The Windhoek High Court on Tuesday heard that there was no urgency to elect a new Ovaherero “Paramount Chief” after the death of the late Ombara Otjitambi Vekuii Rukoro in 2021, but there was urgency to establish a transitional committee to manage the process.
The matter, which is before Judge Lotta Ambunda, continued with the cross-examination of Professor Mutjinde Katjiua, who was questioned about the process that led to his nomination as Paramount Chief in March 2022.
Katjiua told the court that COVID-19 regulations made it impossible for the Ovaherero Senate to meet at the time following the death of the Paramount Chief.
A seven-member transitional committee was then formed to deal with the matter. The committee included himself and Mac Albert Hengari, among others.
He said the transitional committee’s role was to step into the shoes of the Paramount Chief until a way forward was agreed upon.
Katjiua testified that he was elected by the chiefs’ council on 6 March 2022, but maintained that the meeting was not called specifically to elect a Paramount Chief.
“The purpose of the meeting was to discuss the way forward because the tenure of the transitional committee was coming to an end and to decide who would act as the Paramount Chief,” he said.
He further told the court that he was not elected through a contested process but was only nominated by the chiefs’ council, with no opposing candidate.
Katjiua said there had been no formal written communication indicating that a Paramount Chief would be chosen at the meeting. He also confirmed that there was no written agenda or written invitation circulated before the gathering.
However, he said a radio announcement was made inviting chiefs to attend the meeting.
When questioned about the missing documents relating to the meeting in the court record, Katjiua said he did not know why they were excluded.
Katjiua also disputed claims that the OTA chairperson automatically became the acting Paramount Chief after the death of a Paramount Chief.
He testified that the customary or traditional chiefs’ council no longer exists in law and that all matters must proceed through proclamation.
According to Katjiua, Kapuuo was not the chairperson of the statutory chiefs’ council because only the Paramount Chief can hold that position.
He described Kapuuo’s title as an honorific position and said Kapuuo, therefore, did not qualify to assume immediate acting authority as Paramount Chief.
Katjiua further testified that the chiefs’ council meeting where he was nominated was attended by chiefs, headmen, and technical advisors from across the Ovaherero community. He said he attended the meeting but did not chair it.
He also stated that the statutory chiefs’ council consists of more than 100 members.
During proceedings, lawyer Raymond Heathcote, who is representing the applicants, described the actions of the transitional committee as “the epitome of a self-suiting coup d'état".
Katjiua defended the process, saying, “It is the prerogative of the Chiefs Council once the report is given to decide the way forward, and that is what they did.”
The matter continues before the Windhoek High Court.