High Court to rule on regional CEO freeze

THE Office of the Attorney General will challenge a court order that halted a plan to appoint new chief executives for Namibia’s 13 regional councils.

Gerson /Narib, a lawyer in the Office of the Attorney General, said some of the regional councils had instructed the Office to proceed with the case. The answering affidavits to the court order have been filed and Government was ready to defend its case on February 16, he told The Namibian.In November, Acting Judge Anna-Marie Engelbrecht granted an interim court order at the request of seven regional officers who face the loss of their jobs because of the prospective appointment of the chief regional officers.The interim court order was to become final if Government failed to respond but /Narib said the High Court allowed the intervention of the Minister of Regional and Local Government and Housing Joel Kaapanda on Monday.The “intervention” meant that Kaapanda’s name was added to the list of respondents to the case.After November’s court order, Government lawyers, through the Ministry of Regional and Local Government and Housing, sent letters to Regional Governors asking them not to make any new appointments since the [Regional] Council could be held liable for contempt of court.The letters, dated December 11, were accompanied by a request that the lawyers be ordered “to oppose and handle the case on behalf of the regional council(s)”.But, some of the regional councils, such as Oshana, have already appointed new regional officers.Others, such as Erongo, have offered new positions to the current regional officers.At the last Erongo Regional Council meeting, Governor Samuel Nuuyoma proposed that Tsudisa Dietrich !Gonteb be promoted to the post of director.He is currently a deputy director.Sources said fellow regional councillors had asked Nuuyoma to discuss the matter first with !Gonteb before re-tabling the proposal.!Gonteb was outside Namibia when the motion on his appointment was tabled.The Namibian has established that !Gonteb later rejected the job offer.The court stopped the Ministry of Regional and Local Government and Housing from appointing new chief regional officers for Oshana, Oshikoto, Otjozondjupa, Kunene, Omaheke, Erongo and Hardap councils until the seven serving regional officers either complete their current terms or until the constitutionality of the Regional Councils Amendment Act of 2002 has been determined.The chief regional officers – whose post pays a N$213 000-a-year salary – have challenged the Act’s constitutionality.The regional officers whose urgent application led to the November order are: !Gonteb (Erongo); Pederius Uaetotjari Tjihoreko (Omaheke); Theresia Basson (Hardap); Boas Shimwe Munalye (Oshana); Sophia Sointu Angula-Mupopiwa (Oshikoto); Erasmus Nganyone (Kunene); and Otniel Kazombiaze (Otjozondjupa).Ohangwena Regional Officer Daniel Kashikola was set to join the seven in their application – but his colleagues’ day in court came too late for him: he had already been replaced.In an affidavit that formed part of the application, Tjihoreko claimed that the Ministry of Regional and Local Government and Housing had pressured regional councils to appoint chief regional officers even though the law underpinning such appointments was subject to a constitutional challenge.Senior Counsel Louis Muller, instructed by Petrus Damaseb, appeared for the regional officers.The regional councils were not represented.The answering affidavits to the court order have been filed and Government was ready to defend its case on February 16, he told The Namibian. In November, Acting Judge Anna-Marie Engelbrecht granted an interim court order at the request of seven regional officers who face the loss of their jobs because of the prospective appointment of the chief regional officers. The interim court order was to become final if Government failed to respond but /Narib said the High Court allowed the intervention of the Minister of Regional and Local Government and Housing Joel Kaapanda on Monday. The “intervention” meant that Kaapanda’s name was added to the list of respondents to the case. After November’s court order, Government lawyers, through the Ministry of Regional and Local Government and Housing, sent letters to Regional Governors asking them not to make any new appointments since the [Regional] Council could be held liable for contempt of court. The letters, dated December 11, were accompanied by a request that the lawyers be ordered “to oppose and handle the case on behalf of the regional council(s)”. But, some of the regional councils, such as Oshana, have already appointed new regional officers. Others, such as Erongo, have offered new positions to the current regional officers. At the last Erongo Regional Council meeting, Governor Samuel Nuuyoma proposed that Tsudisa Dietrich !Gonteb be promoted to the post of director. He is currently a deputy director. Sources said fellow regional councillors had asked Nuuyoma to discuss the matter first with !Gonteb before re-tabling the proposal. !Gonteb was outside Namibia when the motion on his appointment was tabled. The Namibian has established that !Gonteb later rejected the job offer. The court stopped the Ministry of Regional and Local Government and Housing from appointing new chief regional officers for Oshana, Oshikoto, Otjozondjupa, Kunene, Omaheke, Erongo and Hardap councils until the seven serving regional officers either complete their current terms or until the constitutionality of the Regional Councils Amendment Act of 2002 has been determined. The chief regional officers – whose post pays a N$213 000-a-year salary – have challenged the Act’s constitutionality. The regional officers whose urgent application led to the November order are: !Gonteb (Erongo); Pederius Uaetotjari Tjihoreko (Omaheke); Theresia Basson (Hardap); Boas Shimwe Munalye (Oshana); Sophia Sointu Angula-Mupopiwa (Oshikoto); Erasmus Nganyone (Kunene); and Otniel Kazombiaze (Otjozondjupa). Ohangwena Regional Officer Daniel Kashikola was set to join the seven in their application – but his colleagues’ day in court came too late for him: he had already been replaced. In an affidavit that formed part of the application, Tjihoreko claimed that the Ministry of Regional and Local Government and Housing had pressured regional councils to appoint chief regional officers even though the law underpinning such appointments was subject to a constitutional challenge. Senior Counsel Louis Muller, instructed by Petrus Damaseb, appeared for the regional officers. The regional councils were not represented.