3.6 Customary Law applicable in the in the designation of a Chief The investigation committee was informed in terms of their customary law applicable in designating a chief, leadership in the Himba line is Oruzu (paternal) Muniomuhoro Kapika was the father of Hikumuine Kapika so the successions is inherited paternally from the father side. Ombara Mukupatjirongo Tjiiuiju (Omukuendata line) was not having a son that is why –maternal his son Kahengombe Kapika (Omukuendata) succeeded him as Chief. No matter where sister’s succession derives from, the maternal line of Ovakuendata is the appointing authority of the succeeding chief.’ [46] Apart from the fact that the Minister has failed to establish that the jurisdictional facts required under s12 of the Act existed for the establishment of the Ministerial investigation committee, the report by the committee leaves a lot of questions unanswered. It does not reveal who the 100 persons who were consulted by the committee are, it does not reveal the qualifications of those 100 persons in terms of the knowledge of the Ombuku traditional customary law. The report furthermore does not clarify the customary law as to how a Chief is designated. I am thus of the view that the reliance by the Minster on the Ministerial investigation committee could still not satisfy her that the designation of the fourth respondent is in accordance with Ombuku traditional customary laws. community’s [47] The third difficulty that I have is that the Minister received two separate applications, one in April/May 2014 and one May 2015 for the designation of two different persons as traditional Chiefs for the same Ombuku traditional community and without her having heard the applicant decided to recognise one of the applicants (in this case the fourth respondent) as the designated Chief.
3.6 Customary Law applicable in the in the designation of a Chief The investigation committee was informed in terms of their customary law applicable in designating a chief, leadership in the Himba line is Oruzu (paternal) Muniomuhoro Kapika was the father of Hikumuine Kapika so the successions is inherited paternally from the father side. Ombara Mukupatjirongo Tjiiuiju (Omukuendata –maternal line) was not having a son that is why his sister’s son Kahengombe Kapika (Omukuendata) succeeded him as Chief. No matter where succession derives from, the maternal line of Ovakuendata is the appointing authority of the succeeding chief.’ [46] Apart from the fact that the Minister has failed to establish that the jurisdictional facts required under s12 of the Act existed for the establishment of the Ministerial investigation committee, the report by the committee leaves a lot of questions unanswered. It does not reveal who the 100 persons who were consulted by the committee are, it does not reveal the qualifications of those 100 persons in terms of the knowledge of the Ombuku traditional customary law. The report furthermore does not clarify the customary law as to how a Chief is designated. I am thus of the view that the reliance by the Minster on the Ministerial investigation committee could still not satisfy her that the designation of the fourth respondent is in accordance with Ombuku traditional community’s customary laws. [47] The third difficulty that I have is that the Minister received two separate applications, one in April/May 2014 and one May 2015 for the designation of two different persons as traditional Chiefs for the same Ombuku traditional community and without her having heard the applicant decided to recognise one of the applicants (in this case the fourth respondent) as the designated Chief.