Rudolf Gaiseb

The High Court yesterday suspended youth minister Agnes Tjongarero’s decision to dismiss and remove the National Youth Council of Namibia (NYC) board. 

The court also put Tjongarero’s directive to halt the holding of the NYC’s general assembly (GA) on ice. 

In the matter heard on an urgent basis, High Court Judge Shafimana Ueitele suspended the decision, pending the outcome of a review. 

“A suspension is hereby issued, calling upon the minister responsible for Youth and National Services to show cause on or before 20 February 2025 why the decision, which they took on 13 December 2024 in terms whereof she removed the board of the NYC (the applicants) as board members of the National Youth Council, must not be reviewed and set aside”, the order stated. 

This includes the directive which the minister issued on 13 December 2024  to the effect that the board must halt the holding of the general assembly. The matter has been postponed to 20 February 2025 at 11h00 for the respondents to show cause, Judge Ueitele said. 

Tjongarero suspended the board on the basis that they disregarded ministerial directives, dragging the ministry’s name into disrepute, mismanaged funds, engaged in maladministration and failed to commemorate National Youth Week. Other reasons encompassed non-compliance with procurement procedures (bypassing established procurement protocols, resulting in recurring irregularities), dishonesty, and failure to disclose conflicts of interest. 

After suspending the board, the minister appointed a new interim board to ensure the effective execution of the Council’s functions. 

However, after a legal clash on 15 December 2024, the NYC delegates disregarded the interim board, and elected their own. 

Due to the court’s orders yesterday, the board elected by the delegates will remain in power. 

The suspended members, Simon Taapopi, Josef Petrus, Melinda Mogotsi, Rozaline Joseph and Viviane de Koe, are represented by Sisa Namandje & Co’s Jacky Hamunyela. 

“There is no contravention of any provisions of sec 17(2) of the National Youth Council Act of 2009. You have not acted in terms of section 4(1)(g) of the Public Enterprises Governance Act 1 of 2019. Your decision is partially based on unlawful directives,” the lawyer told the ministry in a letter dated 14 December. 

The ministry is represented by Immanuel Tomas. 

In her answering affidavit, Tjongarero said the NYC board was appointed for four years. 

In her view, it is common cause that absent an extension being granted, the period of their term lapsed, and the applicants are no longer members of the board of the third respondent. 

“All the applicants, except the third and fifth respondents, were appointed on 15 December 2024, while the third was appointed on 18 December 2020, and the fifth on 21 December 2020,” she said. 

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