Maria Amakali
An attempt by the National Training Authority’s board to get the High Court to decide on their behalf if they can make use of the Vocational Education and Training Levy to construct new and expand existing vocational training centres, was dismissed.
Judge Orben Sibeya said it is not the function of the court to dish out legal opinions left, right, and centre. He said the board is crying foul over the existing impasse, which can be resolved by them during a duly constituted meeting.
“It, therefore, follows that if this matter can be resolved among the members of the applicant without the aid of the declarator sought, then this application is strictly speaking abstract and academic. No duty rests on this court nor does it have the energy to adjudicate abstract and academic matters,” said Sibeya before dismissing the application.
In August 2022, the NTA board approached the High Court seeking an order stating that it is empowered to utilise VET levy funds for, among others, fund and construct new VTCs. They also want to use the funds for the expansions of existing VTCs.
This follows after the board could not reach a consensus on the matter when two of 11 board members were of the view that the law does not empower NTA to utilise VET levy funds for new constructions and expansions of VTCs.
In court documents, NTA’s company secretary, Tomas Nekongo said the board had a special meeting on 17 August 2017 to discuss the legal authority of NTA to construct and manage new VTCs as part of the VET expansion plan as the construction of the new centres will be funded partly through 35% allocation from the levies received.
But the board members could not reach an agreement as the law does not necessarily prevent them from making use of the funds for the construction and expansion of VTCs.
Thus, it was decided to seek the court for direction.
NTA is currently operating seven VTCs countrywide and is in the process of constructing three new ones in Khorixas, Nkurenkuru, and Keetmanshoop.
– mamakali@nepc.com.na