Sankwasa won’t act on non-resident councillors without formal complaints
Urban and rural development minister James Sankwasa says his ministry can only act against local authority councillors residing outside their jurisdictions if voters lodge formal complaints.
This despite Section 13(1)(h) of the Local Authorities Act stipulating that a local authority councillor must vacate office if they cease to reside within the jurisdiction after being elected.
Sankwasa was responding to Namibian Sun regarding Johannes Ndeutepo, a councillor on the Omuthiya Town Council’s management committee, who has held a full-time job in Windhoek since July 2024.
The minister yesterday stressed that his ministry cannot act on Ndeutepo’s case because no official complaint has been made by a voter in his jurisdiction.
“The law is clear. I am based in Windhoek and I will not know which councillors are now living outside their jurisdictions. The electorate voted for them, and in this case, if the people of Omuthiya do not have a problem with it, why must I go and fish around for things?” Sankwasa said.
Far from voters
Ndeutepo moved to the capital to take up the position of CEO at Nammic Holdings while still serving as mayor of Omuthiya, located some 600 kilometres away – a situation that former minister Erastus Uutoni was reportedly aware of but did not address.
Although Ndeutepo lost the mayorship following the local authority's mid-term elections, he continues to serve as a councillor – a position he has held since early this year.
This has sparked concern among fellow councillors and Omuthiya residents, who question how he can effectively represent the town from such a distance.
This isn't an isolated incident.
In 2023, Namibian Sun reported on Dr Fabian George, chairperson of the Ongwediva Town Council’s management committee, who was working full-time in Okakarara – about 560 kilometres away – raising similar concerns about his capacity to fulfil his duties.
It is understood that George no longer works in Okakarara.
Law paves the way
In a legal opinion dated January 2021, attorney general Festus Mbandeka advised then minister Uutoni that the Act’s provision on residency is “absolute” rather than discretionary.
Mbandeka wrote: “In the event that a member of a local authority ceases to reside or only temporarily resides within the local authority area that such a member was elected to, such a member shall vacate his or her office pursuant to Section 13(1)(h) of the Local Authorities Act.”
He further clarified that the minister does have the power to remove such councillors and does not need to wait for their respective political parties to initiate the process.
Ndeutepo, in earlier comments, defended his position, arguing that he is not the only councillor residing outside his jurisdiction and that the Act needs to be amended. He also challenged former minister Uutoni to enforce the law, describing it as “legally impossible”.
Uutoni, at the time, maintained that the legislation is clear and requires no further interpretation.
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This despite Section 13(1)(h) of the Local Authorities Act stipulating that a local authority councillor must vacate office if they cease to reside within the jurisdiction after being elected.
Sankwasa was responding to Namibian Sun regarding Johannes Ndeutepo, a councillor on the Omuthiya Town Council’s management committee, who has held a full-time job in Windhoek since July 2024.
The minister yesterday stressed that his ministry cannot act on Ndeutepo’s case because no official complaint has been made by a voter in his jurisdiction.
“The law is clear. I am based in Windhoek and I will not know which councillors are now living outside their jurisdictions. The electorate voted for them, and in this case, if the people of Omuthiya do not have a problem with it, why must I go and fish around for things?” Sankwasa said.
Far from voters
Ndeutepo moved to the capital to take up the position of CEO at Nammic Holdings while still serving as mayor of Omuthiya, located some 600 kilometres away – a situation that former minister Erastus Uutoni was reportedly aware of but did not address.
Although Ndeutepo lost the mayorship following the local authority's mid-term elections, he continues to serve as a councillor – a position he has held since early this year.
This has sparked concern among fellow councillors and Omuthiya residents, who question how he can effectively represent the town from such a distance.
This isn't an isolated incident.
In 2023, Namibian Sun reported on Dr Fabian George, chairperson of the Ongwediva Town Council’s management committee, who was working full-time in Okakarara – about 560 kilometres away – raising similar concerns about his capacity to fulfil his duties.
It is understood that George no longer works in Okakarara.
Law paves the way
In a legal opinion dated January 2021, attorney general Festus Mbandeka advised then minister Uutoni that the Act’s provision on residency is “absolute” rather than discretionary.
Mbandeka wrote: “In the event that a member of a local authority ceases to reside or only temporarily resides within the local authority area that such a member was elected to, such a member shall vacate his or her office pursuant to Section 13(1)(h) of the Local Authorities Act.”
He further clarified that the minister does have the power to remove such councillors and does not need to wait for their respective political parties to initiate the process.
Ndeutepo, in earlier comments, defended his position, arguing that he is not the only councillor residing outside his jurisdiction and that the Act needs to be amended. He also challenged former minister Uutoni to enforce the law, describing it as “legally impossible”.
Uutoni, at the time, maintained that the legislation is clear and requires no further interpretation.
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