The Ministry of Justice has brought back two senior government officials three months after they retired from their positions.
They are former government attorney Matti Asino and chief legal adviser Chris Nghaamwa.
Asino, who is founding president Sam Nujoma’s nephew, will now work as a debt collector, while Nghaamwa is serving in his previous role as chief legal adviser to the attorney general, Festus Mbandeka.
Ministry of Justice executive director Gladice Pickering defended Nghaamwa’s appointment, saying it is “administratively sound” and has been approved on good grounds.
RETIREMENT AGE
This comes five years after the secretary to the Cabinet, George Simataa, made a call in a circular issued on 15 March 2019 in which he reminded all government ministries and agencies to comply with the retirement age in the public service.
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The legal retirement age in Namibia is 60 years.
Early retirement on reaching the age of 55 is also possible with the prime minister’s approval.
“All staff members shall be retired on attaining such age [60], except if approval for the extension of service beyond such age is granted by the prime minister on recommendation of the Public Service Commission,” Simataa directed at the time.
Asino retired on 31 May, after he turned 60 on 12 May.
He was appointed in that position in 2009.
Nghaamwa retired in June after turning 60 on 21 June 2024.
Both returned to work on Tuesday.
Lawyer Frieda Matsi is the current acting government attorney.
YOUTH UNEMPLOYMENT
According to the United Nations, Namibia’s unemployment rate stands at 34% and youth unemployment at 48% as of August 2023.
In June, Landless People’s Movement (LPM) parliamentarian Utaara Mootu questioned minister of justice Yvonne Dausab on the reappointment of retirees to the public service.
“Honourable Dausab, a certain Mr Asino turned 60 years old and retired last month. However, as he left the office, we are told, he asked some junior staff to take care of the plants in his office as he would be returning soon,” Mootu said in the National Assembly.
“He was indeed reinstated as an additional to the establishment at the Office of the Government Attorney. We understand the public service permits the employment of persons beyond their prescribed retirement age due to their unique skills and abilities, which are indispensable in the administration of a public institution,” she said.
Mootu asked what unique skills and abilities retirees have.
“Is his reappointment a political favour and perhaps in furtherance of political interests at that office by various politicians of the ruling regime who need an insider to push certain matters of law and contract for them?” she asked.
About 2 000 unemployed young people applied for 16 positions at a restaurant in Windhoek last March.
Former president Hage Geingob brought up the issue of unemployment early last year, warning that jobless young people could turn to violence.
The University of Namibia has graduated an estimated 200 law students each year in the last five years.
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‘RECOVERING MILLIONS’
Responding to Mootu’s questions on 11 July, Dausab said Asino was brought back to help recover the millions owed to the government.
“Many files remain unclosed, hindering debt collection and posing the risk of prescription, which could result in the government losing substantial sums of money,” she said.
Dausab said Asino’s appointment will not affect the ministry’s capacity to recruit qualified lawyers.
“It is important to place it on record that the Public Service Act, the rules and norms provide for the extension of contracts for retired staff members on good cause shown by the executive director and upon approval by the Public Service Commission,” she said.
Asino yesterday said he is not authorised to comment on the matter.
Pickering on Monday said executive directors are empowered to approach the Public Service Commission to request the approval of an extension, on good grounds shown, for the appointment of a public servant beyond the age of retirement.
She said after a thorough consideration (of the nature and heavy workload of the attorney general’s office) and extensive internal consultation, she deemed it necessary to recommend the extension of Nghaamwa’s service.
“Nghaamwa has significant experience . . . that spans over a period of 30 years,” she said.
Pickering said the decision to extend Nghaamwa’s employment contract was primarily necessitated by the ongoing shortage of experienced and qualified lawyers with special expertise in critical areas in government.
“The extension for Nghaamwa was therefore necessary and justifiable to mitigate the situation and to ensure that the provision of efficient and prompt legal services to the government and the public is not compromised,” she said.
Pickering said Nghaamwa’s contract extension is also intended to cater to knowledge transfer and training of incoming chief legal advice.
“Nghaamwa will, among others, be responsible for managing and supervising, training the team in the directorate legal advice and will further carry out any other related functions as may be assigned to him in terms of the needs and demands of the office of the public service,” she said.
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