Helao Nafidi saga drags on
Swapo to face axed councillor in court
Helao Nafidi councillor Ester Ndatala Nghidimbwa who was handpicked by Swapo and replaced Lucia Nghililewanga, who had been voted into office, has threatened to take legal action against the council if the ruling party does not rescind its decision to remove her from office by today.
This is according to a letter dated 17 August from her lawyer Henry Shimutwikeni to Helao Nafidi Mayor, Eliaser Nghipangelwa.
“Take note that we have written a letter to Swapo secretary-general Nangolo Mbumba informing him to withdraw his decision by no later than Friday, 19 August 2016. We hold instructions to approach the High Court on Monday, 22 August 2016, on an urgent basis to apply for an interdict against the swearing in of Lucia Nghililewanga as a councillor of Helao Nafidi Town Council,” Shimutwikeni wrote. Nghipangelwa confirmed that he received the letter.
Nghililewanga was elected into council, but replaced by Nghidimbwa who was not a candidate for the Helao Nafidi Town Council during last year’s local authority elections. She was in fact a candidate in the regional council elections for the Oshikango district.
Last week Mbumba admitted to this newspaper that the party had made a mistake to swear in Nghidimbwa as councillor of Helao Nafidi and the party was prepared to correct its mistake.
On 4 August, Mbumba had written to Ohangwena Swapo regional coordinator Hafeni Hatutale, instructing him to ensure that Nghidimbwa is removed from the Helao Nafidi Town Council and replaced by Nghililewanga with immediate effect and that he should report back to his office not later than 12:00 on 8 August.
It was also reported that the Swapo politburo attempted to remove Panduleni Hainghumbi as councillor of Helao Nafidi to pave, way for Nghililewanga to rectify the situation, but after numerous complaints, the politburo reneged on its decision.
In his argument, Shimutwikeni maintains that the removal of his client is unlawful and it violates the principles of justice and fairness.
“It is our instructions that the decision of Swapo Party secretary-general, Nangolo Mbumba, as communicated in the said letter which purports to direct that our client be removed as a councillor for the Helao Nafidi Town Council, is firstly unlawful as he is not empowered to take the said decision,” he said.
“Secondly, the decision to remove our client is against the practice of the Swapo Party and thirdly, the decision to remove our client as councillor violates the principles of justice and fairness.”
Attempts to get comment from Hatutale were unsuccessful as his phone went unanswered.
KENYA KAMBOWE
This is according to a letter dated 17 August from her lawyer Henry Shimutwikeni to Helao Nafidi Mayor, Eliaser Nghipangelwa.
“Take note that we have written a letter to Swapo secretary-general Nangolo Mbumba informing him to withdraw his decision by no later than Friday, 19 August 2016. We hold instructions to approach the High Court on Monday, 22 August 2016, on an urgent basis to apply for an interdict against the swearing in of Lucia Nghililewanga as a councillor of Helao Nafidi Town Council,” Shimutwikeni wrote. Nghipangelwa confirmed that he received the letter.
Nghililewanga was elected into council, but replaced by Nghidimbwa who was not a candidate for the Helao Nafidi Town Council during last year’s local authority elections. She was in fact a candidate in the regional council elections for the Oshikango district.
Last week Mbumba admitted to this newspaper that the party had made a mistake to swear in Nghidimbwa as councillor of Helao Nafidi and the party was prepared to correct its mistake.
On 4 August, Mbumba had written to Ohangwena Swapo regional coordinator Hafeni Hatutale, instructing him to ensure that Nghidimbwa is removed from the Helao Nafidi Town Council and replaced by Nghililewanga with immediate effect and that he should report back to his office not later than 12:00 on 8 August.
It was also reported that the Swapo politburo attempted to remove Panduleni Hainghumbi as councillor of Helao Nafidi to pave, way for Nghililewanga to rectify the situation, but after numerous complaints, the politburo reneged on its decision.
In his argument, Shimutwikeni maintains that the removal of his client is unlawful and it violates the principles of justice and fairness.
“It is our instructions that the decision of Swapo Party secretary-general, Nangolo Mbumba, as communicated in the said letter which purports to direct that our client be removed as a councillor for the Helao Nafidi Town Council, is firstly unlawful as he is not empowered to take the said decision,” he said.
“Secondly, the decision to remove our client is against the practice of the Swapo Party and thirdly, the decision to remove our client as councillor violates the principles of justice and fairness.”
Attempts to get comment from Hatutale were unsuccessful as his phone went unanswered.
KENYA KAMBOWE
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