Ondonga royal family wins in court
An urgent High Court application brought by the dismissed councillors of the Ondonga Traditional Authority has been dismissed, with costs.
The applicants, led by John Walenga, had sought unhindered access to their king, Immanuel Kauluma Elifas, and sought an order from the court interdicting and restricting the queen, Sesilia Ndapandula Elifas, from preventing such access.
While he said he would provide reasons for his judgement on Wednesday, Judge Shafimana Uietele said that the council members who had brought the application were not authorised to do so as they had been dismissed.
Lawyers representing the queen, Elias Shikongo and Sandra Miller, had told the court that the applicants could not bring an application in the name of the traditional authority as they had all been dismissed from their positions.
The applicants, on the other hand, had asked the court for unhindered access to the king as well as an order that the king undergo two separate medical examinations as well as one psychological evaluation to determine his fitness to hold office.
Based on these outcomes, they also asked that the court then declare the king unfit for his duties.
Last month Elifas suspended the Ondonga traditional council chairperson Peter Kauluma, traditional council spokesperson Joseph Asino and senior councillors Walenga, Tonata Ngulu, Kashona Malulu, Joseph Akawa, Fillemon Nambili and Vilho Kamanya.
In his founding affidavit, Walenga said that the king's health had deteriorated to such an extent that he could no longer take care of himself.
He said the king's memory was failing, at times he was unable to recognise familiar people, and he was often lost in thought.
He further told the court that he was concerned that the king was vulnerable to manipulation with this ailing health and that the entire traditional authority was on the brink of falling apart through the actions of the queen.
He cited examples of stock theft although he added that since no one kept records of the stock numbers of the authority, no one knew how many animals had gone missing.
“There is a leadership crisis because the king is not fit. He is old and isolated from his traditional support structure,” Walenga said.
The queen denied these allegations.
She told the court that the king might be weakened physically but was capable of performing his duties.
She also vehemently denied allegations by Walenga that the decision to suspend the said councillors on 13 April had not been made by the king. In the letter dismissing the eight councillors, the king also appointed Ester Gwashamba Nepando as a new senior councillor and withdrew the nomination of Fillemon Shuumbwa Nangolo as his designated successor.
In her papers, the queen denied that Nangolo was appointed as the king's successor and said that Walenga and his cohorts were responsible for the split in the authority.
Walenga and his co-applicants were represented by George Coleman and Saima Nambinga.
JACQUELINE LOUW
The applicants, led by John Walenga, had sought unhindered access to their king, Immanuel Kauluma Elifas, and sought an order from the court interdicting and restricting the queen, Sesilia Ndapandula Elifas, from preventing such access.
While he said he would provide reasons for his judgement on Wednesday, Judge Shafimana Uietele said that the council members who had brought the application were not authorised to do so as they had been dismissed.
Lawyers representing the queen, Elias Shikongo and Sandra Miller, had told the court that the applicants could not bring an application in the name of the traditional authority as they had all been dismissed from their positions.
The applicants, on the other hand, had asked the court for unhindered access to the king as well as an order that the king undergo two separate medical examinations as well as one psychological evaluation to determine his fitness to hold office.
Based on these outcomes, they also asked that the court then declare the king unfit for his duties.
Last month Elifas suspended the Ondonga traditional council chairperson Peter Kauluma, traditional council spokesperson Joseph Asino and senior councillors Walenga, Tonata Ngulu, Kashona Malulu, Joseph Akawa, Fillemon Nambili and Vilho Kamanya.
In his founding affidavit, Walenga said that the king's health had deteriorated to such an extent that he could no longer take care of himself.
He said the king's memory was failing, at times he was unable to recognise familiar people, and he was often lost in thought.
He further told the court that he was concerned that the king was vulnerable to manipulation with this ailing health and that the entire traditional authority was on the brink of falling apart through the actions of the queen.
He cited examples of stock theft although he added that since no one kept records of the stock numbers of the authority, no one knew how many animals had gone missing.
“There is a leadership crisis because the king is not fit. He is old and isolated from his traditional support structure,” Walenga said.
The queen denied these allegations.
She told the court that the king might be weakened physically but was capable of performing his duties.
She also vehemently denied allegations by Walenga that the decision to suspend the said councillors on 13 April had not been made by the king. In the letter dismissing the eight councillors, the king also appointed Ester Gwashamba Nepando as a new senior councillor and withdrew the nomination of Fillemon Shuumbwa Nangolo as his designated successor.
In her papers, the queen denied that Nangolo was appointed as the king's successor and said that Walenga and his cohorts were responsible for the split in the authority.
Walenga and his co-applicants were represented by George Coleman and Saima Nambinga.
JACQUELINE LOUW
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