Prime Minister Saara Kugongelwa-Amadhila is demanding payment for wasted legal fees from 47 education inspectors, who were suing the government over transport and housing allowances.
This is after the group decided to withdraw the lawsuit it had filed against the education minister, Prime Minister, Public Service Commission and Namibia National Teachers’ Union (Nantu) without following proper court proceedings.
According to court documents, Kuugongelwa-Amadhila is claiming that government respondents incurred costs from the matter and the group must be ordered by the court to pay jointly.
“These costs include: the preparation of the answering papers opposing the application, attending to status reports and preparation of the heads of arguments,” said Kuugongelwa-Amadhila.
She said the cost also includes the cost of appearing in court for a hearing on 16 May, which never took place, as the group decided to withdraw the application and not appear in court.
The government claims it tried to resolve the matter of cost amicably in May but the group did not respond to their letter of engagement. Thus, they opted to involve the court.
In their suit, the group is claiming the decision of the Prime Minister and/or the Public Service Commission to abolish housing allowance and transport allowance for inspectors of education (grade five) is unlawful. They wanted the court to set aside that decision.
They claim that since 2015, after extensive salary negotiations with the government, housing and transport allowances have been part of the remuneration package of inspectors within the education ministry.
However, to their surprise, some inspectors were informed in 2018 that the housing and transport allowances have been abolished.
According to the letter dated 26 July 2018, the amendments to their salary package would take effect from 1 August 2018.
“The decision to abolish the benefits was not done in consultation with the inspectors of education, neither were we informed prior to the termination of the benefits of that eventuality,” said Milton Ya Otto in his affidavit on behalf of the group.
They claim if Nantu and the government reached the said agreement, such an agreement is invalid because Nantu did not consult them prior to it being made.
Some of the inspectors who have since retired are also part of the group, and claim they were still employed at the time the benefits were stopped.
“The benefits are significant to each of the inspectors of education. With respect to the housing benefit, it amounts to N$63 137 per year, whilst the motor vehicle allowance is N$71 916 per year and running costs of N$25 751 per year for each inspector of education,” said Ya Otto.
He said the removal of the benefits has greatly affected them.
The group is made up of inspectors from Nkurenkuru, Oshikoto region, Eenhana, Katima Mulilo, Outapi, Oshakati, Omuthiya, Swakopmund, Gobabis, Keetmanshoop, Khorixas and Otjiwarongo. Of the 47, 12 inspectors have since gone on retirement.
In response to the suit, Kuugongelwa- Amadhila said the group lacks judicial standing to bring forth the application, since they are represented by Nantu, which is their exclusive bargaining union.
They also failed to exhaust internal processes before going to court.
“These allowances were meant for the management cadre and were unfortunately by mistake granted to the inspectors of education,” said Kuugongelwa-Amadhila.
She said they were alerted of the error by Nantu and took steps to rectify it.
According to the Prime Minister, the inspectors were informed of the changes.
The matter is before Windhoek High Court judge Boas Usiku.
– mamakali@nepc.com.na