Justicia Shipena
The legal cost linked to the dispute over the Ovaherero Traditional Authority (OTA) paramount chieftaincy has reached an estimated N$10 million.
This comes as the Herero chief of Ovitoto, Vipuira Kapuuo, continues his court challenge against professor Mutjinde Katjiua’s claim to the position of paramount chief.
“The teams acknowledged the substantial financial costs associated with the ongoing legal battles. It is estimated that the collective legal expenditure has reached approximately N$10 million,” a joint statement issued on Thursday said.
Kapuuo argues that under Ovaherero customary law, tradition and protocol, the chairperson of the Chief’s Council automatically becomes acting paramount chief after the death or incapacitation of the sitting chief.
As chairperson of the Chief’s Council, Kapuuo says he is the rightful acting paramount chief.
He also argues that only the chairperson has the authority to convene meetings of the council.
Based on this, he wants the court to declare a Chief’s Council meeting held between 10 and 12 December 2021 at Onderombapa in Aminuis unlawful.
The meeting, which Kapuuo did not convene, endorsed Katjiua’s leadership.
Kapuuo is asking the court to review and set aside all decisions taken during that meeting or declare them null and void.
The disagreement deepened divisions within the Ovaherero community over the past four to five years.
A separate faction aligned to Kapuuo later held another Chiefs Council meeting at Ozombuzovindimba in September 2022, where three more candidates for Paramount Chief were nominated.
The process later led to the election of Dr Hoze Riruako during a senate meeting at Otjimbingwe in February 2023.
Respondents in Kapuuo’s review application later filed a counter-application opposing both his claims and the recognition of Riruako as paramount chief.
The final outcome of the dispute will depend on the court process and procedures under the Traditional Authorities Act.
The negotiating teams identified rising legal costs, divisions within families and communities and the need to restore customary succession procedures and traditional governance structures as some of the major concerns.
“The dispute has caused divisions within families, communities, and institutions both locally and abroad. Many community members have consequently lost confidence in traditional governance structures,” they said.
The factions have now established negotiating teams to help resolve the long-running dispute.
The delegations are led by chief Janee Mujahere of Otjimbingwe and chief Boas Tjingaete of Otjombinde.
The two sides also agreed to reduce the size of their legal teams to lower costs and speed up the court process. Senior counsel will only be consulted when necessary instead of taking part in daily proceedings.
After two nights of negotiations, the parties also agreed to reduce the number of witnesses expected to testify during the trial.
Under the agreement, the applicant in the review application will call only two more witnesses after already presenting three witnesses, including himself.
The respondents will also call only two witnesses.
All witness affidavits already submitted to court will remain under oath and may still be used during proceedings if necessary.
“The teams believe that this arrangement will substantially shorten the duration of the court proceedings, reduce legal costs by several million Namibian dollars, and create a more conducive environment for reconciliation and engagement among the leadership and broader community,” the statement said.
The factions also agreed to continue engaging stakeholders, including the red, white and green flag regiment, to jointly host future commemorations and activities.
They added that both sides remain aligned on matters relating to the Ovaherero and Nama genocide and will continue advocating for restorative justice.
“Given that both factions have consistently maintained the OTA’s position on the Ovaherero and Nama genocide, it is envisaged that they will continue working toward common ground in advocating for restorative justice that serves the interests of all.”
The leaders also urged community members to remain calm and avoid inflammatory statements.
