Rundu council, surveyor settle defamation case

The Rundu Town Council and private quantity surveyor Fernandu Santu Simon have reached a settlement agreement resolving a defamation suit and clarifying the respective roles of municipalities and private consultants in the town’s building approval process.

The settlement, signed by both parties on 30 March and made an order of court by High Court Judge Justice De Jager, brings to an end proceedings in which Simon and his company, Fernandu Santu Simon Quantity Surveyors CC, sought N$300 000 in damages, a public retraction and apology, and a declaration that statements by a council official were defamatory. 

At the centre of the dispute was an email authored in April 2025 by Rundu Town Council official Johannes Hawanga Sinime, who questioned the validity of compliance-related certificates issued through Simon's consultancy.

Simon, who resigned as a council building inspector in January 2025 to establish a private practice, alleged that the email damaged his professional reputation by suggesting he was unlawfully performing statutory inspection functions and misleading conveyancers and members of the public.

He further claimed that the allegations resulted in financial losses and undermined confidence in his services.

According to court documents, the council and Sinime denied the claims, maintaining that the email was issued in the course of official duties and intended to clarify a regulatory query raised by a conveyancer regarding documentation submitted through Simon's firm.

They argued that only the council is legally empowered to issue completion certificates, compliance certificates and other statutory building control approvals, and that such powers cannot be delegated to or exercised by private consultants.

Beyond the defamation allegations, the case exposed a broader governance issue concerning the practical boundaries between municipal building control functions and private-sector technical assistance in construction regulation.

Municipal authority

Under the settlement agreement, private consultants such as quantity surveyors may assist property owners with building plan submissions, municipal payments, liaison with council departments, monitoring construction progress, coordinating inspections, submitting applications for compliance certificates, and assisting during final inspections. However, they do not exercise statutory authority on behalf of the municipality.

The agreement reaffirms that the authority to issue completion certificates, compliance certificates and other legally binding approvals remains exclusively vested in the municipality.

It also clarifies that private consultants are neither agents, representatives nor employees of the council and that their actions cannot bind or legally represent the municipality in any capacity.

Under the terms of the settlement, both parties agreed to withdraw their claims without any admission of liability. Each party will bear its own legal costs.

As part of the agreement, the Rundu Town Council will issue a public notice outlining the legal framework governing building control processes within its jurisdiction, including the statutory role of the municipality and the permissible functions of private consultants engaged by property owners.

The parties further agreed that the settlement constitutes a full and final resolution of the dispute.