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Lawyer demands booted MPs’reinstatement

Lawyer Sisa Namandje has challenged the Oshikoto Regional Council’s decision to boot two of its members, Phillemon Ndjambula and Sakeus Nangula, from the National Council, arguing that the council did not have the power and jurisdiction to do so.

Namandje has written to National Council (NC) secretary Tousy Namiseb, saying the NC was under no obligation to act on the recall of his clients.

Both Nangula and Ndjambula were removed following allegations that they conducted themselves improperly.

However, Namandje has argued that article 70 (2) of the Namibian Constitution does not vest the regional council with the power or right to recall a member of the NC prior to the expiry of his or her term.

“Article 70(2) simply regulates what should happen when a seat of a member of the NC becomes vacant through death, resignation or disqualification prior to the expiry of the concerned member’s term of the office,” he stated.

“It follows from the above that since article 70(2) does not give a regional council power to recall a member of the NC it means that the Oshikoto Regional Council’s action is one made without jurisdiction. It is a complete nullity requiring no declarator by court to that effect,” Namandje wrote.

He has asked for confirmation that his clients will continue to be members of the NC and that the decision to recall them will not be acted upon.

The Namibian has reported that the two councillors were replaced as members of the NC by Oshikoto regional councillors Gottlieb ‘Gotty’ Ndjendjela and Mateus Kamati.

However, Namiseb reportedly wrote to the Oshikoto Regional Council, saying he would not accept Ndjendjela and Kamati’s membership of the NC.

Omuthiya regional councillor Nghipudilo ya Shiindi has also challenged the decision of the Oshikoto Regional Council.

“When I saw the leaked management committee recommendations to the regional council, this is what I had to say to the leadership through a WhatsApp, where the picture of NC recommendations were shared,” Ya Shiimi said.

“Where is the regional council is deriving its power to recall NC members from? Yes, article 108(a) gave council power to elect, and it ends there, members to the NC, and they are mandated to adhere to section 26 and 27 of the Regional Councils Act, respectively.”

“Article 70 of the supreme law is telling us that the term of office of members of NC is a fixed term of five years unless a member dies, resigns or is disqualified. According to the above conditions, the regional council has no role to play, they have no power to ‘recall’ a member from the NC,” she said.

Ya Shiindi added that the only power the regional council has is stated in section 10(1)(a) of the Regional Councils Act.

“It reads as follows, in the case of a member who has been nominated as a candidate by a political party in accordance with the laws governing elections for members of regional councils, ceases to be a member of that political party.

“Whatever you are all trying may cost council money, should those members act against your decision.”

“The only power and option you have is either disqualifying those members from being regional councillors (section 10(1)(a)) or kicking them out of Swapo (section10(1)(c)).

“The Oshikoto Regional Council has no mandate or power to recall members from the NC, unless you all don’t know what you are doing. You all may try to use your “perceived” muscle but the route you embarked on has reached the cul-de-sac on 30 May,” she said.