Ovaherero Chief’s Council Chairperson takes legal action … as council meeting approaches

Tujoromajo Kasuto

Ovaherero Chief’s Council Chairperson, Vipuira Kapuuo, has issued a letter today through his legal representatives PD Theron and Associates stopping the Chief’s Coucil meeting scheduled for this Saturday as was announced this morning on the Namibian Broadcasting Corporation (NBC)’s Omurari FM current affairs programme, Keetute.

According to the lawyer’s letter Kapuuo has been overlooked regarding decisions made concerning the Chief’s Council’s meeting which was slated for this weekend. The letter has been issued to Chief Bethold Tjiundje, Deputy Chairperson of the Chief’s Council, Tjizapouzeu Uahupirapi who is the Chief Administration Officer in the office of the Ovaherero Traditional Authority and Professor Mutjinde Katjiua, Secretary in the Office of the Paramount Chief.
Kapuuo’s frustration, surprise and dismay comes after he heard an announcement on the radio that the administration of the OTA is finding it difficult to get a hold of him, and more shockingly that Tjiundje and Chief Tjingaete further announced that a Council Meeting will indeed take place during the weekend of 10 – 12 December in Aminuis.

Kapuuo states he has no knowledge of any attempt made to contact him, despite being available.

According to the letter by virtue of him as Chairperson of the Chief’s Council, it is Kapuuo’s responsibility to duty call any Chief’s Council meeting, set the date and venue, and determine the initial agenda. This intended Council meeting has therefore been scheduled without his authorization as chairperson.

Kapuuo presumably intended and gave notice of his intention to call a Chiefs’ Council meeting for the weekend of 10 – 12, provided certain requirements were met. The requirements were that all Council members indicate their availability, the issue of irregular attendance of Council meetings by non-members first be resolved and that all Council members be properly and formally invited to attend the Council meeting.

Furthermore, the dispute declared by the Otjinene Constituency with the late Paramount Chief and his office first be resolved as agreed; that the vacant chiefs positions resulting from the untimely death of a number of chiefs first be filled to ensure that those communities are properly represented at any Chief’s Council meeting.

Unfortunately, according to the lawyer’s letter, these provisions have not yet been fulfilled, as certain non-members maintain that they are members and many Council members have indicated that the date does not suit them. Hence the Council meeting will not proceed over the weekend of 10-12 December.

Furthermore, understanadbly Kapuuo attempted to meet with Tjiundje to discuss a resolution of the aforesaid issues before the intended Council meeting can take place.

However, Tjiundje presumably refused to meet with Kapuuo after an appointment was already agreed upon. “This is completely irregular, and our client considers this as an act to undermine his authority and that of the other senior chiefs, all persons concerned are herewith notified that no Council Meeting will take place during 10 – 12 December2021. Any decisions taken at such meeting shall be irregular and of no force or effect.” the letter adds.

Kapuuo intents to approach the High Court for an interdict against any person who may seek to give execution of any decision taken at “ this irregular meeting” scheduled for this weekend and will apply for a cost order against such persons in their personal capacity.

The administration office of the OTA is furthermore herewith instructed by Kapuuo to immediately seize to issue any correspondence purporting to be from the OTA without his permission. Any person that transgresses this direct instruction will be subjected to disciplinary proceedings.

‘Our client is already in the process of scheduling a properly constituted Council Meeting for early 2022 and measures are already underway to ensure that the pre¬requisites set out hereinabove are met. The date and venue for this Council meeting will be advised in due course and formal invitations will be issued to authorised Council Members,” the lawyer’s letter concludes

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