Six Popular Democratic Movement parliamentarians who were sworn in last year, are demanding backpay from the National Assembly, as they became duly elected members of the House in 2019.
This is after the Supreme Court ruled last year that six PDM members – Esmeralda Esme !Aebes, Johannes Martin, Kazeongere Tjeundo, Godfrey Kupuzo Mwilima, Timotheus Sydney Shihumbu and Pieter Mostert – were unlawfully added to the National Assembly list.
Following the ruling, they were replaced by Hidipo Hamata, Yvette Araes, Maximalliant Katjimune, Reggie Diergaardt, Charmaine Tjirare and Mike Venaani, father to PDM’s leader McHenry Venaani.
Now, the new MPs are insisting on being reimbursed for financial losses incurred while their seats were occupied by the ousted group.
In a letter to National Assembly secretary Lydia Kandetu dated 14 February 2023, seen by New Era, the group demanded what they believe is due to them.
Their perks should be backdated to 20 March 2020, when the current parliamentarians officially commenced work, to their exclusion.
Kandetu confirmed receiving the letter but could not provide further details.
“We submit that it will be in the interest of fairness if the National Assembly gave serious consideration to back paying us such remuneration, allowances, perks and privileges effective 20 March 2020, owing to the fact we suffered enormous financial loss because of the prejudice that occurred, not to mention the emotional, physical and financial trauma that emanated from the protracted legal showdown,” said the ‘PDM Six’, as the group has come to be known.
That is not all.
The six are also eyeing pension-related proceeds deducted from their predecessors.
“It is also imperative to seek clarity as to how exactly the National Assembly and the Government Institutions Pension Fund (GIPF) plan to disburse the pensions which were deducted from the six former invalidly-appointed members in light of the judgement of the Supreme Court,” the group demands.
They based their argument on the Supreme Court judgement of 30 May 2022, which paved their way to the legislative organ.
“From the reading of paragraph 41 of the judgement, it becomes evident that because of the sacrosanct notion of separation of powers, the court did not delve into the quagmire of whether we (the six ‘new’ members) ought to be compensated for the period in which we were prejudiced from occupying our seats in the National Assembly or not.
“What the court did, however, was to leave it entirely to the discretion of the National Assembly to enforce any legal remedies, if any, in regards to such remuneration, allowances, perks and privileges that were afforded to the invalidly appointed members,” they placed their demands on the table.
The ball was left in Kandetu’s court.
“It is, therefore, on that basis that we write to your office, as the accounting officer of the National Assembly, to seek clarity as to how far the National Assembly has gone in respect of the comments of Frank AJA at paragraph 41 of the judgement, and whether the National Assembly has given any thought in regards to back paying us such remuneration, allowances, perks and privileges for which were entitled so since 20 March 2020 had the prejudice not occurred,” the six said.
PDM secretary general Manuel Ngaringombe is aware of the latest developments.
“It was addressed to the National Assembly. They are the right body to respond,” Ngaringombe said.
Asked if the new request, which effectively pits PDM against its MPs, might create a rift in the party, Ngaringombe was rather cautious.
“People have their rights. They demanded to go to parliament, took up a court challenge and succeeded to become MPs. Now, they feel that they should be reimbursed, which is also their right to demand such. So, PDM has nothing to say. Let the National Assembly decide,” the party administrator said.
At the moment, the six ousted PDM MPs are currently on the party’s payroll receiving their remuneration from funds derived mainly from parliament.
– emumbuu@nepc.com.na