Suspended president of the Mineworkers Union of Namibia Ismael Kasuto and his deputy Desley Somseb have furnished the High Court with a new urgent application, seeking an array of orders against the trade union and its officials.
The first application was struck from the court roll earlier this month for lack of urgency.
The pair, alongside northern regional secretary Jessica Haradoes, are fighting to retain their positions.
Kasuto and Somseb were suspended following a vote of no confidence passed at a meeting held on 28 April.
Amongst the orders sought, they want the court to nullify and declare that meeting at Tsumeb where the vote of no confidence was passed against Kasuto and Somseb, as unlawful.
The decision to appoint Mathew Poco-Key Mberiuana as acting president of the trade union must also be declared unlawful.Â
They thus want the court to declare that Kasuto and Somseb were duly elected leaders of MUN, and shall remain as office-bearers until new officials are elected lawfully by secret ballot.Â
The three want the decision of the National Executive Committee (NEC) of 11 May communicated to Haradoes and inviting her to make a presentation for her appeal, declared null and void and unlawful.
They furthermore sought that the court declares that the decision to suspend Kasuto and Somseb was unlawful, as it was done contrary to the union’s constitution.
Kasuto, in his affidavit, said they are being ousted from the trade union under the guise of suspension.
“It does not make sense that the deductions were stopped because on that version, we remain members of the union, even though suspended,” he said.
He added that they were never afforded an opportunity to be heard before the decision to suspend them was taken.Â
“This matter, like many others where persons unlawfully take the law into their own hands, is about the vindication of the rule of law so that those who perceive themselves strong do not unlawfully oppress those they perceive to be weak and
avoid retaliation, which may cause the matter to get out of control,” said Kasuto.
He added they had been unlawfully stripped of their duties and mandate, which included investigating the financial affairs of the trade union.
The group’s term, which commenced in May 2023, is expected to end on 5 May 2029.
Responding to the application, Mberiuana asked the court to dismiss it, stating that just as the previous application which was struck from the court’s roll on 10 May, it is not urgent.
He said the court cannot re-litigate a matter, and the orders that Kasuto and others are seeking have already been dealt with in the previous urgent application.
“The first and second respondents are in denial that they have been factually removed from their positions, and their membership has since been suspended. They cannot approach the court as if they have not vacated their positions,” he submitted.
 Mberiuana said the group will be afforded an opportunity to be heard in due course, as the suspension does not deprive them of that right. Thus, an urgent application is not the way to go.
Judge Collins Parker will give a ruling on 5 June.
MUN has been in a power struggle for a while. A local daily recently reported that Mberiuana issued a press statement, accusing Kasuto of illegally withdrawing N$250 000 from the union’s trust account.
However, the latter denied the accusations, and said the funds were meant to help the union.
The newspaper also reported that MUN was under scrutiny after an audit revealed how they spent N$18 million between 2015 and 2021.
It said audited financial reports spanning those years disclosed a series of challenges related to financial transactions, membership fees and expenses.
-mamakali@nepc.com.na