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Opinion – Are regional governments autonomous?

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Opinion – Are regional governments autonomous?

Lucas Tshuuya

It would be very much interesting to know how autonomous regional councils are in Namibia, and the difference between political appointees versus professional officers.

In terms of Article 108 read with Article 110 of the Namibian Constitution established the power of regional councils, administration and functioning of regional councils by regional councillors drawn from regional Constituencies. To give effect to provisions of Article 103 of the Namibian Constitution parliament enacted legislation called the Regional Council Act 22 of 1992.

Such an Act empowers regional councillors under sections 21, 22 and 23 to make rules, elect a chairperson of the management committee and appoint a chief regional officer (CRO) of the region. The Act further mandated the regional council management committee to appoint a CRO in consultation with the minister responsible for regional and local governments.   

Now, let’s accept that by implication, regional councils are autonomous bodies that can regulate, make rules and manage their affairs and processes as a regional government without influence or coerced to do any act not sanctioned by them. According to an English Oxford dictionary, the literal meaning of the word “Autonomous” is defined as; having self-government, acting or being free to act independently.

This is so because as earlier stated there are three tiers of government, national, regional and local government. It is sad to note that politics played by a few elites who are hell-bent to wield power over others for who they do not have any regard can ruin the lives of many innocent citizens and deprive them of much-needed social advancement, just because of the power they have to suppress others.

This is about the long-run battle concerning the Kunene Regional Council CRO who was mistreated, humiliated, and psychologically tortured by those who are entrusted to ameliorate regional development one can say for their selfish gain.

The Kunene Regional Council CRO was appointed in 2013 on a five-year contract until 2018. In 2016, the Kunene Regional Council Management Committee resolved to suspend him from duty for alleged misconduct and remain so suspended until 2018 when his contract was supposed to be terminated by effluxion of time.

Towards the expiry of the CRO contract, the Kunene Regional Council wrote a letter to him informing him that his contract won’t be renewed when it expires while well knowing that the CRO only served 3 years of his contract before they suspended him.

Meanwhile, the CRO lodged a labour dispute with the Labour Commissioner via the Opuwo labour office, his case was dismissed on technicalities by the Arbitrator there based on flimsy reasons.

When the new regional councillors took office in 2020, they resolved to reinstate the CRO into his former position and reached a compromise, whereby they asked him to drop claims against the Kunene Regional Council in exchange for giving him a new contract valid for two years to complete his term which was interposed by illegal suspension by the previous councillors, because no charges neither disciplinary hearing instituted against him to inquire into his alleged misconduct.

Such a decision was done with a view to moving forward, and ensuring development is taking place in the region in the best interest of the citizens knowing that the region lagged because of petty politics played by politicians.

Such a decision did not sit well with the current Minster of Urban and Rural Development who instructed an autonomous body like the Kunene Regional Council to rescind its decision of reappointing the CRO.

The Minister then instituted litigation in the High Court against the Kunene Regional Council and its CRO for defying his order.

Now, listen to this lunatic.

The minister is suing the Kunene Regional Council and its CRO through the government attorneys using taxpayers’ money and at the same time, the Kunene Regional Council wrote a letter to the same minister requesting him to authorize expenditures for them to defend the matter instituted by the minister in the which permission was granted by the minister and the CRO using his funds to defend the matter.

Now, if as Namibians we know what separation of power is autonomous why waste state resources for Mickey Mouse? How do we explain this conundrum to the future generation?

How do we explain dilatory development in the Kunene region because of cats fought by politicians?

Are we serious about service delivery or we are just interested to satisfy political egos?

In a dramatic turn of events on 2 November 2022, the prime minister while in the Kunene region happened to address the Kunene Regional Council in Opuwo and admitted and condemn the unnecessary fight waged by the regional council and the line minister against the CRO.

She told the council that it was not necessary to do that. One wonders if the Prime Minster meant it or if she was playing politics off the belly and mind you we are talking about an impasse that lasted for seven years and I am sure the prime minister knew about this fiasco. The question is are we serious about democracy, the rule of law, and justice for all as corner principles of our country?

Until when are we going to conduct, and behave ourselves in such a manner as if we are in the juggles?

The mantra of ‘One Namibia, one nation’ is it real or just lip service?

*Lucas Tshuuya is a social justice advocator from Onaanda heengulu in the Uukwambi district.