/Khomanin Protest Sankwasa Gawanas Removal: Community Demands Answers

• A faction of the /Khomanin Traditional Community plans to protest at the Ministry of Urban and Rural Development, demanding answers from Minister James Sankwasa.
• The protest stems from an escalating dispute over the community's attempt to remove Gaos Julienne Gawanas as chief, citing Section 8(1) of the Traditional Authorities Act 25 of 2000.
• A community vote in April saw 634 members support Gawanas' removal, but Minister Sankwasa has disavowed the process, stating his ministry did not sanction the election.
• The steering committee argues that the Traditional Authorities Act 25 of 2000 does not require ministerial permission for such votes, and they had informed stakeholders.
• Allegations against Gawanas include abuse of power, illegal land sales, and mismanagement of community funds, all of which her advisor has denied.

This ongoing dispute highlights a critical tension between community self-determination in traditional leadership matters and the oversight role of the Ministry of Urban and Rural Development under the Namibia Traditional Authorities Act 25 of 2000.

A significant demonstration is anticipated as a faction of the /Khomanin Traditional Community plans to march to the Ministry of Urban and Rural Development building. The protest aims to secure direct answers from Minister James Sankwasa regarding persistent, unresolved issues affecting the traditional community. Organizers, a steering committee representing the /Khomanin, expect approximately 1,000 community members to participate in the upcoming event.

The committee has indicated that all other avenues for resolution have been exhausted. They are demanding a formal, written response from Minister Sankwasa to petitions and documents previously submitted to his office. These submissions detail concerns about the leadership and overall management of the community's affairs, which the committee believes warrant urgent ministerial attention. The steering committee's acting head, Shaun Asprilla Gariseb, affirmed that the community has already received some responses from the minister's office but now seeks a more definitive and comprehensive reply after their documents have been assessed.

This planned protest is the latest development in an escalating dispute between the /Khomanin community and the ministry, primarily centered on the attempted removal of Gaos Julienne Gawanas as chief of the /Khomanin Traditional Community. The community's efforts to remove Gawanas are grounded in Section 8(1) of the Namibia Traditional Authorities Act 25 of 2000. This follows a January meeting at AI Steenkamp Primary School, where over 700 /Khomanin community members convened to discuss concerns about the traditional authority's leadership, ultimately resolving to pursue the removal of Gawanas and her council.

The core of the current conflict revolves around a community-led vote held in April, which saw 634 members vote in favor of removing Gaos Julienne Gawanas and her traditional council, while 69 members voted for them to remain in office. This vote, reported by New Era, was overseen by an independent candidate, Simon Gaiseb, from the Erongo region. However, Minister James Sankwasa has publicly distanced his ministry from the process, stating that his office did not sanction the election and that he was unaware of who appointed the individual overseeing the vote. Sankwasa questioned the neutrality of the overseer and the considerations made prior to the election.

The minister's comments have drawn strong criticism from the /Khomanin steering committee, which asserts that the community was not legally required to obtain permission from the ministry to conduct the vote. According to Shaun Asprilla Gariseb, the committee had informed both the ministry and other relevant stakeholders about the process and extended invitations for them to participate as observers. Gariseb emphasized that the Traditional Authorities Act 25 of 2000 does not stipulate that community elections require ministerial sanction or permission, underscoring the community's belief in its autonomous right to initiate such a process.

Beyond the procedural dispute over the vote, the /Khomanin Traditional Community has submitted extensive documentation to the ministry, outlining what it considers sufficient grounds for the removal of Gaos Julienne Gawanas. The community is awaiting a formal response to these submissions, with Gariseb stating that the provided reasons more than justify Gawanas' removal, as they no longer consider her their chief.

Specific allegations leveled against Gawanas and her council include abuse of power, involvement in illegal land sales, and mismanagement of community funds. These serious accusations form a significant part of the community's case for her removal. However, representatives for Gaos Julienne Gawanas have vehemently rejected these claims. Her advisor, Walter Haseb, previously described the removal process as illegal and categorically denied any instances of the traditional authority selling communal land or mismanaging community funds. Haseb challenged those making the allegations to report any evidence of wrongdoing to law enforcement authorities, asserting that no such misconduct had occurred.

This ongoing dispute highlights a critical tension between community self-determination in traditional leadership matters and the oversight role of the Ministry of Urban and Rural Development under the Namibia Traditional Authorities Act 25 of 2000. The /Khomanin Traditional Community's insistence on its right to initiate a chief's removal without direct ministerial sanction, contrasted with Minister Sankwasa's questioning of the vote's legitimacy, sets a precedent for how such processes might be interpreted and managed in the future. The outcome of this particular conflict could significantly influence the balance of power and procedural requirements for traditional authority leadership changes across Namibia.

The steering committee's determination to secure a formal, written response from the minister underscores the community's demand for accountability and clarity. The resolution of this dispute, encompassing both the procedural validity of the removal vote and the substantive allegations of misconduct, will be closely watched by other traditional communities and legal observers. It stands to clarify the extent of community autonomy in leadership selection and removal, as well as the precise boundaries of ministerial intervention within Namibia's traditional governance framework.

Lawyers advising traditional authorities or community groups in Namibia should closely monitor this dispute, as it highlights critical interpretations of the Traditional Authorities Act 25 of 2000 regarding community-led chief removal processes versus ministerial oversight. The outcome could clarify legal requirements for such actions and the extent of community autonomy in traditional leadership matters.

Source: Original reporting via New Era