IPC defies court order to settle City’s legal bill
The Independent Patriots for Change (IPC) is refusing to pay the City of Windhoek more than N$214 000 in legal costs after losing a 2022 court challenge to halt a council vote of no confidence against its councillors, who at the time dominated the management committee.
The City, represented by lawyer Sisa Namandje, has repeatedly demanded payment from the opposition party, but without success.
Namibian Sun has confirmed that the municipality has already settled Namandje’s bill, totalling N$214 220, and continues to seek reimbursement from IPC.
On 22 August 2022, four IPC councillors – current mayor Ndeshihafela Larandja, along with Jürgen Hecht, Ottilie Uukule and Bernardus Araeb – filed an urgent High Court application to interdict a scheduled council meeting. On the agenda was a motion of no confidence in the IPC-dominated management committee.
The councillors argued that the motion had been improperly added to the agenda without the required 72-hour notice under the Local Authorities Act and that it was excessively vague, denying them the opportunity to prepare an adequate response. They also contended that the motion was intended to disrupt the management committee’s work, which at the time included appointing a substantive chief executive officer and addressing significant financial concerns.
Judge Boas Usiku dismissed the application on the same day, ruling that the councillors had failed to meet the requirements for an interim interdict. He found no evidence of irreparable harm and cautioned against courts interfering in municipal affairs except in the “clearest of cases”.
With the application dismissed, the council meeting went ahead as planned and the motion of no confidence was carried, effectively removing the IPC-controlled management committee. A new committee, chaired by Ilse Keister of the Affirmative Repositioning movement, was elected the following day.
Legal costs
Following the ruling, the councillors were ordered to pay the City’s legal costs, jointly and severally with its chief executive officer.
A taxation hearing before taxation master Michelle Jagger on 19 January 2023 confirmed the final bill at N$214 220, covering legal fees, disbursements, VAT and related charges.
The councillors were instructed to settle by 30 January 2023, with execution against movable property to follow if they failed.
Despite this, IPC maintains that the City should bear the costs.
Larandja told Namibian Sun: “Like any other council members who lost cases against the council, it is common that the council continues paying the cost. This is the council’s decision on whether to request councillors to pay or not. But not to be pushed by a confused individual who wants to settle her score.”
She added: “It will be very interesting to see Namibian Sun reporting on common issues of legal payments on cases involving an employee and employer. Even yourself can be sued for misleading information during the course of your duty and, as a result, will be covered by your employer.”
The City, represented by lawyer Sisa Namandje, has repeatedly demanded payment from the opposition party, but without success.
Namibian Sun has confirmed that the municipality has already settled Namandje’s bill, totalling N$214 220, and continues to seek reimbursement from IPC.
On 22 August 2022, four IPC councillors – current mayor Ndeshihafela Larandja, along with Jürgen Hecht, Ottilie Uukule and Bernardus Araeb – filed an urgent High Court application to interdict a scheduled council meeting. On the agenda was a motion of no confidence in the IPC-dominated management committee.
The councillors argued that the motion had been improperly added to the agenda without the required 72-hour notice under the Local Authorities Act and that it was excessively vague, denying them the opportunity to prepare an adequate response. They also contended that the motion was intended to disrupt the management committee’s work, which at the time included appointing a substantive chief executive officer and addressing significant financial concerns.
Judge Boas Usiku dismissed the application on the same day, ruling that the councillors had failed to meet the requirements for an interim interdict. He found no evidence of irreparable harm and cautioned against courts interfering in municipal affairs except in the “clearest of cases”.
With the application dismissed, the council meeting went ahead as planned and the motion of no confidence was carried, effectively removing the IPC-controlled management committee. A new committee, chaired by Ilse Keister of the Affirmative Repositioning movement, was elected the following day.
Legal costs
Following the ruling, the councillors were ordered to pay the City’s legal costs, jointly and severally with its chief executive officer.
A taxation hearing before taxation master Michelle Jagger on 19 January 2023 confirmed the final bill at N$214 220, covering legal fees, disbursements, VAT and related charges.
The councillors were instructed to settle by 30 January 2023, with execution against movable property to follow if they failed.
Despite this, IPC maintains that the City should bear the costs.
Larandja told Namibian Sun: “Like any other council members who lost cases against the council, it is common that the council continues paying the cost. This is the council’s decision on whether to request councillors to pay or not. But not to be pushed by a confused individual who wants to settle her score.”
She added: “It will be very interesting to see Namibian Sun reporting on common issues of legal payments on cases involving an employee and employer. Even yourself can be sued for misleading information during the course of your duty and, as a result, will be covered by your employer.”
Comments
Namibian Sun
No comments have been left on this article