SWAKOPMUND – Arandis constituency councillor Benitha Imbamba has scored a legal victory after the High Court ruled in her favour.

The court ordered that she be reinstated as chairperson of the Erongo Regional Council.

She was removed in April this year after a vote of no confidence was tabled against her by Walvis Bay Urban constituency councillor Deriou Benson. 

The vote resulted in Independent Patriots for Change (IPC) councillor Florian Donatus being sworn in as chairperson.

Benson, in his motion presented during the debate, stated that poor leadership, division among councillors and a failure to consult council members were the reasons he submitted the motion against Imbamba. 

Benson also accused Imbamba of governing the council with “divide-and-rule tactics” and sidelining fellow councillors.

“The chairperson makes decisions that hinder the effective functioning of the council. The integrity and decorum of the council have deteriorated under her leadership,” he argued. 

He claimed that Imbamba operates in isolation, does not provide feedback and lacks proper judgment in handling council affairs.

Following her removal as chairperson, Imbamba took the Erongo Regional Council, its chairperson Donatus, the minister of Urban and Rural Development, Chief Regional Officer Sam Ntelamo and Benson to court. 

None of them filed opposing papers during the court battle.

Based on this, as well as the violation of procedures, her lack of authority to bring the motion, and her removal not complying with the Regional Councils Act, a high court judge declared the vote of no confidence unlawful, unfair and invalid. 

“The subsequent appointment of Donatus as chairperson, as a result of the impugned vote, is reviewed and set aside,” Sibeya said in his ruling.

He ordered that Imbamba be reinstated immediately and that all her employment benefits be restored.

This includes back pay from the date of her removal until the judgment is fully executed.

In her founding affidavit, Imbamba stated that she was lawfully elected as chairperson in June 2022 after the IPC removed the previous chairperson from the position. 

She described repeated attempts by Benson to unseat her through three motions of no confidence within a year.

She said the March vote lacked merit and was politically motivated. 

In a letter, Benson accused Imbamba of lacking leadership, dividing councillors and not consulting others. 

However, she noted that no facts or evidence were presented to support these claims.

Imbamba said such motions cannot be brought against a chairperson who is not a member of the management committee. 

She also pointed out that the meeting to appoint Donatus was held in her absence, with the notice sent less than 72 hours in advance, which is against the law.

-edeklerk@nepc.com.na