LPM threatens lawsuit over ‘malicious’ prosecution

The Landless Peoples’ Movement (LPM) is threatening to sue the minister of urban and rural development, Erastus Uutoni, and the Anti-Corruption Commission (ACC) over the “malicious prosecution” of two councillors and an official of the Karasburg Town Council.

LPM leader Bernadus Swartbooi says council employees cannot be arrested and taken to court for executing their mandates as councillors who are determined to root out corruption and bring about social progress.

Karasburg mayor Maria Veldskoen, the chairperson of the management council, Franciskus Skeyer and acting chief executive Hanzina Isaak were arrested last week by the ACC over the alleged abuse of office for personal gratification and conspiring to commit crimes.

They have appeared in the Karasburg Magistrate’s Court and have, after some delay, been granted bail in an amount of N$1 000 each.

The case has been postponed to 31 October.

Swartbooi, during a community meeting following the court appearance said the aim of these arrests was to disband the council.

“They wanted to keep these people in prison for as long as possible to cripple administration and decision-making at the council so the minister would eventually say this council is not functioning and bring in an administrator from Windhoek that would do all the work of the council just as the minister wants it done,” he said.

“Because at Karasburg you have councillors and administrators who differ from the minister by saying, no we are elected by the people, and the people do not want us to take back the suspended CEO, and we’re also not firing the PA and acting CEO, because there are reasons why we brought an acting CEO and there are reasons for the appointment of the PA,” he said.

“Civil cases need to be lodged for the people who were arrested, and malicious prosecution could come to court so that millions could be paid out to these people.

“You cannot be arrested just because you are appointed. And where you have been given authority to appoint and you use it, you are corrupt and must be arrested,” Swartbooi said.

The graft charges against the three arise from the alleged illegal appointment of Isaak from Keetmanshoop municipality, as well as the appointment of Kallie Goliath as personal assistant to Veldskoen, which is reportedly not provided for in council structures.

The councillors are also accused of changing signatories to the council’s bank accounts.

During the bail hearing the state, represented by Ester Jafet, strongly opposed bail, but could not provide sufficient grounds for this.

Thereafter defence lawyer Hassan Engelbrecht applied to the court for the case to be struck from the court roll and for all charges to be dismissed.

However, magistrate Samingo Kasaone eventually granted them bail of N$1 000 each.

“The councillors have proven on every charge that they have documentation, supporting the decisions they have made and executing the council resolutions they have taken,” Swartbooi said.

ACC director general Paulus Noa says it is the LPM’s constitutional right to approach the court if the party is aggrieved by the actions of the commission.

The ACC remains resolute in taking action against councillors and officials abusing public office for gratification, he says.

“If the councillors persist with their unlawful conduct, we shall again take action against them and bring them before court.

“It will be up to the court to deal with them . . . For the ACC, there is no tolerance of misuse of public office.

“Let them try again while on bail and we shall demonstrate to them that we do not condone unlawful conduct,” he says.

Uutoni says once the ministry receives notification it will be able to decide on the way forward regarding the court case.

“Many of the things that are being said are speculation and allegations.

“Once we have documentation, we can choose a course of action,” he says.