Red Flag Day is commemorated annually at Okahandja on 26 August. The event sees the Ovaherero people gather to commemorate their deceased chiefs. The day is significant for the Ovaherero as on this day, Maharero's body was reburied alongside his ancestors at Okahandja in 1923.
FRED GOEIEMAN
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