Sankwasa dares RedForce to go to court

Urban and rural development minister Sankwasa James Sankwasa says he refuses to retract a recent directive to local authorities not to renew contracts with RedForce Debt Management.Over the weekend, Sankwasa wrote to this publication, saying: “I saw an article in Namibian Sun newspaper where RedForce wants me to retract my directive, something I will never do."He added: "If the company wants, let them proceed to court. I and you will then know who in their local authorities have underdeals [with them.”Sankwasa wrote to all local authorities on 4 August, instructing them not to renew or enter into new agreements with RedForce.In response, RedForce’s legal representative, Etzold-Duvenhage, issued a legal letter accusing the minister of acting unlawfully, irrationally and beyond his powers.The company argues 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.In the letter, the company further alleged that the minister was motivated by a personal vendetta, following the disconnection of his municipal services in Katima Mulilo over alleged non-payment.RedForce warned that, should the directive not be withdrawn by 13 August, it will approach the High Court to challenge its legality and seek damages for defamation and injurious falsehood.Municipalities question legality Several local authorities have indicated they will not comply with the directive, describing it as overreach and legally flawed.Katima Mulilo CEO Raphael Liswaniso said it was “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.Okahandja deputy mayor Akser Aupindi has also described Sankwasa’s directive as “unlawful, baseless and politically flawed.”“There is no law or legal authority within the existing legal framework that gives you the power to issue such a directive,” Aupindi wrote to Sankwasa.He also demanded that the minister provide specific statutory grounds for the directive.“Failure to do so will compel us to consider this directive as unlawful, baseless and politically flawed to gain popularity and score points for your political home,” Aupindi stated.He accused the minister of overstepping his mandate and interfering in local governance.Harm caused In their legal response, 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 stated.RedForce 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 concluded.Misleading ownership claims Meanwhile, RedForce owner Selma Nangombe has dismissed 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 last week. “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.“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.kenya@nmh-hub.com.na

Sankwasa dares RedForce to go to court

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Namibian Sun 2025-08-11

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Sankwasa dares RedForce to go to court

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Namibian Sun 2025-08-11

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