RUNDU – The withdrawal of three councillors of the Rundu Town Council by the Swapo Party of Namibia was not done procedurally in that their party purported to do so without having afforded the councillors an opportunity to be heard before such decision was made and without following the due process of law, says their lawyer, Kadhila Amoomo.
In a letter directed by Amoomo to Swapo’s Secretary General (SG), Sophia Shaningwa, he states that “our instructions are further that you purported to do so without having afforded our clients an opportunity to be heard before such decision was made and without following due process of law. In the absence of the above your aforesaid action is unlawful and stands to be declared invalid, null and void. Kindly peruse Nghidimbwa v SWAPO Party of Namibia [2017] NAHCMD 298, for your information.”
The law firm therefore demands that the ruling party cease and desist from any action withdrawing their clients from office as councillors immediately. “We further demand that you provide an undertaking that you will not persist any further with any action intended to enforce your aforesaid decision. Should we not receive the aforesaid undertaking by 12:00 on 15 February 2019, our clients shall approach the High Court for appropriate relief.” The recalled Rundu councillors have decided not to accept Swapo’s decision to replace them at the council and have thus sought legal opinion against their party.
Swapo could not respond to Amoomo’s demand by Friday afternoon. “We act on behalf of the Swapo Party and your letter dated 14th February 2019, addressed to our clients, has reference. We note the deadline, however, kindly allow the writer hereof time to take instructions, as the Secretary General is presently out of town,” notes the letter signed by Dirk Conradie of Conradie & Damaseb law firm who are representing Swapo in this case.
“We will endeavour to revert to you by Tuesday,” the letter reads further.
“Well we have demanded and their lawyer responded that they have not been able to consult their client and that they will revert to us once they have obtained instructions from their client, basically that is the status of the matter,” said Enkali Samson of Kadhila Amoomo on Friday afternoon.
“They have responded – their lawyers want to consult their clients first before they revert to us with their position, so we are waiting for their response, they need to give us their decision,” he added. The three councillors involved are Anastacia Shinduvi-Antonio, Toini Hausiku and Isaak Kandingu.