Former Divundu CEO demands five-year reinstatement

Former Divundu Village Council chief executive Athanasius Ndjamba Maghumbo is demanding reinstatement for another five years, arguing that the council's alleged failure to notify him three months before his contract expired automatically entitles him to a renewed term.Maghumbo's contract expired on 31 July 2026, despite the council having resolved in April to extend his tenure until 2031.Urban and rural development minister James Sankwasa subsequently rejected the proposed renewal, citing concerns about financial reporting and Maghumbo's performance.In a letter of demand dated 23 October, Maghumbo's lawyer, Bernhard Tjatjara, argues that clauses 6.2 and 6.3 of his employment contract and section 27(3)(b)(i) of the Local Authorities Act require three months' notice of whether his contract would be renewed.“By virtue of clauses 6.2 and 6.3 of our client's contract of employment, the village Council as his employer was obliged to notify him three (3) months prior to Tjatjara alleges that Maghumbo received no formal notification before his contract expired or during August, when he continued serving in an acting capacity. According to the letter, Maghumbo only learnt through the media on 14 September that his contract would not be renewed.The lawyer cites the 2024 case of Mbango v Omuthiya Town Council and Others, arguing that the court ordered a CEO's reinstatement for another five years with retrospective payment following a failure to provide legally compliant notice.He is demanding Maghumbo's reinstatement from 1 August 2026 until 31 July 2031, including remuneration and benefits, and has given the council seven working days to comply before referring the dispute to the Office of the Labour Commissioner.Council disputes allegationsCouncil chairperson Wensel Kana rejected the allegation that Maghumbo had not been notified, maintaining that the council adopted a resolution and communicated its decision.“Council did not fail in any way not to notify him, we did what is required by council by taking a resolution and we did that and notified him, for now, that is all I can say,” Kana said.He also criticised the disclosure of the demand letter before it reached the council.“I’ll just say it’s unprofessional, how the letter was revealed. It did not yet reach our office,” he said.The dispute follows the council's unsuccessful attempt to secure ministerial approval for Maghumbo's renewal.After Sankwasa rejected the extension and directed the council to advertise the position, its management committee recommended appealing, arguing that financial reporting shortcomings were institutional rather than solely Maghumbo's responsibility.The committee maintained that annual budgets had been submitted, although it acknowledged delays in financial statements and audits, which it attributed to staffing shortages, vacancies and technical constraints.Sankwasa previously told Namibian Sun that his decision was final.

Former Divundu CEO demands five-year reinstatement

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Namibian Sun 2026-10-26

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Former Divundu CEO demands five-year reinstatement

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Namibian Sun 2026-10-26

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