On the creation of the new ‘≠Nūkhoen Damara traditional community and Gaosis Council’
The chronicle of the Damara Folk, alias ≠Nūkhoen, has been deliberately twisted for many years by a number of authors, who alone know the rationale for this state of affairs.
Nevertheless, the contemporary socio-economic manifestations of the folk leave much to be desired.
The Damaran Folk, one of the first inhabitants of Namibia, still have a supreme leader – Gaob Justus ||Garoëb – the current paramount leader of the Damaran.
It is a well-known fact that, as of 1999, the Damaran Gaob was designated by the government as the chief of the Damara Traditional Authority.
But, unfortunately, due to pressure from some of the tribesmen and women, he deregistered as the chief and designated chiefs as heads of various traditional communities.
Hence, the Damaran tribe, which was one united traditional community, was divided into various traditional communities, although the dictates of Act No. 25 of 2000 were not applied to the latter.
The letter
We have since learned with shock and disbelief about the contents of a letter, dated 21st August 2023, signed by minister Erastus Uutoni, which was shared on social media. The letter concerned an application of the ≠Nūkhoen Damara traditional community and Gaosis Council.
What is 'Gaosis Council' whereas the Act talks about 'Chiefs Council'?
It is flabbergasting to become aware of the mighty Damara Tribe ex post facto in the application for such recognition and/or designation.
A group of people have established what they called a "commission" with the aim of facilitating the application for the designation and recognition of the current Damaran Gaob as one of the government’s chiefs without the endorsement of the Damaran governance structures.
They claim to have the blessing of Gaob, despite the fact that, as is customary, major aspects of the Damaran are sanctioned by the Damaran People / National Assembly.
The doctrine of impunity of leadership and family members was applied, and a false, erroneous, and misrepresentative application was lodged with the urban and rural development ministry.
The ministry was misled in that false information, such as the traditional community’s name, location, community size, and so forth, was presented for consideration for the designation of the chief and the establishment of the traditional authority.
Disputed information
It is evident that the minister was informed that a traditional community, viz. ≠Nūkhoen Damara Traditional Community, exists in or inhabits the geographical area in which the Swartbooi Traditional Authority is recognised.
The minister’s response to this application implies that everything as per the required application form and provisions of Act No. 25 of 2000 was in order except that “Part B” was not submitted and that the location for which the jurisdiction was sought is already occupied by another traditional authority.
It seems that the ministry misconstrued the purpose and intent of Section 2 of Act No. 25 of 2000, which mandates the establishment of a traditional authority, not establishing or creating a traditional community.
Let it be known, Honourable Minister, that there is no traditional community called “≠Nūkhoen Damara Traditional Community” as per the application.
The ministry’s acceptance or creation of this new traditional community will create a precedent, which the government will not be able to stop.
Everyone will apply for new communities and expect the government to approve them, if the example of ≠Nūkhoen Damara Traditional Community is copied.
In addition to the above, it seems the ministry has failed to confirm or validate whether the provisions of Section 5(1)(b) of Act No. 25 of 2000 were complied with.
They can only be complied with if the customary law authorising the new community forms part of the supreme customary law of the Damaran people.
Action needed
If the current traditional authorities represent the Damaran people, falling under various sub-tribes, to which Damaran group will the new ≠Nūkhoen Damara Traditional Community belong?
The ministry's actions risk creating a massive and perilous conflict, leading to never-ending tribal fights and disputes. We implore the Ministry to spare us from such a fate.
The People's/National Assembly takes precedence over the material changes in the Damaran governance institutions, systems, and procedures (ISPs).
Therefore, we plead first with the Damara governance structures to call the People’s/National Assembly as a matter of urgency for the entire Damaran folk to address these serious matters.
Secondly, we appeal to the Honourabe Minister to set aside the whole application process and to recognise our Gaob as chief.
Thirdly, we humbly request an urgent meeting between the Gaob and eight chiefs of the recognised traditional authorities of the Damara sub-tribes and elders thereof.
Concerned Damaran
Nevertheless, the contemporary socio-economic manifestations of the folk leave much to be desired.
The Damaran Folk, one of the first inhabitants of Namibia, still have a supreme leader – Gaob Justus ||Garoëb – the current paramount leader of the Damaran.
It is a well-known fact that, as of 1999, the Damaran Gaob was designated by the government as the chief of the Damara Traditional Authority.
But, unfortunately, due to pressure from some of the tribesmen and women, he deregistered as the chief and designated chiefs as heads of various traditional communities.
Hence, the Damaran tribe, which was one united traditional community, was divided into various traditional communities, although the dictates of Act No. 25 of 2000 were not applied to the latter.
The letter
We have since learned with shock and disbelief about the contents of a letter, dated 21st August 2023, signed by minister Erastus Uutoni, which was shared on social media. The letter concerned an application of the ≠Nūkhoen Damara traditional community and Gaosis Council.
What is 'Gaosis Council' whereas the Act talks about 'Chiefs Council'?
It is flabbergasting to become aware of the mighty Damara Tribe ex post facto in the application for such recognition and/or designation.
A group of people have established what they called a "commission" with the aim of facilitating the application for the designation and recognition of the current Damaran Gaob as one of the government’s chiefs without the endorsement of the Damaran governance structures.
They claim to have the blessing of Gaob, despite the fact that, as is customary, major aspects of the Damaran are sanctioned by the Damaran People / National Assembly.
The doctrine of impunity of leadership and family members was applied, and a false, erroneous, and misrepresentative application was lodged with the urban and rural development ministry.
The ministry was misled in that false information, such as the traditional community’s name, location, community size, and so forth, was presented for consideration for the designation of the chief and the establishment of the traditional authority.
Disputed information
It is evident that the minister was informed that a traditional community, viz. ≠Nūkhoen Damara Traditional Community, exists in or inhabits the geographical area in which the Swartbooi Traditional Authority is recognised.
The minister’s response to this application implies that everything as per the required application form and provisions of Act No. 25 of 2000 was in order except that “Part B” was not submitted and that the location for which the jurisdiction was sought is already occupied by another traditional authority.
It seems that the ministry misconstrued the purpose and intent of Section 2 of Act No. 25 of 2000, which mandates the establishment of a traditional authority, not establishing or creating a traditional community.
Let it be known, Honourable Minister, that there is no traditional community called “≠Nūkhoen Damara Traditional Community” as per the application.
The ministry’s acceptance or creation of this new traditional community will create a precedent, which the government will not be able to stop.
Everyone will apply for new communities and expect the government to approve them, if the example of ≠Nūkhoen Damara Traditional Community is copied.
In addition to the above, it seems the ministry has failed to confirm or validate whether the provisions of Section 5(1)(b) of Act No. 25 of 2000 were complied with.
They can only be complied with if the customary law authorising the new community forms part of the supreme customary law of the Damaran people.
Action needed
If the current traditional authorities represent the Damaran people, falling under various sub-tribes, to which Damaran group will the new ≠Nūkhoen Damara Traditional Community belong?
The ministry's actions risk creating a massive and perilous conflict, leading to never-ending tribal fights and disputes. We implore the Ministry to spare us from such a fate.
The People's/National Assembly takes precedence over the material changes in the Damaran governance institutions, systems, and procedures (ISPs).
Therefore, we plead first with the Damara governance structures to call the People’s/National Assembly as a matter of urgency for the entire Damaran folk to address these serious matters.
Secondly, we appeal to the Honourabe Minister to set aside the whole application process and to recognise our Gaob as chief.
Thirdly, we humbly request an urgent meeting between the Gaob and eight chiefs of the recognised traditional authorities of the Damara sub-tribes and elders thereof.
Concerned Damaran
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