Allegations of ‘power grab’ hit NYC as interim board exits
The chairperson of the representative council of the National Youth Council (NYC), Kotokeni Willem Kotokeni, has formally rejected an attempt by director Calista Schwartz-Gowases to assume executive functions following the end of the interim board’s tenure on 19 August.
The representative council is a structure to which the NYC board reports annually, with its chairperson deemed the next most senior elected representative.
The dispute began when Schwartz-Gowases issued an internal memo dated 28 August, seen by Namibian Sun, directing staff on the administration of the executive chairperson’s office.
Citing the National Youth Council Act, she stated that, as director, she is “the head of the administration, chief accounting officer of the council and responsible for the day-to-day functions and affairs of the council.”
The memo instructed that “the day-to-day operations of the executive chairperson will rest under the office of the director until further notice,” adding that full cooperation from the management committee was required.
Kotokeni responded on 29 August, dismissing the move as an “unlawful” takeover of powers. In his letter, he emphasised that the functions of the executive chairperson are clearly defined under Section 27 of the Act and are distinct from the administrative responsibilities assigned to the director under Section 35.
He stated that these functions cannot legally be assumed by the director, and that doing so undermines the principle of separation of powers within the council’s governance framework.
Legal standing
He further explained that the executive chairperson serves as the political head of the council, while the director is responsible for administrative execution. Assuming both roles, he argued, “creates a conflict of interest, compromises institutional integrity, and contravenes the National Youth Council Act, Public Enterprises Governance Act, Companies Act of Namibia, Good Corporate Governance (NamCode) and Best Practices.”
Kotokeni said with the expiration of the interim board’s term, no executive organ exists to authorise or validate such a transfer of powers, and therefore the action “lacks legal standing and must be rescinded with immediate effect.”
Kotokeni also criticised Schwartz-Gowases for failing to consult him, the only elected office bearer under the Act, before taking the decision. He urged her to “refrain from exercising any functions beyond those lawfully assigned” and to await guidance from the ministry of education.
Governance vacuum
On the same day, he wrote to education minister Sanet Steenkamp, requesting urgent intervention to address what he described as a “critical governance vacuum” created by the absence of both a duly constituted board and an executive chairperson.
In his letter to the minister, Kotokeni warned that Schwartz-Gowases’ actions violate the separation of powers principle designed to safeguard accountability and institutional integrity. He said that placing the director in the dual role of implementer and overseer of strategic decisions is “akin to a referee playing in the match they are supposed to officiate”, creating a serious conflict of interest.
He added that the move risks setting “a dangerous case study in corporate governance”, establishing a precedent for institutional overreach, undermining youth representation, and damaging the council’s credibility.
Kotokeni also reminded Steenkamp that the interim board had issued a notice in July confirming that Schwartz-Gowases’ employment tenure ends on 13 December, further raising questions about her authority to act in the absence of the executive chairperson.
He warned that the current situation could result in the director making decisions on behalf of the executive chairperson and board, with potential long-term consequences for the council.
At the time of publication, neither Steenkamp nor Schwartz-Gowases could be reached for comment.
The representative council is a structure to which the NYC board reports annually, with its chairperson deemed the next most senior elected representative.
The dispute began when Schwartz-Gowases issued an internal memo dated 28 August, seen by Namibian Sun, directing staff on the administration of the executive chairperson’s office.
Citing the National Youth Council Act, she stated that, as director, she is “the head of the administration, chief accounting officer of the council and responsible for the day-to-day functions and affairs of the council.”
The memo instructed that “the day-to-day operations of the executive chairperson will rest under the office of the director until further notice,” adding that full cooperation from the management committee was required.
Kotokeni responded on 29 August, dismissing the move as an “unlawful” takeover of powers. In his letter, he emphasised that the functions of the executive chairperson are clearly defined under Section 27 of the Act and are distinct from the administrative responsibilities assigned to the director under Section 35.
He stated that these functions cannot legally be assumed by the director, and that doing so undermines the principle of separation of powers within the council’s governance framework.
Legal standing
He further explained that the executive chairperson serves as the political head of the council, while the director is responsible for administrative execution. Assuming both roles, he argued, “creates a conflict of interest, compromises institutional integrity, and contravenes the National Youth Council Act, Public Enterprises Governance Act, Companies Act of Namibia, Good Corporate Governance (NamCode) and Best Practices.”
Kotokeni said with the expiration of the interim board’s term, no executive organ exists to authorise or validate such a transfer of powers, and therefore the action “lacks legal standing and must be rescinded with immediate effect.”
Kotokeni also criticised Schwartz-Gowases for failing to consult him, the only elected office bearer under the Act, before taking the decision. He urged her to “refrain from exercising any functions beyond those lawfully assigned” and to await guidance from the ministry of education.
Governance vacuum
On the same day, he wrote to education minister Sanet Steenkamp, requesting urgent intervention to address what he described as a “critical governance vacuum” created by the absence of both a duly constituted board and an executive chairperson.
In his letter to the minister, Kotokeni warned that Schwartz-Gowases’ actions violate the separation of powers principle designed to safeguard accountability and institutional integrity. He said that placing the director in the dual role of implementer and overseer of strategic decisions is “akin to a referee playing in the match they are supposed to officiate”, creating a serious conflict of interest.
He added that the move risks setting “a dangerous case study in corporate governance”, establishing a precedent for institutional overreach, undermining youth representation, and damaging the council’s credibility.
Kotokeni also reminded Steenkamp that the interim board had issued a notice in July confirming that Schwartz-Gowases’ employment tenure ends on 13 December, further raising questions about her authority to act in the absence of the executive chairperson.
He warned that the current situation could result in the director making decisions on behalf of the executive chairperson and board, with potential long-term consequences for the council.
At the time of publication, neither Steenkamp nor Schwartz-Gowases could be reached for comment.
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