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New Era Newspaper Friday September 1, 2017

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Friday, September 1 2017 | NEW ERA NEWS 2 Selma Ikela Windhoek Ovambanderu Traditional Authority (OTA) chief Kilus Nguvauva has called on the media not to entertain or refer to claimant to the Ovambanderu chieftancy Aletha Nguvauva as a chief. Kilus said with regard to the dispute between him and Aletha – his late father’s widow – that the Traditional Authorities Act states who is supposed to be the chief and the court had also ruled that Aletha was not from the Nguvauva clan, based on both (Kilus and Aletha’s) bloodlines. Kilus is the Ovambanderu chief officially recognised by government. He was responding to Aletha’s faction, who this week claimed that Kilus was not fit to be chief, according to their customs, as he was born out of wedlock. Kilus asked if Aletha was born in wedlock and further stated that even if he was not born in wedlock, there were customary rituals he underwent Aletha is not a chief, says Kilus Nguvauva and after these rituals, it is as if he was born in wedlock. “ I went through rituals and she (Aletha) knows that,” Kilus said. “They (Aletha’s faction) broke away and there is nothing you can do, but is it legally incorrect for you to refer to her as paramount chief, while it was found that she is not the chief. The NBC (Namibian Broadcasting Corporation) Otjiherero Radio and New Era are referring to her as ‘chief’. What are you informing the nation? Privately they can do that, but for an institution to refer to her as a chief is wrong and that is what you are doing,” Kilus maintained. “Don’t entertain them, otherwise you are misinforming the Namibian nation,” he said. Asked how the press should refer to his rival, Kilus responded, “as Aletta Karikondua, a member of the Ovambanderu community. “She is just a member, but when you are at a cuca shop, where you have your beer privately, you can say ‘chief’. Legally she is not a leader of the Ovambanderu community.” This week Aletha announced the establishment of an Ovambanderu Traditional Council, which does not fall under the Traditional Authority Act, after she approached the government for recognition earlier this year. Kilus says whether it is called, “council or whatever”, the group belonging to OTC remain his people and are his subjects. “Aletha Karikondua is my stepmother and she is my subject, even Erastus Kahuure claiming he is a senior leader – he was gazetted under Kilus’ authority. However, Erastus and several other leaders were de-gazetted,” Kilus noted. He further said he was convinced that even if Aletha’s faction applies they will not be recognised as a traditional authority, but he would wait and see. “I will take my decision from there and I am fully convinced through the law of the republic that they can’t be recognised, based of the Traditional Authorities Act. “Even if they call themselves the OTC, it is clear they were part and parcel of the OTA and can’t take members, as the Act says, and create another authority.” LAND From page 1 President Geingob said his decision was prompted by a number of concerns articulated by some stakeholders, who expressed the need for wider public consultations. He further revealed that his decision was met with mixed feelings by some senior ministers, as some were opposed to the postponement. “Let’s take time to study it,” he said with reference to the broader land issue. We are talking about ancestral land. These are very complicated matters,” he told journalists. LAKE From page 1 For the time being, he said, fisheries inspectors, the police and the community of Muyako where the lake is located, have set up a fisheries committee to deter those fishing illegally. He said the law enforcement agencies have been conducting operations whereby people found fishing illegally with nets were arrested and fined up to N0. “The first conference failed to address that. So why should we rush now? Some ministers are not happy, but I am deciding let’s give people more time. That’s why we are going to postpone it,” he reiterated. President Geingob acknowledged that the land issue is an emotive issue, especially now that the question of ancestral land has been dragged to the centre of the debate. Therefore, he said, there is no need to rush the second land conference, as it would be better to give all concerned parties adequate time to deliberate on the issues and get proper input. “I got letters, one from NAN- GOF and the other signed by the youth leader [Mandela] Kapere, expressing fear that we are not doing it the right way,” Geingob said. “We have not been consulting properly. The meetings called were not there to solicit proper input from the people. “And because of that appeal I replied to say: ‘I will study your concerns, and if I see that there is some truth in it, then why should I rush it?’ The idea is to get proper input,” Geingob explained. He said no fixed date has yet been set for the land conference to take place. The date will likely be subject to further consultation. Further, Sampofu said since many of the people who are engaged in illegal fishing are Zambian nationals, the Namibian immigration officials deport them, but they tend to find their way back into Namibia through ungazetted routes. “This is difficult to control, because you can’t have the police officers holding hands along the border,” he remarked. Regarding the availability of fish at Katima Mulilo open market, Sampofu said the stalls were empty and the fish available there was sourced mainly from ponds in Zambia and Botswana. He also urged residents to take care of the scarce fish resources and to avoid overfishing. Fish from the Lake Liambezi is a local delicacy, and used to be widely available at the Katima Mulilo open market at reasonable prices, but Sampofu noted that a Zambezi bream, which used to cost N, now costs about N0. LUMUMBA From page 1 He is an admirer of Patrice Lumumba and Thomas Sankara, the assassinated former revolutionary leaders of the DRC and Burkina Faso, respectively. Lumumba rates Namibia highly, but believes the country would be a better place for its inhabitants if the thorny land issue is properly addressed. New Era Publication Corporation CEO Dr Audrin Mathe, commenting on the visit, said: “We see our mandate – which is to inform, educate and entertain – broadly, and that it cannot be confined to putting out a newspaper every day. “Professor Lumumba is an embodiment of all those three aspects and we’re extremely excited that he agreed to come educate, inform and entertain us with his witty, but deeply intellectual engagement.” Corporate tables for the breakfast event are selling for N,000 a table, while individual tickets for the evening lecture are available for N0 at Computicket outlets across the country. Both events will take place at the Gateway Conference Centre, situated at the corner of Florence Nightingale and Hans Dietrich Genscher streets at the entrance to Khomasdal. Further information about the event can be obtained from New Era’s head office, telephone number 061-273300. SHANINGUA From page 1 The two types of murder conviction are different in that murder with intent means an accused should have foreseen their actions might lead to the death of someone, while murder with direct intent is when an accused directly intended to kill a person. Ronni died in a hail of bullets after he rammed into the rear of the car Shaningua was sitting in along Bell Street in the Southern Industrial area, in what the judge described as an act of “road rage’’ that went awry. According to Liebenberg, while it was not the intention of Shaningua to kill Ronni, it was wholly unacceptable that a person, even if he is the cause of causing such collision, can be executed at the scene by the other driver. He said each and every person who drives a vehicle can expect to be involved in a collision at some or other time. While the murder was not premeditated, the judge said it was certainly cold-blooded and unnecessary. He said the wider society is outraged by crimes of this nature. The judge went on to say even where an accused’s personal circumstances are extremely favourable the court must yield to society’s legitimate demand that its members be entitled to drive on the roads without fear of being murdered by other irate drivers. With regard to Shaningua’s undertaking to financially support the three children of his victim, the judge remarked that however noble and sincere the undertaking might be, care must be taken not to create the impression that a wrongdoer can be ordered to pay fines to the aggrieved party; nor should society be brought under the impression that a rich man can use his relative wealth to obtain for himself a lesser sentence of imprisonment than that which a poorer man would receive in the same circumstances. The judge further said the verdict on the lesser count should not be seen as mitigating, but as a matter of fact his continued reckless shooting at the body of the deceased’s vehicle increased his moral blameworthiness. “Nothing justified the accused to resort to his firearm in order to stop the deceased from departing the scene,” Judge Liebenberg stressed. In the present circumstances, he found, it was necessary to send a deterrent message to the society at large that conduct, as demonstrated by the accused, will not and should not be tolerated. Therefore, the imposition of a sentence of lengthy prison term was inevitable. The judge also declared the firearm used forfeited to the State and ordered Shaningua not fit to possess a firearm for five years after his release from prison. Deputy Prosecutor General Karin Esterhuysen appeared for the State and Shaningua was represented by Advocate Slysken Makando.

Friday, September 1 2017| NEW ERA NEWS 3 Detective testifies in German’s ‘murder’ Still at large… Nan Chen Rhino horn suspect still on the run Maria Amakali Windhoek One of the detectives who was present at the crime scene of German national Michael Breder, who was shot by his former lover Anthea Arnold, took the stand to explain the nature of a note found six years back. Detective Sergeant Paulus Namindo explained that on the date in question, he was informed by his colleague of a handwritten note found in the deceased’s house. “I took the note from the table and it was written, ‘I did it because he infected me with HIV and I feel nothing about it.’ I think the accused killed the deceased because of that problem,” explained Namindo. Thirty-two-year-old Arnold is standing trial for murder in connection with the death of 52-year-old Breder whom she had dated for five years. Breder’s corpse was found with a bullet in his car. The prosecution says that on May 15, 2011 Arnold took her former boyfriend’s handgun and shot him while seated in his car in Windhoek’s Southern Industrial Area. Arnold, although having confessed to the killing to one of the state witnesses, has however denied guilt in court, stating that she acted in self-defence. She explained that Breder had invited her to his home where he was drinking and became aggressive towards her. They were seated in the car when an argument broke out, which resulted in Breder assaulting her. To defend herself, Arnold reached for Breder’s gun and shot him once. According to the autopsy report, Breder was hit by a bullet that passed through his spinal column, aorta and heart. The report further indicated the gunshot was fired from a distance of less than 15 centimetres. Arnold has been in police custody since her arrest in June of last year following her failure to show up for court proceedings. Magistrate Ileni Velikoshi postponed the matter to September 14 for continuation of trial. Arnold was represented by Mbanga Siyomunji, with Erastus Hatutale prosecuting. Maria Amakali Windhoek Nan Chen, the Chinese national accused of illegally dealing in wildlife products, is still on the run from the police. Nan, 29, was arrested last year with fellow Chinese Yanghui Lu, 41, after being found in possession of fresh rhino horns with a combined weight of 5.5 kg. Nan failed to make a court appearance for the third time. The pair were each granted bail of N0,000 in April on condition they make their mandatory court appearance. Chen’s bail has been forfeited to the State, which fears Nan may have fled to his country of origin. The duo face charges of possession and dealing in illegal wildlife products. In court they have denied ever having a hand in any illegal dealings, stating they are not the only ones who had access to the flat they resided at. Nan and Yanghui were busted by the police at their rented flat in Eros, Windhoek in January 2016 with rhino we have Plenty of space 061 24 5588 horns weighing 5.5 kg. A poaching kit containing a hunting rifle and bullets were also found at the flat. The pair were in Namibia on work visas. Lu’s defence counsel Mbushandje Ntinda asked if his client’s bail conditions could be amended. Ntinda informed the court that since his client’s passport has been confiscated he has been experiencing difficulties at the bank and with the police. Yanghui, who has been residing in the country for an extended period since 2001, has business dealings in the north and is said to be working on a mass housing project in Katima Mulilo, which has now been put on hold State prosecutor Rowan van Wyk explained that the accused could be given his passport to make copies of that can be certified for use. Since investigations have been finalised, the magistrate Venessa Stanley postponed the matter to November 10 for the case to be forwarded to the prosecutor-general for a decision. to store and manage all your records and documents The Gateway to Endless Opportunities REZONING NOTICE Take notice that the Windhoek Municipal Council intends to rezone Erven 1746 and 1745, Okuryangava Township, from Institutional to Undetermined. The proposed zoning will allow the applicant to consolidate Erf 1740 with erven 1746 and 1745 and further zone the consolidated Erf as Residential. The consolidated Erf will further be subdivided informally to accommodate for informal settlement residing over the three erven. Further take notice that the plan of the erven lies for inspection on the town planning notice board in the Customer Care Centre, Main Municipal Offices, Rev. Michael Scott Street, Windhoek. Further take notice that any person objecting to the proposed use of the land as set out above may lodge such objection together with the grounds thereof, with the City and with the applicant in writing within 14 days of the last publication of this notice. V Endjala Manager: Sustainable Development Notice No: 32/2017 The Gateway to Endless Opportunities PUBLIC NOTICE PERMANENT CLOSING OF ERF 1740 OKURYANGAVA AS “PUBLIC OPEN SPACE”. THE ERF IS APPROXIMATELY 19214.50M² IN EXTEN AND TO BE ZONE UNDETERMINED. Notice is hereby given in terms of article 50 (1) (a) (ii) of the Local Authorities Act of 1992 (Act 23 of 1992) that the City of Windhoek proposes to close permanent the undermentioned portion as indicated on locality plan, which lies for inspection urin ffice urs at te ffice f the Division: Urban Planning Room , Municipal Offices, nepenence Avenue. PERMANENT CLOSING OF ERF 1740 OKURYANGAVA AS “PUBLIC OPEN SPACE”. THE ERF IS APPROXIMATELY 19214.50M² IN EXTEN AND TO BE ZONE UNDETERMINED. Objections to the proposed closing are to be served on the Secretary: Townships Board, Private Bag 13289, an te Cief ecutie Officer, O 59, Windhoek, within 14 days after the appearance of this notice in accordance with Article 50 (1) (C) of the above Act. V Endjala Manager: Sustainable Development Notice No: 33/2017

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New Era Newspaper Vol 22 No 167