NYC director says RC chairperson has no authority
• ‘You will not dictate and or give any instruction to me’
Calista Schwartz-Gowases has warned that Willem Kotokeni's alleged attempt to "twist administrative directives into political bullying" is baseless and collapses under legal scrutiny.
Nikanor Nangolo
Windhoek
The National Youth Council’s (NYC) director Calista Schwartz-Gowases has hit back at the chairperson of the NYC representative council, Kotokeni Willem Kotokeni, saying he does not have the authority to revoke her administrative decisions or instructions.
The warning follows Kotokeni’s rejection of Schwartz-Gowases’ attempt to assume executive functions following the end of the interim board’s tenure on 19 August.
In an internal memo dated 28 August, Schwartz-Gowases cited the National Youth Council Act, stating 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” and called for full cooperation from the management committee.
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.
On the same day, Kotokeni 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.
Do not ‘dictate’
In response, Schwartz-Gowases said Kotokeni clearly does not have any role to play in the administration and management of the council and admonished him to observe his role as representative council chairperson.
“Therefore, you will not dictate and or give any instruction to me on how the affairs of the council will be administered or managed. All in all, your mandate and responsibilities as RC chairperson are limited to as and when RC is in session; therefore, take note that you do not have authority to revoke my administrative decisions and or instructions,” she wrote in a letter dated 3 September, seen by Namibian Sun.
“As clearly stipulated in my internal memo, pursuant to Section 35 (2)(b) and Section 35 (3)(a)(b), the director is the head of administration, chief accounting officer of the council, responsible for the day-to-day functions and affairs of the council, supervise and control the activities of employees of the council in the course of their employment,” she added.
Legal arguments
Schwartz-Gowases noted that her internal memo does not reference Sections 12, 13, and 27, which govern the powers and functions of the executive chairperson and the board of directors.
“You have thus clearly misinterpreted the content of my internal memo. The subject heading of the internal memo clearly states administration of the executive chairperson’s office,” she wrote.
“In fact, for your better understanding, administrative functions, forcibly and unlawfully removed from the director, are not referenced. There is no reference to political or governance matters; therefore, your attempt to twist administrative directives into political bullying is baseless and collapses under even the faintest legal scrutiny,” she argued.
“The powers and functions of the representative council chairperson are clearly outlined under Section 11(2)(d), which is limited to convening and presiding over meetings of the representative council when in session. The internal memo issued to staff of the Council on 28 August 2025 will remain in force,” she noted.
Misguided
She also added that “customarily, for your information, all decisions taken are applied within the confinement of the law and relevant legislative framework governing the affairs of the council.”
She further cautioned Kotokeni to refrain from any unlawful interference or misleading the public. “Persisting in this misguided power grab will only serve to expose your profound misunderstanding of your role and your mandate as RC chairperson,” she warned.
Kotokeni told Namibian Sun on Wednesday that he would not respond to Schwartz-Gowases’ letter.
“If you read the letter and the memo, my response is exactly what is supposed to happen. Therefore, I will not respond further on that matter. It is now up to the ministry to take up its task. However, there is a serious vacuum in the governance of the institution,” he said.
[email protected]
Windhoek
The National Youth Council’s (NYC) director Calista Schwartz-Gowases has hit back at the chairperson of the NYC representative council, Kotokeni Willem Kotokeni, saying he does not have the authority to revoke her administrative decisions or instructions.
The warning follows Kotokeni’s rejection of Schwartz-Gowases’ attempt to assume executive functions following the end of the interim board’s tenure on 19 August.
In an internal memo dated 28 August, Schwartz-Gowases cited the National Youth Council Act, stating 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” and called for full cooperation from the management committee.
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.
On the same day, Kotokeni 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.
Do not ‘dictate’
In response, Schwartz-Gowases said Kotokeni clearly does not have any role to play in the administration and management of the council and admonished him to observe his role as representative council chairperson.
“Therefore, you will not dictate and or give any instruction to me on how the affairs of the council will be administered or managed. All in all, your mandate and responsibilities as RC chairperson are limited to as and when RC is in session; therefore, take note that you do not have authority to revoke my administrative decisions and or instructions,” she wrote in a letter dated 3 September, seen by Namibian Sun.
“As clearly stipulated in my internal memo, pursuant to Section 35 (2)(b) and Section 35 (3)(a)(b), the director is the head of administration, chief accounting officer of the council, responsible for the day-to-day functions and affairs of the council, supervise and control the activities of employees of the council in the course of their employment,” she added.
Legal arguments
Schwartz-Gowases noted that her internal memo does not reference Sections 12, 13, and 27, which govern the powers and functions of the executive chairperson and the board of directors.
“You have thus clearly misinterpreted the content of my internal memo. The subject heading of the internal memo clearly states administration of the executive chairperson’s office,” she wrote.
“In fact, for your better understanding, administrative functions, forcibly and unlawfully removed from the director, are not referenced. There is no reference to political or governance matters; therefore, your attempt to twist administrative directives into political bullying is baseless and collapses under even the faintest legal scrutiny,” she argued.
“The powers and functions of the representative council chairperson are clearly outlined under Section 11(2)(d), which is limited to convening and presiding over meetings of the representative council when in session. The internal memo issued to staff of the Council on 28 August 2025 will remain in force,” she noted.
Misguided
She also added that “customarily, for your information, all decisions taken are applied within the confinement of the law and relevant legislative framework governing the affairs of the council.”
She further cautioned Kotokeni to refrain from any unlawful interference or misleading the public. “Persisting in this misguided power grab will only serve to expose your profound misunderstanding of your role and your mandate as RC chairperson,” she warned.
Kotokeni told Namibian Sun on Wednesday that he would not respond to Schwartz-Gowases’ letter.
“If you read the letter and the memo, my response is exactly what is supposed to happen. Therefore, I will not respond further on that matter. It is now up to the ministry to take up its task. However, there is a serious vacuum in the governance of the institution,” he said.
[email protected]
Comments
Namibian Sun
No comments have been left on this article