By: Annakleta Haikera
For almost six years, the VaGciriku tribe has been without a chief since the death of Hompa Kasian Shiyambi in November 2019at the age of 82 after an illness.
VaGciriku chieftaincy aspirant Barthomeous Aruvita on Friday secured a court interdict to block the coronation of Felix Felix MuraghuliMashika.
Despite the court order, the coronation of Mashika proceeded on Saturday at Kadedere village in the Ndonga Linena constituency of the Kavango East region.
Last month, Minister of Urban and Rural Development, Erastus Uutoni, officially designated Mashika as the successor to the late Hompa Shiyambi, according to a letter which was addressed to Chairperson of Gciriku Traditional Authority, Chrysantus Likoro.
The government’s decision, as outlined in the minister’s letter, is based on the late Shiyambi’s wish to nominate Mashika as his successor. This nomination was further endorsed by both the VaGciriku and Shambyu Traditional Authorities, along with the VaGciriku community members who were consulted during the investigation.
A court order signed by High Court Judge Justice Angula and the Registrarof the court P. Booysen on Friday ruled that, “There shall be no handing over of customary instruments of power to Felix MuraghuliMashika” scheduled for 23 September in a bid to halt the coronation.
However, the High Court order restricting the coronation of Mashika was ignored and the coronationceremony was witnessed by some members of the VaGciriku community.
On 16 August, Kayoka, who also vied for the chieftainship, urgently filed an application to suspend the coronation of Mashika.
Kayoka also opened a case of forgery against the VaGciriku Traditional Authority, in which he claimed that the authority forged the fingerprints of the late Nkuru Hompa Shiyambi for Mashika to ascend to the chieftainship.
According to Kayoka, two letters from the VaGciriku Traditional Authority addressed to MinisterUutoni show two different fingerprints of the lateHompa.
He further claims that both letters show that Mashika was appointed by the late Hompa.
“The late Chief died in 2019 and he was a teacher by profession. Why did he not sign the letter himself?” Kayoka said.
He also stated that in both letters, “with two different types of fingerprints, declare that Mashika should be the rightful successor. Why would someone declare a rightful successor while they are still healthy? How did that happen if he was healthy and alive?”
In addition to this decision, the High Court has nullified the directive Uutoni issued on 12 September 2023.
Uutoni’s directives had designated Mashika as the rightful heir to the chieftainship. The court’s decision exposed that the Minister had failed to comply with the provisions of the Traditional Authority Act, particularly as the matter concerning the VaGciriku chieftaincy remained under scrutiny within the same judicial institution.
Legal representatives, acting on behalf of the Minister, concurred with the judge’s perspective, acknowledging that both the President and the Traditional Authority Council had not been adequately consulted before the Minister’s letter was dispatched to Mashika.
This consultation with these entities is a mandatory procedure stipulated in the Traditional Authority Act of 2000 (Act No. 25 of 2000) when designating a Chief.
The Minister’s letter prompted Mashika to make preparations for his coronation, including the slaughter of several cows.
The celebratory hunting of wildlife, including giraffes and a hippopotamus, was also part of these preparations. However, these elaborate plans have now been reduced to a simple cultural performance and a communal meal, following the court’s verdict.
Furthermore, the customary instruments of power were not supposed to be conveyed to Mashika.
The High Court also issued a stern warning that there shall be no observance of anointing oil or any traditional customary rituals and rights associated with the coronation or the installation of a VaGciriku Chief but all this was ignored and the coronation proceeded.
The spokesperson of the royal family, Ludwig Hausiku Kayoka, was initially chosen as Chief of the VaGciriku in 1999 after the passing of the late Hompa Sebastian Kamwanga, who ruled from 1985 to January 1999.
However, they said, adhering to the customary law of the VaGciriku, which dictates that an uncle has the primary right of refusal over the claim of a nephew during succession, “Hompa Kayoka withdrew in favour of his uncle, the late Kassian Shiyambi.
Sebastian Ndjamba, a community activist expressed his disappointment, stating that the infighting in the VaGciriku Traditional Authority has caused the authority playing no role in society for the past six years.
“If no one is displaying the role of a chieftain in that tribe the people within the community will suffer and can be governed by the people that are not from the royal family, which is not supposed to be the case.”
According to Ndjamba the requirements for recognising a chieftain are very clear.
“We don’t know if the two want to serve their people or if they want to do so for their self-interest. Moreover, the royal family and the chief council must listen to the voice of the people, they have to recognise someone and the recognition should be through the customary law of the Traditional Act a nation without culture cannot be a nation,” Ndjamba explained.
Namibia, Ndjamba said, applies some of the South African laws it has adapted to the governance of traditional leaders and the country needs to develop its own customs.
Mashika’s Faction Disregards High Court Order Restrictions
