Rule 65(4)

APPLICATION: NOTICE OF MOTION

(To Registrar and Respondent)
IN THE HIGH COURT OF NAMIBIA
( Main Division )

Case Number : HC-MD-CIV-MOT-REV-2016/00331

In the matter between:

MUTAAMBANDA KAPIKA APPLICANT

and

MINISTER OF URBAN AND RURAL

1st RESPONDENT
DEVELOPMENT

CHAIRPERSON OF THE COUNCIL OF

2nd RESPONDENT
TRADITIONAL LEADERS

KAPIKA TRADITIONAL AUTHORITY 3rd RESPONDENT

HIKUMINUE KAPIKA 4th RESPONDENT

TAKE NOTICE that MUTAAMBANDA KAPIKA (hereinafter called the applicant) intends to
make application to this court for an order

1. Reviewing and/or correcting and/or setting aside the decision taken by the 1st Respondent
on or about the 15th of July 2016 to recognize the designation of the 4th Respondent as acting
Chief of the Ombuku traditional community;
2. Alternatively, declaring the decision taken by the 1st Respondent to recognize the
designation of the 4th Respondent as acting Chief of the Ombuku traditional community to be
null and void;
3. Granting such further and/or alternative relief which the Honourable Court may deem meet.

and that the accompanying affidavit of Mutaambanda Kapika will be used in support thereof.

TAKE NOTICE FURTHER that the applicant has appointed Legal Assistance Centre of 4
Marien Ngouabi Street (former Korner Street) , Windhoek , Namibia, Namibia. at which he or
she will accept notice and service of all process in these proceedings.
TAKE NOTICE FURTHER that if you intend to oppose this application you are required to-
(a) notify applicants legal practitioner in writing within 15 days from date of service of this
application, of your intention to oppose this application, by service a copy of your intention to
oppose on applicant at the address stated herein and filing the original at the registrar
(b) and within 14 days of the service of notice of your intention to oppose, to file your answering
affidavits, if any
and further that you are required to appoint in such notification an address within a flexible
radius from the court, referred to in rule 65(5) at which you will accept notice and service of all
documents in these proceedings.

If no notice of intention to oppose is given, the application will be moved on the 03rd day of
February 2017 at 09:00 AM.

DATED at Windhoek on this 26th day of October 2016.

Bernadine Mynhardt
Legal practitioner for the applicant
Legal Assistance Centre
4 Marien Ngouabi Street (former Korner Street)
Windhoek
Namibia
Namibia
Office Reference Number: BM/pw/LEAD/4062
Tel: 061-223 356
Fax: 061-234 953
 TO:
Minister of Urban and Rural Development
Office of the Government Attorney 2nd Floor Sanlam Building Independence Avenue,
Windhoek, Namibia
Authorize Code: sR6ojY

Chairperson of the Council of Traditional Leaders

Office of the Government Attorney 2nd Floor Sanlam Building Independence Avenue,
Windhoek, Namibia
Authorize Code: gc8CEw

Kapika Traditional Authority

Omuramba Village Ombuku Area Epupa Constituency, Kunene Region, Namibia
Authorize Code: joRbbq

Hikuminue Kapika
Omuramba Village Ombuku Area Epupa Constituency, Kunene, Namibia
Authorize Code: WZhppx

AND TO:
Registrar of the High Court
Main Division
Windhoek

Registrar