NHE defies Sankwasa on Titus verdict appeal

The National Housing Enterprise (NHE) has proceeded with a Supreme Court appeal against a Labour Court ruling that reinstated former executive Willem George Titus and awarded him N$3.7 million in backpay, despite public opposition from rural and urban development minister James Sankwasa.

Documents seen by Namibian Sun show that a notice of appeal has already been filed with the Supreme Court and that legal practitioners acting on behalf of NHE have begun billing the state-owned enterprise for work related to the appeal.

The development comes a week after Sankwasa publicly warned against spending taxpayer money on further litigation, describing a potential appeal as a wasteful use of public funds.

“We confirm that a notice of appeal to the Supreme Court has been duly filed in respect of the above matter,” lawyers from Andreas-Hamunyela Legal Practitioners wrote to NHE's legal services department on 10 June.

The letter relates to the case between NHE and former sales and lending executive Willem George Titus, whose dismissal was set aside by the Labour Court last month.

The law firm further advised NHE that it had already initiated steps required under Supreme Court rules, including engagement with Titus' legal representatives regarding the appeal record and security for costs.

Costs already mounting

An accompanying invoice issued to NHE on 9 June, seen by this publication, shows the housing enterprise was billed for a range of appeal-related legal services.

The invoice details consultations following the judgment, consideration of the ruling delivered by acting judge James Devittie on 27 May, preparation of appeal documents, drafting of a special power of attorney, engagement with counsel, and the filing of the notice of appeal.

The legal bill reflects disbursements relating to the appeal, including counsel's fees and administrative costs.

The documents indicate that legal work on the appeal commenced almost immediately after the Labour Court judgment was handed down.

The revelation raises questions about whether NHE proceeded with the appeal despite the minister's publicly stated opposition to further litigation in the matter.

Last week, Sankwasa told Namibian Sun the NHE was not in a financial position to pursue an appeal and warned against committing taxpayer funds to a case that has already generated years of legal costs.

“If the board, or anyone at NHE, wants to do an appeal, they must do it from their own pockets. Not taxpayers' money,” he said.

“You see, when you appeal, there is no guarantee you will win the case – but legal fees will always be paid.”

Sankwasa also said he had requested a report detailing how much government had already spent on legal costs associated with the matter since Titus' suspension in 2019.

This week Sankwasa declined to comment.

“I cannot comment on why they did it. Please ask them why they did it, and defying my instructions against appealing this case (sic),” he said.

Five-year dispute

According to insiders, the parastatal has to date allegedly spent N$8.3 million on Titus’ case.

The dispute stems from disciplinary proceedings instituted against Titus, who joined NHE in August 2001.

He was suspended in September 2019 and dismissed in December 2021 following disciplinary proceedings.

Although he was acquitted on nine charges, he was found guilty on charges of insubordination and gross insolence.

However, acting judge Devittie ruled in May that the dismissal could not stand and ordered that Titus be reinstated within 30 days.

The court further ordered NHE to pay approximately N$3.7 million in backpay.

Should NHE elect not to reinstate him, the judgment provides for compensation amounting to N$8 million.

The ruling represented a significant financial setback for the state-owned housing enterprise, which has faced ongoing financial and operational challenges in recent years.

NHE board chairperson Toska Sem is in China on official duty and could not be reached for comment. Her deputy, Hasting Tjipueja, said he could not comment on the matter.

“I cannot comment on this matter now. These are internal matters," he said.