RedForce demands retraction of Sankwasa’s directive
Debt collector threatens to sue minister
RedForce has accused Sankwasa of acting out of spite after the company disconnected his municipal services in Katima Mulilo due to alleged non-payment.
In a pointed response to urban and rural development minister Sankwasa James Sankwasa, RedForce Debt Management has issued a legal letter demanding the immediate withdrawal of his directive instructing local authorities not to renew contracts with the company and accused the minister of harbouring a personal vendetta, following the disconnection of his municipal services in Katima Mulilo over alleged non-payment.
Through its legal representatives, Etzold-Duvenhage, RedForce accused the minister of acting unlawfully, irrationally and beyond the scope of his powers.
The firm’s legal letter – dated yesterday – warns that should the directive not be withdrawn by 13 August, it will approach the High Court to challenge its legality and seek damages for defamation and injurious falsehood.
RedForce claims the directive amounts to “unlawful interference” in the statutory procurement autonomy of local authorities, which is protected under the Public Procurement Act of 2015.
“This directive is ultra vires, irrational and contrary to the doctrines of procedural fairness and administrative justice,” the company argued, adding that no consultation preceded the minister’s sweeping instruction. “Our client’s contracts are not the result of discretionary ministerial favour, but of transparent and competitive bidding processes governed by law,” the lawyers wrote.
Alleges personal motive
RedForce further claims that the minister may have been motivated by personal dissatisfaction, citing an alleged conversation at the Windhoek Country Club earlier this year during which Sankwasa reportedly expressed anger over the disconnection of his municipal services in Katima Mulilo – a matter managed by RedForce on behalf of the local council.
RedForce's lawyers warned that the directive, along with accompanying public statements, is defamatory. “The reputational harm occasioned by your unsubstantiated public statements is incalculable,” the letter states.
RedForce has demanded that the ministry provide, within seven days, the legal basis, supporting documentation and reasoning behind the directive.
“All our client’s rights, both in law and equity, remain strictly and fully reserved,” the letter concludes.
Big ban
On Monday this week, Sankwasa issued a directive to all local authorities nationwide, urging them not to renew or enter into any new agreements with RedForce, citing public dissatisfaction with the company’s operations.
“This ministerial directive should be adhered to without fail, since it has a very negative effect on our citizens,” he said in a letter to mayors and CEOs of local authorities.
Sankwasa accused RedForce of causing “economic and political challenges and problems for citizens and residents in all such local authorities that use the services of this company.”
Immediate backlash
However, several local authorities have already indicated they will not comply with the directive, describing it as overreach and legally flawed.
Katima Mulilo CEO Raphael Liswaniso described the directive as “not lawful,” pointing to Section 2 of the Public Procurement Act, which outlines the objectives of procurement, including integrity, transparency, fair dealing, and legality.
He further cited Section 3(2) of the same Act, which states that if any directive contradicts public procurement laws or regulations, the Public Procurement Act prevails.
“In other words, if a ministerial directive contradicts the provisions of the Act, the Act prevails – thereby rendering such a directive unlawful,” he noted.
Owner rejects foreign links
Meanwhile, RedForce owner Selma Nangombe has rubbished claims that her company is foreign-owned.
“I have noted with concern the repeated circulation of articles falsely claiming that RedForce is a Zimbabwean company. These statements are factually incorrect, misleading, and defamatory in nature,” she told Namibian Sun yesterday.
“For the record, RedForce Debt Management CC is a wholly Namibian-owned and duly registered company under the applicable laws of the Republic of Namibia. I am the sole member and owner of the entity.”
She clarified that the presence of foreign nationals in management does not equate to foreign ownership. Zimbabwean-born Julius Nyamazana currently serves as RedForce’s CEO.
“It must be clearly understood that a company legally registered in Namibia cannot be classified as ‘foreign owned’, regardless of the nationality of its executives who are legally employed and residing in Namibia. This is a matter of law, not speculation or sentiment,” Nangombe stressed.
Contacted for comment yesterday, Sankwasa said he was too busy to respond to RedForce's demands.
Through its legal representatives, Etzold-Duvenhage, RedForce accused the minister of acting unlawfully, irrationally and beyond the scope of his powers.
The firm’s legal letter – dated yesterday – warns that should the directive not be withdrawn by 13 August, it will approach the High Court to challenge its legality and seek damages for defamation and injurious falsehood.
RedForce claims the directive amounts to “unlawful interference” in the statutory procurement autonomy of local authorities, which is protected under the Public Procurement Act of 2015.
“This directive is ultra vires, irrational and contrary to the doctrines of procedural fairness and administrative justice,” the company argued, adding that no consultation preceded the minister’s sweeping instruction. “Our client’s contracts are not the result of discretionary ministerial favour, but of transparent and competitive bidding processes governed by law,” the lawyers wrote.
Alleges personal motive
RedForce further claims that the minister may have been motivated by personal dissatisfaction, citing an alleged conversation at the Windhoek Country Club earlier this year during which Sankwasa reportedly expressed anger over the disconnection of his municipal services in Katima Mulilo – a matter managed by RedForce on behalf of the local council.
RedForce's lawyers warned that the directive, along with accompanying public statements, is defamatory. “The reputational harm occasioned by your unsubstantiated public statements is incalculable,” the letter states.
RedForce has demanded that the ministry provide, within seven days, the legal basis, supporting documentation and reasoning behind the directive.
“All our client’s rights, both in law and equity, remain strictly and fully reserved,” the letter concludes.
Big ban
On Monday this week, Sankwasa issued a directive to all local authorities nationwide, urging them not to renew or enter into any new agreements with RedForce, citing public dissatisfaction with the company’s operations.
“This ministerial directive should be adhered to without fail, since it has a very negative effect on our citizens,” he said in a letter to mayors and CEOs of local authorities.
Sankwasa accused RedForce of causing “economic and political challenges and problems for citizens and residents in all such local authorities that use the services of this company.”
Immediate backlash
However, several local authorities have already indicated they will not comply with the directive, describing it as overreach and legally flawed.
Katima Mulilo CEO Raphael Liswaniso described the directive as “not lawful,” pointing to Section 2 of the Public Procurement Act, which outlines the objectives of procurement, including integrity, transparency, fair dealing, and legality.
He further cited Section 3(2) of the same Act, which states that if any directive contradicts public procurement laws or regulations, the Public Procurement Act prevails.
“In other words, if a ministerial directive contradicts the provisions of the Act, the Act prevails – thereby rendering such a directive unlawful,” he noted.
Owner rejects foreign links
Meanwhile, RedForce owner Selma Nangombe has rubbished claims that her company is foreign-owned.
“I have noted with concern the repeated circulation of articles falsely claiming that RedForce is a Zimbabwean company. These statements are factually incorrect, misleading, and defamatory in nature,” she told Namibian Sun yesterday.
“For the record, RedForce Debt Management CC is a wholly Namibian-owned and duly registered company under the applicable laws of the Republic of Namibia. I am the sole member and owner of the entity.”
She clarified that the presence of foreign nationals in management does not equate to foreign ownership. Zimbabwean-born Julius Nyamazana currently serves as RedForce’s CEO.
“It must be clearly understood that a company legally registered in Namibia cannot be classified as ‘foreign owned’, regardless of the nationality of its executives who are legally employed and residing in Namibia. This is a matter of law, not speculation or sentiment,” Nangombe stressed.
Contacted for comment yesterday, Sankwasa said he was too busy to respond to RedForce's demands.
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