Hertta-Maria Amutenja
The Ondangwa Town Council and renowned Paediatrician, Doctor Solomon Amadhila, are being sued by a pensioner, Andreas Kalumbu over the removal of a gravestone that he placed on the grave of his late mother, Maria Ithindi.
Kalumbu, in documents filed at the Oshakati High Court is claiming N$82,000-00 and an order compelling the town council to plan the layout of the townlands of Ondangwa and the area of the cemetery and zone the area as a cemetery in terms of the Town Planning Scheme.
He also wants the Town Council to pay Amadhila a just and fair compensation in regard to the cemetery, which Amadhila insists forms part of his land.
The town council and Amadhila are cited as the first and second respondents. Kalumbu says that in 2017 he erected a gravestone on his mother’s grave at a cost of N$82,000-00.
However, in 2019 Amadhilia allegedly removed the gravestone and damaged it beyond repair.
“During July 2019, Amadhila willfully and intentionally and unlawfully removed or caused the memorial (gravestone) to be removed from the grave,” read the documents.
The mother of Kalumbu, among others, is buried on the portion of land occupied by Amadhila, who is also claimed to be the legitimate owner of customary land rights in respect of a portion of the Townlands located in Uupopo Location. This portion of land is adjacent to Kalumbu’s portion.
Kalumbu is claiming the town council failed to safeguard and maintain or take over any cemetery situated within its area of jurisdiction.
“In breach of its powers, duties and obligations as created by the Act and further in terms of its obligations created by its undertaking, the Town Council has failed or neglected to establish, safeguard, take over the cemetery, to demarcate the area of the cemetery and to have same zoned as a cemetery,” read the documents.
Amadhila, a Paediatrician with 43 years of experience, served as the country’s first Permanent Secretary in the Ministry of Health and Social Services and was appointed as Dinapama’s first Goodwill ambassador.
He asserted in his defence that Kalumbu erected an elaborate tombstone on his mother’s grave without his permission and in a clear breach of rules 42 and 49 of the town of Ondangwa cemetery Regulation: Local Authorities Act 23 of 1992.
“On the piece of land, a burial site existed until it was terminated for use during 1963, and has since been inactive. A new burial site had since 1963 been utilized to bury the remains of those who passed away from the surrounding area,”Amadhila argues.
It is further his position that in 2017, Kalumbu erected an elaborate tombstone allegedly on his mother’s grave site without his consent.
“There was no written permission from the Town Council with regard to the location of the burial site or how the grave was demarcated by the plaintiff,” he said.
He added that he removed the tombstone sometime in July 2019 as a result of the town council and Kalumbus ‘s failure to follow the law.
“From the above, it is evident that the first respondent pleaded that it cannot erect a cemetery without complying with the law and without broad consultation. Furthermore, that the applicant violated the laws when he erected the tombstone and cannot seek the protection of the law that he breached,” he added.
The matter will return to court next week Thursday. Deputy Judge President Hosea Angula is presiding.
