Lawyer wins case against justice minister
• Dausab’s decision overruled
In April 2023, Phillemon tweeted photos of a cultural festival with the caption "for once, the Damara people are doing something beautiful".
A legal aid lawyer who made allegedly discriminatory remarks about Damara people on Twitter last April succeeded in a court case against the justice minister and legal aid directorate on Friday.
The court overruled minister Yvonne Dausab's decision to withdraw Eva Maria Nangolo Phillemon's appointment as a legal aid representative pending further proceedings.
This comes after Phillemon tweeted photos of a traditional festival with the caption "for once, the Damara people are doing something beautiful, [a] cultural identity. I love this! It overshadows that [violent] image of broken bottles, knife-stabbing, insults and no [cultural] identity" in April 2023.
Judge Orben Sibeya ruled in Phillemon's favour in the Windhoek High Court on Friday and ordered the ministry and the legal aid directorate to pay her legal costs.
Phillemon argued that Dausab's decision to withdraw her appointment was made without giving her an opportunity to make representations, that it is contrary to the rules of justice and violates her rights.
She alleged that Dausab made the decision based on public pressure and ulterior motives.
Life-changing event
In its judgment, the court pointed out that the suspension of the practice of one's trade results in a serious intrusion into one's career. "Such a decision must be made with great care as it is a life-changing event."
The ministry and the legal aid directorate argued that after posting the tweet, Phillemon did not come to work the next day and was absent for the next 30 days without permission or applying for leave.
She apparently only applied for sick leave at a later stage. Based on that, they argued that Phillemon was no longer employed by the justice ministry. However, Phillemon retorted that leave certificates were provided to her direct superior.
"She had enough leave days at her disposal and, in my opinion, she cannot be punished for using her leave days. She can prove there was a good reason for her absence and it cannot be said that she committed misconduct," Sibeya's judgment read.
Too vague
The ministry and legal aid directorate further argued that Phillemon was only appointed as legal aid attorney for 12 months from September 2020, and that her appointment had therefore already expired.
However, the judge found that an appointment letter by the minister - which forms the basis of Phillemon's appointment - does not refer to any time or include an expiry date.
"There is no reference to a period of 12 months. The appointment is as clear as daylight... I therefore find that the appointment is permanent in nature," the judgment read.
To the lawyer's claims that Dausab did not give her an opportunity to make representations, the minister said she was invited to state her case, but decided against it.
Phillemon denied that she was ever invited to make representations.
The directorate's private secretary apparently called Phillemon and asked her to come in, but Phillemon informed them that she was booked off due to illness.
The court found that the invitation was too vague.
The court overruled minister Yvonne Dausab's decision to withdraw Eva Maria Nangolo Phillemon's appointment as a legal aid representative pending further proceedings.
This comes after Phillemon tweeted photos of a traditional festival with the caption "for once, the Damara people are doing something beautiful, [a] cultural identity. I love this! It overshadows that [violent] image of broken bottles, knife-stabbing, insults and no [cultural] identity" in April 2023.
Judge Orben Sibeya ruled in Phillemon's favour in the Windhoek High Court on Friday and ordered the ministry and the legal aid directorate to pay her legal costs.
Phillemon argued that Dausab's decision to withdraw her appointment was made without giving her an opportunity to make representations, that it is contrary to the rules of justice and violates her rights.
She alleged that Dausab made the decision based on public pressure and ulterior motives.
Life-changing event
In its judgment, the court pointed out that the suspension of the practice of one's trade results in a serious intrusion into one's career. "Such a decision must be made with great care as it is a life-changing event."
The ministry and the legal aid directorate argued that after posting the tweet, Phillemon did not come to work the next day and was absent for the next 30 days without permission or applying for leave.
She apparently only applied for sick leave at a later stage. Based on that, they argued that Phillemon was no longer employed by the justice ministry. However, Phillemon retorted that leave certificates were provided to her direct superior.
"She had enough leave days at her disposal and, in my opinion, she cannot be punished for using her leave days. She can prove there was a good reason for her absence and it cannot be said that she committed misconduct," Sibeya's judgment read.
Too vague
The ministry and legal aid directorate further argued that Phillemon was only appointed as legal aid attorney for 12 months from September 2020, and that her appointment had therefore already expired.
However, the judge found that an appointment letter by the minister - which forms the basis of Phillemon's appointment - does not refer to any time or include an expiry date.
"There is no reference to a period of 12 months. The appointment is as clear as daylight... I therefore find that the appointment is permanent in nature," the judgment read.
To the lawyer's claims that Dausab did not give her an opportunity to make representations, the minister said she was invited to state her case, but decided against it.
Phillemon denied that she was ever invited to make representations.
The directorate's private secretary apparently called Phillemon and asked her to come in, but Phillemon informed them that she was booked off due to illness.
The court found that the invitation was too vague.
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