A lawyer in the service of the Directorate of Legal Aid has taken her fight to retain her job to the Windhoek High Court.
Justice minister Yvonne Dausab unceremoniously dumped Eva-Marie Nangolo Phillemon after alleged tribal remarks about
the Damara people.
Phillemon tweeted: “The Damara people are doing something beautiful, a cultural identity. I love this. This overshadows that violence image of breaking bottles, knife stabbing, insults, no culture identity that I only know of them”.
Dausab did not take it lightly and revoked the appointment of Phillemon as Legal Aid counsel. Phillemon then instituted proceedings in the High Court to set aside the decision of Dausab with immediate effect.
Dausab and Patience Daringo, the Director of Legal Aid, opposed the motion. Patrick Kauta who acts on behalf of Dausab and Daringo, assisted by Esther Shigwedha instructed by the government attorney, argued that Phillemon does not have a foot to stand on.
According to him, Phillemon has been absent from work for over 30 days without permission and was automatically dismissed from her employment in terms of the rules of the Public Service Act. Further, he said, her appointment as a Legal Aid Counsel expired on 2 September 2021 and she was operating with an expired certificate. According to him, the minister only appointed Phillemon for 12 months in August 2020 and her appointment was never extended or renewed.
Kauta further argued that the relief sought by Phillemon is inappropriate because it amounts to the court usurping powers and functions given to the Public Service Commission and the minister. As such, he said, the prayers sought by Phillemon would “take us to an unlawful state of affairs to the detriment of accused persons and should be refused with costs on the scale of one instructing and two instructed counsel”.
On behalf of Phillemon, Sisa Namandje assisted by Nelao
Alexander, however, had a different argument. According to him, Phillemon remained in the employment of Legal Aid throughout her ordeal. He said she was booked off by a medical doctor for the days she was absent from work.
Further, he said, she communicated her sick leave to her immediate supervisor at Legal Aid which makes her absence from work known and authorised. He further said Phillemon remained in the employment of the Public Service and continues to execute her functions as no alleged discharge was ever communicated to her.
To this day, she continues to be renumerated for her services, he stated. With regards to the minister’s contention that she operated with an expired licence, Namandje countered that since her transfer to Legal Aid, Phillemon was suitably accommodated and as such legally part of the directorate.
He asked the court for an order reviewing, correcting and setting aside the decision of the minister to revoke the certificate of Phillemon and declare her decision as unlawful
and in contradiction with the Legal Aid Act. Windhoek High Court Judge Orben Sibeya reserved his judgement until 14 December.