The fight by the Namibia Bus and Taxi Association (Nabta) to have its former president Vespa Muunda interdicted from representing the association in any capacity, will only be heard next year.
The transportation association is seeking an order that will restrain Muunda, Lazarus Mhata and Martin Kennedy from acting in any manner that shows that they are members of Nabta either by organising meetings, gatherings or attending them.
Nabta also wants the group restrained from using its letterhead, electronic devices and entering its offices along Rhino Street. The association furthermore wants the group to be interdicted from interfering with the association’s activities and its employees.
In court documents, Nabta’s secretary general Pendapala Nakathingo said Muunda was suspended in November 2016 to make way for an investigation into his alleged misconduct. However, he failed to show up for the disciplinary hearing, and also did not return Nabta’s stamps and letterhead.
Nakathingo claims that Muunda has used the letterhead and stamp to draft papers on behalf of the association – which he is no longer a part of.
“Despite my numerous warnings, the respondents have continued with their unlawful spreading of misinformation and use of the applicant’s (Nabta) letterhead,” he stated.
Muunda allegedly went as far as writing a letter to the Prime Minister, indicating amongst many things that he was still the president of Nabta.
In February, Nakathingo claims the group went to media outlets, tainting Nabta’s name and stating the association only has N$20 left in its bank account.
“The respondent’s public statements and access to the association’s resources encourages lawlessness… and causes irreparable reputational damage to the good name of the association which they profess to represent,” submitted Nakathingo.
He further said the group is not a member of Nabta, and they have no right to interfere in its affairs.
The group has indicated its intent to oppose the application, and have questioned the legal standing of Nakathingo to represent the association.
According to Kennedy, a dispute does exist as the legality of the nomination, election and appointment of the executive committee is being questioned.
He claims that they were elected as members of the executive committee in February during Nabta’s electoral congress. It is at this congress where he was elected as chairman of the executive committee, he retorted.
Nakathingo and Jeffrey Platt were invited, but opted not to attend, and were thus not elected.
They have asked the court to dismiss the application.
On Wednesday, Windhoek High Court judge Marlene Tommasi postponed the matter to 18 January 2023.
-mamakali@nepc.com