Renthia Kaimbi
A Windhoek-based accountant has approached the High Court of Namibia to stop the OvaMbanderu Community Court from hearing a divorce-related claim brought by his ex-wife.
He argues that their marriage was already legally and finally dissolved by the High Court almost three years ago.
Zikamisee Justice Mbuende (39) filed an urgent review application in December 2025 against the clerk of the OvaMbanderu Community Court, his ex-wife Komao Lydia Ndjarakana, and the OvaMbanderu Traditional Authority.
He is asking the court to declare the community court’s decision to hear the matter “invalid and of no force or effect.”
In his papers, Mbuende says he and Ndjarakana married in community of property at Okahandja on 17 October 2014 under the Civil Marriage Act.
The marriage later broke down. Mbuende filed for divorce in the High Court in November 2022.
After a defended divorce, both parties, represented by lawyers, signed a detailed settlement agreement on 31 August 2023.
The settlement, for which the High Court made an order, divided their joint estate. This included properties in Okahandja, Windhoek, Gobabis, Maun in Botswana and a farming unit in Omaheke.
The High Court granted a final divorce order on 18 September 2023.
The court incorporated the settlement into the order, removed the matter from the roll, and treated it as final.
The dispute resurfaced in February 2025 when Mbuende received a summons to appear before the OvaMbanderu Community Court at Epukiro.
The summons, issued at Ndjarakana’s request, described the matter as “Compensation for Marriage – Divorce”.
Mbuende’s lawyer, Norman Tjombe, wrote to the community court and pointed out that the High Court had already dissolved the marriage and finalised the property division. He asked the court to withdraw the summons.
In August 2025, the community court replied in writing. It said, “Although the final order of divorce was issued… we are not disputing. But since they have been married traditionally, therefore they have to divorce traditionally, and this process has to be performed in this court.”
The court attached letters from Ndjarakana’s relatives. They claimed they witnessed a traditional wedding ceremony at Legothwana village in Botswana between 18 and 20 December 2015, more than a year after the couple’s civil marriage.
Mbuende disputes this. In his affidavit, he says no customary marriage took place.
He describes the Botswana event as a celebration for family and friends unable to attend the Namibian wedding, and not a second marriage ceremony.
He argues that the community court is acting unlawfully and abusing its powers. He relies on section 25 of the Community Courts Act, which bars a community court from dealing with a matter that another court has already decided.
Mbuende also accuses the community court of bias. He claims it violated his constitutional right to a fair hearing by gathering statements from his ex-wife’s relatives without his knowledge.
“By collecting evidence… in favour of the second respondent, the OvaMbanderu Community Court is violating my constitutional rights,” Mbuende states.
He is asking the High Court to review and set aside the community court’s decision to hear the claim and to declare it invalid.
Ndjarakana and the OvaMbanderu Traditional Authority have not yet filed their responses. The High Court is expected to hear the matter in the coming weeks.
