Mwiya drags Tjongarero to court

STAFF REPORTER
Namibia Sports Commission (NSC) chief administrator Freddy Mwiya has applied for an urgent interdict against sports minister Agnes Tjongarero, who continues to ignore a recommendation by the commission’s board to renew Mwiya’s contract for another five years.

This is the latest twist in the ensuing soap opera, which saw the minister firing the NSC board on Tuesday for alleged insubordination as the two parties continue to differ on Mwiya’s contract renewal.

The board consisted of Joel Matheus (chairperson), Erica Beukes, Alna Similo , Karen Mubonenwa, Thomas Mbeeli, Dr Marius Johannes, Nicklaus Ngumono and Linda Chicalu. Their term was to expire on Tuesday.

A day before getting their marching orders, the board had installed Mwiya as acting chief administrator from June 1 indefinitely until mediation between the minister and the board takes place over Mwiya’s fate.

Retaliating, Tjongarero fired the board the next day, “on account of deliberate insubordination and ignoring of directives from the appointing authority”.

The NSC board had recommended that Mwiya’s contract be renewed until 2027, saying he had performed well at the commission over the past five years.

His performance was evaluated by an independent consultancy in consultation with the board – and got an overall score of a B.

Tjongarero refused to endorse the recommendation, saying the position must be advertised so that other qualified Namibians could also apply for it.

The board, led by Joel Matheus, insisted that Tjongarero had no power to appoint anyone outside what has been recommended to her by it.

The board further believes that there is a long-established tradition within public entities that a CEO who has performed well in their first term of office usually get a renewal of contract without their position being advertised.

Treating Mwiya differently, the board argued in a letter to Tjongarero dated May 20, would disadvantage him.

The board also questioned the minister’s motives in the matter, saying she had reappointed other heads of institutions under her ministry without advertising those positions.

Elsewhere, it has been pointed out that Tjongarero reappointed National Youth Council director Calista Schwartz-Gowases, whose contract had ended while she was on suspension. Her position was not advertised but Tjongarero endorsed a November 2020 recommendation by the NYC board to reappoint her.

Mwiya’s lawyers, Ndaitwah Legal Practitioners, on Wednesday served Tjongarero with court papers in which the NSC chief seeks to restrain the minister from interfering in the business of the commission.

The interdict also seeks to maintain Mwiya’s status at the commission until the court challenge has come to its logical conclusion. The matter is expected to be heard in the Windhoek High Court this morning.

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Namibian Sun 2024-04-20

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