Frequent Asked Questions (FAQ) (Omapulo haa pulwa olundji)
- Where exactly is Ombalantu Traditional Authority Office?
= Ombelewa yElelo lyOshilongo oyi li peni?
- What is the purpose of this website?
= Elalakano lyepandja ndi olyashi?
SOME OF THE CHALLENGES WHICH HAVE NECESSITATED THE INTRODUCTION OF THE OMBALANTU TRADTIONAL AUTHORITY WEBSITE ARE;
- Death: Upon the death of the father who had two wives or in the second marriage the children of the first marriage always have problem to let the second wife inherit the homestead of their father. That is against paragraph eight (8) of the Ombalantu Traditional Authority rules and regulations that says widowers should be allowed to stay in their former husband’s homestead after they have pass away and the decision of Eight Northern Traditional Authorities that had decided likewise in 1993. For further clarity, please read the rules and regulations of the Ombalantu Traditional Authority (Ooveta dhelelo lyo pamuthigululwakalo dhoshilongo shambalantu) and a Book with a Title Customary Ascertained Volume 1, on Customary Law of the Owambo, Kavango and Caprivi Communities of Namibia, the Ombalantu rules are from page 49 to 84 in that Book.
Furthermore, section 26 (2) of the Communal Land Reform Act, Act No: 5 of 2002 stated clearly that upon the death of the holder of the right referred to in subsection (1) such right reverts to the Chief or to the Traditional Authority for re-allocation forthwith. The Act give the first preference to the widowers in other words the surviving spouse of the deceased person, if he or she consent to the allocation and if he or she didn’t consent to the allocation then the children will be considered.
- Illegal Fencing: Some of the well-to-do people used to fence off large areas or places without following the right procedures. Section 44 (1) (a) and (b) of the Communal Land Reform Act, Act No: 5 of 2002 stated very clearly the procedures to be followed when a person erects a fence or causes it to be erected on a Communal Land. While 44 (2), (3) and (4) have provided the action to be taken once the person failed to adhere to the said procedures.
- Appointing of Headmen: Upon the death or any other circumstances where the Headmen unable to perform his or her duties. Some people in the community use to appoint someone to replace the headmen without seeking first the authorization from the Traditional Authority. That is contrary to Section 10 (1) (a) and (b) of the Traditional Authorities Act, Act 25 of 2000, the referred sections made it very clear that the Chief or Head of a Traditional Community shall appoint from amongst the members of his or her Traditional Community or cause to be elected by such members from amongst their number.
That means legally the Chief or Head of a Traditional Community is the only appointing Authority of any appointment in the Traditional Community. Therefore, any appointment made without the consent of the Chief or Head of the Traditional Community will be dealt with in terms of section 3 subsection (4) of the Traditional Authorities Act 25 of 2000. If the election is to be held it has to be supervised by Chief or Head of a Traditional Community. Moreover, elections are only held or applicable to those Traditional communities who have customs of conducting election upon the death of their leaders or if there is a dispute amongst the possible heirs but many Traditional Communities in Namibia including the Eight Northern Traditional Communities do the successions of their through appointment, which means the incumbent appoint his or successor.
This is in line with Article 66 of the Namibian Constitution which has recognized both customary law and common law by stating that all customary law and common law which were in force on the date of Independence is to remain valid to the extent to which such customary law does not conflict with the Constitution or any other statutory law. In this connection the practice of appointing once successor does not conflict the Constitution.
Furthermore, section 102 (5) of the Namibian Constitution has made the provision for the establishment of the Council of Traditional Leaders through the Act of Parliament to advise the President on the control and utilization of the communal Land and also on any other matters as may be referred to it by the President for advice.
- NB. In other words, the Communal Land belongs to the State and the State entrusted it in the hands of the Traditional Authorities for Control and utilization. That means anything related to the homestead inheritance or Land disputes issues should be dealt with by the Traditional Authority and not by the Constituency Councilors. Until it reached a certain stage where the Traditional Authority is unable to resolve it and hand it over the Political masters for the final decision.
To this end, the Communal Land Reform Act 5 of 2002 and Traditional Authorities Act 25 of 2000 are Acts of Parliament and legal instruments use by all Traditional Authorities, therefore we ought to adhere to without any hesitations.
- How do I get started if I don’t read English?
= Andi tameke ngeepi nge kandi shii Oshiingilisa?
- First get access to internet and type in the browser www.ombalantu.org?
Tango inda mointaneta ndele to nyola ondjukifi ndji www.ombalantu.org
- What do I do when it opens because I can’t read English?
= Nandi ninge ngeepi nge oya patuluka shaashi kandi shii okulesha Oshiingilisa?