Africa-Press – Namibia. ELIZABETH MWENGO Justice minister Vyonne Dausab on Thursday apologised to the Hambukushu Traditional Authority after comments she made that community courts cannot adjudicate over murder and rape cases.
Dausab delivered her apology during her visit to Kavango East, after the Hambukushu Traditional Authority recently adjudicated over an alleged murder case of the late Ryan Frederick Kanyanga, a Unam student, whose lifeless body was found floating in the Kavango River in June this year.
Eight people were fined N$22 000 each by the transitional court for allegedly taking part in the disappearance and murder of Kanyanga. The family had demanded justice.
In her comments, Dausab had said community courts have no jurisdiction to adjudicate over murder and rape cases, a statement that did not sit well with the Hambukushu community.
The Hambukushu community believes the minister’s statement was a disgrace to the Hambukushu community and it had put their chief, Fumu Erwin Munika Mboma,
to shame. However, during her visit, she said traditional courts have the right to fine suspects on behalf of bereaved families, known as “wiping of tears”.
“I have travelled this far because I respect the Fumu and other traditional leaders. I have come to say sorry for the misunderstanding caused. As minister of justice, I Yvonne, have no right to take away or give to someone. I work with the Constitution. When I was responding to the media, I was not fighting the Hambukushu tradition, but because I deal with community courts that’s why I responded to the question asked and I responded based on the Namibian constitution,” said Dausab
She added that traditional leaders are meant to keep peace in the community and take care of the welfare of the people and have the power and function to assist the police. “Wiping of tears is something that is within the customary law of any tradition and we can’t remove it,” she said.
The community members believe that the power invested in the Fumu was broken when the minister made such a statement. “When you got the information from the media you were suppose to contact our traditional authority to find out what really happened before taking any action,” said Mukerenge Alfeus, one of the community members.
Aron Mundanya thanked the minister on behalf of the Hambukushu community for making an effort to come and apologise in person to their chief and to the Hambukushu community as requested.
The community appreciated the minister’s visit in which she also listened to their concerns. The community made a request to the Kavango East governor, Bonifasius Wakudumo, to inform others on what they need to do when they pay a courtesy visit to fumu. The community further requested Dausab to inform the eight suspects to adhere to the judgment and pay the bereaved family.
The Fumu was pleased with the positive response from the minister and advised her to pass on to other ministers what she witnessed in the meeting. Investigations into Kanyanga’s death are still ongoing and no one has been arrested yet, according to the police in the region.
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