The unfolding leadership squabble at the Grootfontein municipality has been thrown into further turmoil, with opposition parties piling pressure on government leaders to help restore order, while an expert has revealed potential legal loopholes insofar as the line minister’s powers are concerned. 

Popular Democratic Movement (PDM) president McHenry Venaani yesterday wrote to President Hage Geingob to intervene in the standoff, while the Independent Patriots for Change (IPC) have called out urban and rural development minister Erastus Uutoni for allegedly interfering in council affairs after ordering warring councillors at the town to reinstate under-fire CEO Kisco Sinvula. 

In an open letter, Venaani asked Geingob to request Uutoni to step away from the debacle. According to Venaani, Uutoni has done little to quell the tension and conflict within the Grootfontein municipal council, despite being aware of the serious allegations levelled against Sinvula. 

“I impress upon you to request the minister, Honourable Uutoni, to recuse himself from the affairs of the Grootfontein municipal council, owing to the shocking and serious allegations of the minister’s shonky political goings-on and his lack of impartiality,” claimed Venaani. 

He added that as a result of Uutoni’s involvement and internal divisions at the town council, the local authority is on the verge of disintegration. In a recent interview with New Era, Uutoni claimed that the suspension of Sinvula, who is also serving on the Swapo think tank, was illegal and he should be reinstated with immediate effect. 

The allegations levelled against Sinvula include insubordination, abuse of power, violation of the Local Authorities Act of 1992, violations of the Procurement Act, forgery, misleading, misrepresentation, negligent trading, utterances, violations of the labour law, racketeering and misuse of public funds. 

“The issue of suspension has to be discussed before the council makes a recommendation and writes to the minister to inform him of their intention if there are irregularities or misconduct. These allegations have to be investigated. Those are the procedures, and they were not followed,” Uutoni was quoted as saying this week, while relying on the amended Local Authorities Act. 

Legal interpretation

However, Windhoek-based lawyer and local governance expert Silas Kishi Shakumu yesterday stated that the specific clause that gives the line minister power to be consulted before any suspension of a CEO can be effected, is yet to be gazetted. 

 This, he said, is because the line minister has not yet given a notice to publish the changes in the Government Gazette with regards to Section 29 of the amended Local Authorities Act. 

The rest of the Act is deemed operational, effective 1 April 2018. 

“There is no proof if the notice was published in the Government Gazette. Therefore, the council, which is empowered to run the affairs of the local authority, may not have been wrong to suspend the town’s CEO without ministerial approval,” stated Shakumu. 

The latest published Government Gazette is also silent on the specific date on which Section 29 of the Local Authorities Act ought to be enforced. 

IPC enters fray

Meanwhile, the IPC has relied on the country’s constitution to question Uutoni’s authority over the Grootfontein impasse. 

IPC national general secretary Christine Aochamus says no law empowers Uutoni to direct, reverse and/or nullify implicitly a decision of council. 

“The honourable minister has no locus standi in the decisions of the council, even if such decisions were to be ultra vires the Act or any other governing principle,” she said. 

Thus, Uutoni’s intervention and public pronouncements and their consequences are unwarranted.

“Regrettably, in terms of Section 14 (5) of the Local Authorities Act 23 of 1992, the decision of council shall stand, irrespective of the consequences as may be decided upon by another appropriate authority, until set aside by a competent authority. The honourable minister is not that competent authority in terms of Article 18 of the Namibian Constitution,” Aochamus added.

-mamakali@nepc.com.na