Windhoek High Court: Overturns Sankwasa's Uukolonkadhi Chief Approval

• The Windhoek High Court set aside Minister James Sankwasa’s approval of Malakia Shoombe as chief of the Uukolonkadhi Traditional Authority.
• Judge Hannelie Prinsloo ruled that the Minister committed an error of law and misunderstood his powers under the Traditional Authorities Act 25 of 2000.
• The court clarified that the Minister's role is administrative approval, not independent selection of a traditional leader.
• The chieftainship application has been referred back to Minister Sankwasa for reconsideration according to the Act.
• The court did not declare Johannes Asino the lawful chief, stating it could not resolve complex customary law succession claims on the papers presented.

Judge Prinsloo firmly articulated this boundary, stating, "The minister does not possess an independent power to select a candidate of his own choice."

The Windhoek High Court recently delivered a significant ruling, overturning the approval by Urban and Rural Development Minister James Sankwasa of Malakia Shoombe as the chief of the Uukolonkadhi Traditional Authority. In a judgment issued on a Thursday afternoon, Judge Hannelie Prinsloo determined that the Minister had committed an error of law and failed to adequately consider pertinent evidence when evaluating the chieftainship application. This decision mandates that the application for the Uukolonkadhi chieftainship be returned to Minister Sankwasa for a fresh review, strictly adhering to the provisions of the Traditional Authorities Act 25 of 2000 Namibia.

The Minister's original approval of Malakia Shoombe's designation had taken place on 9 January 2026. The court's intervention underscores a critical distinction regarding the scope of ministerial authority in such matters. While the court set aside the approval, it did not proceed to designate an alternative chief, instead opting to refer the matter back to the administrative process for proper reconsideration.

Central to the High Court's decision was a clarification of the Minister's role under the Traditional Authorities Act 25 of 2000. Judge Prinsloo explicitly stated that Minister James Sankwasa had misunderstood the true extent of his powers. The judgment emphasized that the Minister's function is strictly limited to providing administrative approval for an application that has been properly submitted and vetted according to established procedures. It does not, however, grant the Minister the authority to independently select a traditional leader.

The court's pronouncement highlighted that Section 5 of the Traditional Authorities Act confers only administrative authority upon the Minister to endorse a designation. Crucially, this statutory provision does not empower the government to make the ultimate determination of who should ascend to a chieftainship under customary law. Judge Prinsloo firmly articulated this boundary, stating, "The minister does not possess an independent power to select a candidate of his own choice." This ruling serves as a vital precedent for understanding the separation of powers between governmental administration and traditional customary practices in Namibia.

The High Court's review of the traditional authority decision arose from a protracted Namibia customary law succession dispute within the Uukolonkadhi community. The contention pits Malakia Shoombe against his nephew, Johannes Asino, both vying for the chieftainship following the passing of the late chief Daniel Shooya in October 2024. Each claimant asserts that Chief Shooya had nominated them as his preferred successor prior to his death.

Johannes Asino presented his case by stating that Chief Shooya had nominated him as far back as 1996, with the royal family subsequently designating him as the successor on 4 January 2025. Asino further argued that Malakia Shoombe’s appointment as acting chief on 15 October 2020 was merely a temporary arrangement, necessitated by Shoombe's professional commitments at the time, and was never intended as a permanent designation for the chieftainship. Despite these competing claims, it was Malakia Shoombe who had subsequently received the ministerial approval from James Sankwasa, which the High Court has now set aside.

While the Windhoek High Court effectively overturned the Minister's approval, it deliberately refrained from declaring Johannes Asino as the rightful chief of the Uukolonkadhi Traditional Authority. Judge Prinsloo explained that the court was not in a suitable position to adjudicate the competing customary succession claims. Such determinations, the judge noted, involve intricate and disputed questions of customary law and require a depth of evidence that could not be adequately resolved based solely on the documents presented to the court.

The judgment explicitly stated, “The court expressed no view on the correctness of either candidate’s customary claim. Those questions depend on disputed customary law and succession evidence that cannot be resolved on these papers.” This aspect of the ruling is significant, as it clarifies the judiciary's role in traditional leadership disputes. It establishes that while administrative decisions related to traditional authorities are subject to judicial review, the courts will generally defer to the appropriate traditional structures to resolve the substantive customary law aspects of succession, particularly when factual disputes are involved. This precedent reinforces the importance of proper process and evidence in both administrative approvals and customary law claims.

This ruling clarifies the limits of ministerial authority under the Traditional Authorities Act 25 of 2000 in Namibia, establishing that the Minister's role is strictly administrative approval, not independent selection of traditional leaders. Lawyers advising traditional authorities or individuals in succession disputes should note this precedent when challenging or defending ministerial decisions, particularly regarding the scope of evidence required for customary law claims.

Source: Original reporting via Namibian press.