Kwanyama/Ndonga territorial dispute case not heard

WINDHOEK: The court case involving the Ondonga and Oukwanyama Traditional Authorities which was scheduled to take place in the High Court today did not take place.

Judge Kobus Miller who is presiding over the case was expected to give his judgement but did not due to official commitments in the Urgent application to postpone the 2014 Presidential and National Assembly elections which ended yesterday.

The judgement could be postponed to 2015but a court date is yet to be announced by the judge.

In the matter, the Ondonga Traditional Authority is suing the Oukwanyama Traditional Authority over a territorial border dispute between the two traditional authorities.

The case involves a legal wrangle between the Ondonga and Oukwanyama Traditional Authorities over a border area.

The territorial battle has continued since a binding agreement was signed by the heads of the two traditional authorities in March 2014, and the Oukwanyama Traditional Authority has said it does not regard the March 2004 agreement as binding.

This agreement was supposed to settle a long-standing border dispute between the two traditional authorities.

According to papers presented before court during the hearing, there were a number of clashes between the communities residing alongside the disputed areas after some of the subjects of the Ondonga Traditional Authority allegedly started to defy its authority, claiming to be under the jurisdiction of the Oukwanyama Traditional Authority.

The agreement was signed by Ondonga King Immanuel Elifas and the late Oukwanyama leader, King Kornelius Shelungu and Namibia’s Founding President Sam Nujoma, as a witness.

The Ondonga Traditional Authority is being represented by Windhoek-based defence lawyer Sisa Namandje while Prominent human rights’ lawyer Norman Tjombe is representing the Oukwanyama Traditional Authority.