WINDHOEK – The Namibia Public Passenger Transport Association (NPPTA) is taking the Minister of Works and Transport, Erkki Nghimtina, to court over the ministry’s decision to recognise its rival Namibia Bus and Taxi Association (Nabta) as the only association to operate in the public transport sector.
The NPPTA filed an application with the High Court of Namibia for a hearing on January 31 to challenge the ministry’s decision recognising Nabta as the only legally mandated association in the public transport sector.
Nghimtina made the announcement in a statement on October 15 last year. In the statement Nghimtina informed village councils, town councils, city councils, municipalities and all relevant authorities to make available land for Nabta’s use as loading terminals. The ministry said it had perused the report of the Nabta congress, its constitution and its certificate of registration from the Office of the Labour Commissioner and was therefore convinced that the association had fulfilled its obligations as required by law.
But the NPPTA maintains that the decision to only recognise Nabta was “wrongful and unlawful as it not only violates the right to freedom of association of NPPTA members as stipulated in Article 21 (e) of the Constitution of Namibia, but also denies our members the opportunity to be heard and to be treated fairly and reasonably.” The association said there were numerous procedural omissions in the press statement that violated the constitution. NPPTA secretary general, Nathan Africa, said he was shocked by the ministry’s decision since it is in conflict with a letter they received in April 2013, in which the ministry indicated that it was willing to work with the association provided that their aims, objectives and operations were not in conflict with the provisions of the Road Traffic and Transport Act of 1999.
Last year, the Legal Assistance Centre (LAC), acting on the instructions of NPPTA, requested the minister of works and transport to retract the press release, but the ministry stood by its decision it would appear hence the latest legal challenge.
The LAC said in a ‘notice’ issued to the transport ministry that if the minister failed to reverse the press release, an application would be launched to “review and set aside the press release with costs.”
The letter to the minister maintained that the said press release violated the right of the members of their client (NPPTA) on the basis of Article 21 (e) of the Namibian Constitution.
“All persons shall have the right to freedom of association, which shall include freedom to form and join any association or union including trade unions and political parties,” according to Article 21 (e) of the Namibian Constitution. The LAC further stressed that the NPPTA has hundreds of members operating public transport businesses and that coercing those members to join Nabta or not to operate their taxis and buses would be in violation of Article 21 (j), which article reads, “All persons shall have the right to practice any profession, or carry out any occupation, trade or business.”
“We are further instructed that the said press release of the aforesaid Minister violates the members of our client’s right to administrative justice in that the conduct of the aforesaid Minister is unfair and unreasonable and does not comply with common law and the principles of natural justice in the recognition of Nabta to the exclusion of NPPTA, more particularly that of audit alteram partem (hear the other side too).”
The LAC says its client is a duly registered association and in law, a recognized juristic person.
“This implied allegation by the aforesaid Minister that our client is not recognized and/or that Nabta is the only recognized association in the public transport sector is unlawful and wrongful for the aforesaid reasons,” the letter further states.
The LAC said it accorded the minister an opportunity to correct the aforesaid unconstitutional conduct within three days after receipt of its notice.
By Magreth Nunuhe