Defiant Kunene ordered to repay payouts of unlawful CRO
Urban and Rural Development Minister Sankwasa James Sankwasa has ordered that the chairperson and all members of the Kunene Regional Council be personally held accountable for financial losses suffered by the government due to their “deliberate disregard” of ministerial directives that disapproved the appointment of George Kamseb as Chief Regional Officer (CRO).
On 30 October, the High Court declared invalid a 2021 resolution by the Hardap Regional Council concerning the appointment of a CRO. The case, brought by Sankwasa as the applicant, named Kamseb as the first respondent and chairperson of the Kunene Regional Council management committee, with all 14 regional councils and the Attorney General as respondents.
The court set aside the council’s 31 May 2021 resolution, ordering the re-advertisement of the CRO position within 30 days, in line with the Regional Councils Act of 1992. It further directed the third respondent to pay Sankwasa’s legal costs, including both instructing and instructed counsel, before finalising and striking the matter from the roll.
In a letter dated 6 November, addressed to the Kunene Regional Council chairperson Western Muharukua, Sankwasa reminded council members that they had ignored a ministerial disapproval of Kamseb’s appointment issued under section 23(1) of the Regional Councils Act 22 of 1992. The Act requires that the appointment of a CRO must be done in consultation with the minister, who has oversight under Articles 40 and 41 of the Constitution.
Despite ministerial directives since May 2021 to rescind the unlawful appointment, the Kunene Regional Council reportedly continued paying Kamseb on subsistence and travel allowances, even though he never performed duties outside Opuwo, the regional capital. Sankwasa stressed that such payments amounted to unauthorised expenditure under the State Finance Act 31 of 1991, which defines it as any expenditure “made contrary to the provisions of any law.”
He warned that under section 11 of the same Act, any loss caused to the State must be recovered from those responsible. “The attached High Court order clearly states that the resolution taken by the Kunene Regional Council on 31 May 2021 is declared invalid and set aside in its entirety,” Sankwasa wrote.
“As a result of your failure to carry out your duties as chairperson and the entire Regional Council, Mr Kamseb has knowingly been unjustly enriched,” he stated, invoking section 11 to demand repayment.
Sankwasa made it clear that the chairperson and all members of the Kunene Regional Council would be held personally accountable for the financial loss caused to the State through their deliberate disregard of a lawful directive.
He emphasised that even if the current councillors do not return to office after the 26 November Regional and Local Authority elections, the money will still be recovered from them through any means available to the government.
The minister further instructed the Executive Director of the Ministry to work closely with the Director or Deputy Director responsible for financial management of the regional councils to calculate the actual amounts incurred by the council from 31 May 2021 and to present the findings to all affected councillors for refund.
Sankwasa also ordered that the Kunene Regional Council must appoint an Acting Chief Regional Officer by 1 November.
Kamseb and Muharukua could not immediately be reached for comment at the time of the publication.
In 2022, then-Urban and rural development minister Erastus Uutoni demanded that the reappointment of Kunene regional council chief regional officer (CRO) George Kamseb be declared invalid.
In October 2021, the minister filed a Windhoek High Court case against Kamseb, the council and the chairman of its management committee, Hendrik Gaobaeb.
He demanded that a decision taken on 31 May 2021 to reappoint Kamseb as CRO be declared invalid and no longer have effect. He further requested a court order obliging the respondents to advertise the position again.
Kamseb was appointed in October 2008 as the Kunene regional council’s CRO for a period of five years. His contract was then extended for another five years until September 2018.
According to the minister's affidavit, on 18 October 2016, Kamseb was suspended for two years with full pay and his suspension lasted until after his contract expired. "The reasons for his suspension were, among other things, because he took unauthorised trips, took leave without the necessary approval from the chairman of the management committee and he apparently extended expired annual tenders without the approval of the regional council.”
After his suspension, Kamseb reported the matter to the labour commissioner, but the arbitrator dismissed it on 12 April 2021 due to non-compliance with court rules. He then submitted an application for the withdrawal of the dismissal of his claim, but this was also dismissed.
The management committee appointed Kamseb again on 31 May 2021 for two years. This was allegedly based on the condition that he waive all monetary claims against the regional council.
"On 14 June, I [Uutoni] responded to the chairman of the Kunene regional council management committee's letter that council's decision to re-employ Kamseb is unlawful and not in accordance with procedure in that it violates various provisions of the law as well as contravenes the provisions of the Public Service Act.
"I further ordered that such a decision be terminated with immediate effect as my approval was not given as required by law and the regulations," Uutoni said at the time.
Kamseb has indicated that he will oppose the case, while Gaobaeb and the council intend to apply for the main application to be set aside.
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On 30 October, the High Court declared invalid a 2021 resolution by the Hardap Regional Council concerning the appointment of a CRO. The case, brought by Sankwasa as the applicant, named Kamseb as the first respondent and chairperson of the Kunene Regional Council management committee, with all 14 regional councils and the Attorney General as respondents.
The court set aside the council’s 31 May 2021 resolution, ordering the re-advertisement of the CRO position within 30 days, in line with the Regional Councils Act of 1992. It further directed the third respondent to pay Sankwasa’s legal costs, including both instructing and instructed counsel, before finalising and striking the matter from the roll.
In a letter dated 6 November, addressed to the Kunene Regional Council chairperson Western Muharukua, Sankwasa reminded council members that they had ignored a ministerial disapproval of Kamseb’s appointment issued under section 23(1) of the Regional Councils Act 22 of 1992. The Act requires that the appointment of a CRO must be done in consultation with the minister, who has oversight under Articles 40 and 41 of the Constitution.
Despite ministerial directives since May 2021 to rescind the unlawful appointment, the Kunene Regional Council reportedly continued paying Kamseb on subsistence and travel allowances, even though he never performed duties outside Opuwo, the regional capital. Sankwasa stressed that such payments amounted to unauthorised expenditure under the State Finance Act 31 of 1991, which defines it as any expenditure “made contrary to the provisions of any law.”
He warned that under section 11 of the same Act, any loss caused to the State must be recovered from those responsible. “The attached High Court order clearly states that the resolution taken by the Kunene Regional Council on 31 May 2021 is declared invalid and set aside in its entirety,” Sankwasa wrote.
“As a result of your failure to carry out your duties as chairperson and the entire Regional Council, Mr Kamseb has knowingly been unjustly enriched,” he stated, invoking section 11 to demand repayment.
Sankwasa made it clear that the chairperson and all members of the Kunene Regional Council would be held personally accountable for the financial loss caused to the State through their deliberate disregard of a lawful directive.
He emphasised that even if the current councillors do not return to office after the 26 November Regional and Local Authority elections, the money will still be recovered from them through any means available to the government.
The minister further instructed the Executive Director of the Ministry to work closely with the Director or Deputy Director responsible for financial management of the regional councils to calculate the actual amounts incurred by the council from 31 May 2021 and to present the findings to all affected councillors for refund.
Sankwasa also ordered that the Kunene Regional Council must appoint an Acting Chief Regional Officer by 1 November.
Kamseb and Muharukua could not immediately be reached for comment at the time of the publication.
In 2022, then-Urban and rural development minister Erastus Uutoni demanded that the reappointment of Kunene regional council chief regional officer (CRO) George Kamseb be declared invalid.
In October 2021, the minister filed a Windhoek High Court case against Kamseb, the council and the chairman of its management committee, Hendrik Gaobaeb.
He demanded that a decision taken on 31 May 2021 to reappoint Kamseb as CRO be declared invalid and no longer have effect. He further requested a court order obliging the respondents to advertise the position again.
Kamseb was appointed in October 2008 as the Kunene regional council’s CRO for a period of five years. His contract was then extended for another five years until September 2018.
According to the minister's affidavit, on 18 October 2016, Kamseb was suspended for two years with full pay and his suspension lasted until after his contract expired. "The reasons for his suspension were, among other things, because he took unauthorised trips, took leave without the necessary approval from the chairman of the management committee and he apparently extended expired annual tenders without the approval of the regional council.”
After his suspension, Kamseb reported the matter to the labour commissioner, but the arbitrator dismissed it on 12 April 2021 due to non-compliance with court rules. He then submitted an application for the withdrawal of the dismissal of his claim, but this was also dismissed.
The management committee appointed Kamseb again on 31 May 2021 for two years. This was allegedly based on the condition that he waive all monetary claims against the regional council.
"On 14 June, I [Uutoni] responded to the chairman of the Kunene regional council management committee's letter that council's decision to re-employ Kamseb is unlawful and not in accordance with procedure in that it violates various provisions of the law as well as contravenes the provisions of the Public Service Act.
"I further ordered that such a decision be terminated with immediate effect as my approval was not given as required by law and the regulations," Uutoni said at the time.
Kamseb has indicated that he will oppose the case, while Gaobaeb and the council intend to apply for the main application to be set aside.
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