By John Kay WaDisho
NDIYONA, February 2,The Gciriku community, which has gone seven years without a substantive chief due to a prolonged chieftainship dispute, has welcomed a High Court ruling that set aside the 2023 decision approving Maraghuli Felix Mashika as designated chief of the Gciriku Traditional Authority.
In a judgment delivered on Friday, High Court Judge Justice Essi Schimming-Chase overturned the decision made by the then Minister of Urban and Rural Development, Erastus Utoni, which had approved Mashika’s designation. The court ruling has been described by the community as a major milestone and a step closer to restoring traditional leadership.
The dispute has been between Nkuruhompa Bartholomeus Aruvita Kayoka and his nephew, Maraghuli Felix Mashika. Following the ruling, the community has appealed to the current Minister of Urban and Rural Development, James Sankwasa, to facilitate the process and designate Kayoka as the rightful chief.
Justice Schimming-Chase further ordered Mashika to be among the parties responsible for paying several years of legal costs incurred by Kayoka. The court also directed the Ministry of Urban and Rural Development and the Gciriku Traditional Authority to contribute to Kayoka’s legal costs.
Kayoka had successfully petitioned the High Court to review and overturn the September 2023 decision that approved Mashika’s designation. He argued that the decision violated established Gciriku customary law, which prioritises seniority within the royal family in matters of succession.
In her judgment, Justice Schimming-Chase found that the Minister had failed to properly determine the applicable customary law of succession for the Gciriku traditional community, as required under Section 12(4) of the Traditional Authorities Act, 25 of 2000.
“The matter has been remitted to the Minister for reconsideration, with instructions to clearly determine the applicable customary law and to provide reasons for any successful candidate meeting those requirements,” the judgment read.
The Minister has been given 90 days to make a new decision and to provide a full explanation for it. The court also ruled that the matter is final and has been removed from the roll.
Speaking to New Era, a visibly relieved Nkuruhompa Kayoka expressed satisfaction with the ruling, saying Gciriku chieftainship succession is determined by seniority within the royal family, followed by selection by royal elders a process he said he duly followed and application which was endorsed by the Kavango East Regional Governor.
“I am very happy with the ruling. We waited patiently for a very long time while the community remained without a chief,” Nkuruhompa Kayoka said.
The Gciriku Senior Headman, who is currently serving as caretaker chief of the Gciriku Traditional Authority Festus Shikerete also welcomed the ruling, expressing confidence that it would finally lead to the appointment of a chief.
“I hope Minister Sankwasa will not take the full three months given by the court before designating Nkuruhompa Kayoka,” he said.
Community leader from Shighuru village, Benediktus Makanga, said the ruling would help unite the community of Shighuru village too adding that the seven-year absence of a chief had been a difficult period.
“Those were dark years for us,” Makanga said.
Efforts to obtain comment from Minister Sankwasa were unsuccessful by the time of publication, as his mobile phone went unanswered. His office later informed this reporter that the Minister was attending a Cabinet meeting.-Namibia Daily News
