LAWYERS for suspended National Union of Namibian Workers’ (NUNW) Acting Secretary General Peter Naholo are contemplating laying a charge of contempt of court against the umbrella union body.
The High Court ordered Naholo’s reinstatement close to two weeks ago and instructed the union to make payments due to him since December 14 last year, when he was first suspended. Naholo’s lawyer, Unanisa Hengari, said this week that his client had not been paid as the court had ordered and that they were “exploring going back to court” to lay a charge of contempt.Hengari charged that the NUNW had also delayed Naholo’s disciplinary hearing deliberately because it would rule him out of standing at next week’s congress.”If going back (to court) is our only option, we will have to explore it.This thing is frustrating our client,” he said.The NUNW leadership spent most of Wednesday afternoon drawing up and finalising charges against Naholo.Sources said the charges would be presented to him today and that the hearing would be finished by next week.Among these will be alleged insubordination in that he is said to have moved the 2004 May Day rally to the North instead of Omitara as decided by the executive, alleged theft of union property, and alleged failure to report an accident he had in a union vehicle.The NUNW argues that the court did not give any deadline by which they should pay Naholo’s outstanding salary.The union employees receive their salaries on the 28th day of every month but the finance department had already been instructed to process Naholo’s payment, according to one source.Another source claimed that Naholo still had a chance at the congress, as he could be nominated from the floor – provided that delegates accept the nomination.Naholo was suspended with full pay three days after the High Court ordered his reinstatement.He was served his reinstatement and suspension letters simultaneously as the power struggle in the NUNW hit the final stretch ahead of the congress.Naholo refused to sign his suspension letter.”I defy it strongly,” Naholo said.”It’s pure intimidation.They are trying to buy time and limit my chances of being elected at Congress.”The bitter row between the factions was sparked last year over the way in which some of the union leadership handled Swapo’s official version of April 1 1989, when hundreds of People’s Liberation Army of Namibia (Plan) fighters were killed.Naholo said at the time that NUNW affiliates had acted without consultation with the umbrella body when it issued a statement publicly supporting Swapo President Sam Nujoma’s denials that he was to blame for the deaths of the soldiers.Muheua and others then moved to oust Naholo.Naholo took the NUNW to court to question the legitimacy and authority of those who decided to suspend him.Evilastus Kaaronda acts in Naholo’s position.The NUNW congress is scheduled to start on April 28.It will be opened by President Hifikepunye Pohamba.Naholo’s lawyer, Unanisa Hengari, said this week that his client had not been paid as the court had ordered and that they were “exploring going back to court” to lay a charge of contempt.Hengari charged that the NUNW had also delayed Naholo’s disciplinary hearing deliberately because it would rule him out of standing at next week’s congress.”If going back (to court) is our only option, we will have to explore it.This thing is frustrating our client,” he said.The NUNW leadership spent most of Wednesday afternoon drawing up and finalising charges against Naholo.Sources said the charges would be presented to him today and that the hearing would be finished by next week.Among these will be alleged insubordination in that he is said to have moved the 2004 May Day rally to the North instead of Omitara as decided by the executive, alleged theft of union property, and alleged failure to report an accident he had in a union vehicle.The NUNW argues that the court did not give any deadline by which they should pay Naholo’s outstanding salary.The union employees receive their salaries on the 28th day of every month but the finance department had already been instructed to process Naholo’s payment, according to one source. Another source claimed that Naholo still had a chance at the congress, as he could be nominated from the floor – provided that delegates accept the nomination.Naholo was suspended with full pay three days after the High Court ordered his reinstatement.He was served his reinstatement and suspension letters simultaneously as the power struggle in the NUNW hit the final stretch ahead of the congress.Naholo refused to sign his suspension letter.”I defy it strongly,” Naholo said.”It’s pure intimidation.They are trying to buy time and limit my chances of being elected at Congress.”The bitter row between the factions was sparked last year over the way in which some of the union leadership handled Swapo’s official version of April 1 1989, when hundreds of People’s Liberation Army of Namibia (Plan) fighters were killed.Naholo said at the time that NUNW affiliates had acted without consultation with the umbrella body when it issued a statement publicly supporting Swapo President Sam Nujoma’s denials that he was to blame for the deaths of the soldiers.Muheua and others then moved to oust Naholo.Naholo took the NUNW to court to question the legitimacy and authority of those who decided to suspend him.Evilastus Kaaronda acts in Naholo’s position.The NUNW congress is scheduled to start on April 28.It will be opened by President Hifikepunye Pohamba.
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