WALVIS BAY – The state of governance at the beleaguered Namibia Institute of Mining and Technology (NIMT) is currently in disarray as the board of trustees still consists of a deceased member as well as an inactive one, both of whom have been ‘serving’ for the last 29 years.
This is according to the institution’s amended Trust Certificate.

Late NIMT executive director Eckhart Mueller, who was murdered in 2019, is still a member of the NIMT board of trustees and so is National Assembly Speaker Peter Katjavivi. 
Both are listed as trustee board members since 1991. Mueller and Katjavivi were initially interim board of trustee members appointed by  Rössing Uranium Mine.  

This was when the mine donated NIMT to the government in 1992.
However, New Era understands even the donation was not done properly due to an oversight. 
This resulted in only the NIMT property being transferred to government in 1995 and not the trust itself and as such the legality of the transaction cast doubt on some board of trustee members appointed throughout the years.

An amended Trust Certificate issued by the Master of the High Court on 20 September 2020 shows the late Mueller as well as Katjavivi, whose active engagement with NIMT ended in 2003, are still board of trustee members. 
On paper they currently serve alongside Reiner Gevers, Gloria Namwi Simubali, Alfred van Kent, Veston Malango, Monika Aikali and Gabriell Schneider and current board chairperson Albius Mwiya.

Mwiya upon enquiry in fact admitted that both Meuller and Katjivivi are still legal members.   
“As you know Mueller is deceased and Katjavivi has indicated that he will resign so that new members can be appointed, but they are both still legally board members according to the Trust Certificate,” he said
New Era understands Katjavivi ended his active participation in NIMT’s affairs in 2003 when he was appointed as Namibian ambassador to Belgium and the European Union.

The deputy executive director of the higher education ministry under whose ambit NIMT operates, Raimo Naanda, yesterday also confirmed that both Mueller and Katjavivi are still listed on the board of trustees and that they can only be legally removed by the donor, namely Rössing.
“However, the current board is legal and registered although it includes the two of them as they can only be removed by the donor,” he said.
He added work is being done on the legality surrounding the institution, which has also faced financial difficulties for a number of  years.
According to Naanda, the donor no longer wanted to be part of NIMT activities hence it was donated to government.  
“We have instructed government to legalise the appointment of the trustees so that this function cannot be performed by the trustees themselves,” Naanda said yesterday.

The Trust Deed seen by New Era states that three trustees shall be nominated by the donor, while the Ministry of Mines and Energy, labour ministry and the education ministry should each appoint one trustee. 
Naanda further admitted that the Trust Deed does not make note of his ministry but noted that vocational training does fall within their sphere. 
“That is why we are also in consultation with the line ministries to amend the Trust Deed so that the institution legally falls under the higher education ministry instead of the education ministry,” he said.

Naanda explained that NIMT is managed by the trust but the property in Arandis was donated to government to be used for the benefit of the Namibian youth. 

“NIMT has seen some challenges over the years and we are working on all those but we are doing it the legal way. We are in the process of totally transforming NIMT but will have to complete all the required legal processes,” he stated.
According to a document seen by New Era, NIMT was donated to government in 1992, however, the donation transfer could not be done as Arandis was not yet proclaimed a town. 
The transfer was done in 1995 upon the town’s proclamation.  
– edeklerk@nepc.com.na