[17] I agree with the submissions by Ms. Bassingthwaighte. The application which was attached to the Notice of Motion and the supporting affidavit (as Applicants’ Annexure “TH is that of the late Sylvanus Kaveriua Hoveka which was submitted to the Minister on 12 7”) October 2005. It is common cause that Sylvanus Kaveriua Hoveka passed on, on 16 November 2011 and that he is not a party to this proceedings. As I have indicated above s 5 of the Act deals with the procedure for the notification of the designation of a chief or head of a traditional authority. It specifically provides that if a traditional community intends to designate a chief or head of that traditional community the Chief's Council or the Traditional Council of that community, or if no Chief's Council or Traditional Council for that community exists, the members of that community who are authorised thereto by the customary law of on the prescribed form to the Minister for approval to make that community, must apply such designation. The application must amongst other things state the name, office and traditional title, if any, of the candidate to be designated as chief or head of the traditional community. [18] There is no application that has been placed before me in respect of Turimuro Retoveni Hoveka or for the recognition of the Hoveka Traditional Authority. In terms of s 5 of the Act it is mandatory that, if a traditional community intends to designate a chief or head of that traditional community the Chief's Council or the Traditional Council of that community, or if no Chief's Council or Traditional Council for that community exists, the members of that community who are authorized thereto by the customary law of that community, must apply on the prescribed form to the Minister for approval to make such designation. It follows that if there is no application there is nothing for the Minister to consider. If there is no application which the Minister can consider, than there is also no issue which the Minister can refer to the President as contemplated in s 5(3) of the Act and to that extent this court cannot compel the President to recognize and the first gazette applicant as the Chief of the Hoveka Royal House and to recognize and gazette the Hoveka Royal House as a Traditional Authority in terms of s 6 of the Act. [19] In the result, I make the following order: 1. That the application is hereby dismissed.
[17] I agree with the submissions by Ms. Bassingthwaighte. The application which was attached to the Applicants’ Notice of Motion and the supporting affidavit (as Annexure “TH 7”) is that of the late Sylvanus Kaveriua Hoveka which was submitted to the Minister on 12 October 2005. It is common cause that Sylvanus Kaveriua Hoveka passed on, on 16 November 2011 and that he is not a party to this proceedings. As I have indicated above s 5 of the Act deals with the procedure for the notification of the designation of a chief or head of a traditional authority. It specifically provides that if a traditional community intends to designate a chief or head of that traditional community the Chief's Council or the Traditional Council of that community, or if no Chief's Council or Traditional Council for that community exists, the members of that community who are authorised thereto by the customary law of that community, must apply on the prescribed form to the Minister for approval to make such designation. The application must amongst other things state the name, office and traditional title, if any, of the candidate to be designated as chief or head of the traditional community. [18] There is no application that has been placed before me in respect of Turimuro Retoveni Hoveka or for the recognition of the Hoveka Traditional Authority. In terms of s 5 of the Act it is mandatory that, if a traditional community intends to designate a chief or head of that traditional community the Chief's Council or the Traditional Council of that community, or if no Chief's Council or Traditional Council for that community exists, the members of that community who are authorized thereto by the customary law of that community, must apply on the prescribed form to the Minister for approval to make such designation. It follows that if there is no application there is nothing for the Minister to consider. If there is no application which the Minister can consider, than there is also no issue which the Minister can refer to the President as contemplated in s 5(3) of the Act and to that extent this court cannot compel the President to recognize and gazette the first applicant as the Chief of the Hoveka Royal House and to recognize and gazette the Hoveka Royal House as a Traditional Authority in terms of s 6 of the Act. [19] In the result, I make the following order: 1. That the application is hereby dismissed.