The Supreme Court has reserved judgment in an appeal application by the Minister of Urban and Rural Development against an interim interdict to stop recognizing Sofia Mundjembwe Kanyetu as Hompa of the Vashambyu Tribe in the Kavango East.
The appeal comes after the High Court ruling by Justice Thomas Masuku granted the interim interdict by Maria Ukamba Haindaka, who had been nominated for the position of Hompa along with Mundjembwe Kanyetu.
The key issue, in this case, is whether the Minister of Urban and Rural Development acted properly in approving the designation of Kanyetu as Chief in consideration of an earlier ruling by Deputy Judge President Hosea Angula, which set aside the Minister's earlier decision and referred the matter back to him for further consideration.
Ukamba Haindaka, represented by Advocate Tuhafeni Muhongo and instructed by Appolus Shimakeleni, argued that the Minister's actions were unlawful and raised concerns about the rituals and traditions associated with the coronation ceremony of a hompa.
Haindaka argued that this should only be undergone by a person who is eventually unrivaled.
She further argued that the designation of Mundjembwe Kanyetu, whose eligibility has been questioned, would be illegal and not in the power of the minister to choose sides or to choose one of the candidates.
On behalf of the state, however, Dr. Sacky Akweenda argued that the Traditional Authorities Act gives the minister some discretion to approve an application for the chieftainship, provided such an application meets the requirements and is properly instituted.
Akweenda also stated that the matter is not only a customary law one but a legislative issue as well.
He thus submitted that the High Court misdirected itself, and thus its decision should be set aside.
The outcome of this appeal is expected to have significant implications for the traditional leadership in Namibia as well as for the rights and interests of the parties involved.