Stand-off over delayed swearing-in of Gobabis councillors
Elizabeth KheibesWindhoek
A stand-off has emerged over the swearing-in of councillors from the A Right to Shelter Foundation of Namibia (A-RTS-N) in Gobabis, with the association accusing the Ministry of Urban and Regional Development and the local authority of deliberately delaying the process and denying it representation on the town council.A-RTS-N secretary Wynand Lukas said the association complied with all legal and administrative requirements following the 26 November 2025 local authority elections, in which it secured three seats. To date, only one councillor has been sworn in, while two remain excluded as the council prepares to commence induction on 18 January 2026.
Lukas said the association initially requested a postponement of the swearing-in in December to resolve internal organisational matters, but stressed that this did not waive its constitutional or statutory rights.
“Despite all issues being resolved and our councillors ready to assume office, there appears to be a coordinated effort to prevent the swearing-in,” he said, describing the situation as “bullying” against the association.
Minister’s role disputed
The Gobabis Municipality, through chief executive officer Sophia Eises, informed A-RTS-N that the matter had been referred to Minister James Sankwasa for “further review and appropriate action,” citing ministerial authority over councillor swearing-ins.
The association strongly rejected this. In a formal response copied to the ECN and Gobabis magistrate, A-RTS-N said the Local Authorities Act, 23 of 1992, does not give the minister discretion to delay the swearing-in of duly elected councillors once results are final.
The association cites Section 9 of the Act, which provides that councillors hold office from the date of election, subject to taking the oath. It argues any delay infringes on voters’ constitutional rights under Article 17, which guarantees participation in governance.
“This denial prevents us from participating in council business and undermines the democratic choices of residents,” Lukas said.
Withdrawal of sworn-in councillor
The situation is further complicated by the suspension and withdrawal of councillor Dina Fillemon, already sworn in. A-RTS-N suspended her from duty on 7 January pending disciplinary proceedings and formally withdrew her as its representative under Section 13(1)(g), intending to nominate another member.
The ECN has cautioned that candidate lists are final once polling occurs. In a letter dated 12 December 2025, Acting Chief Electoral Officer Advocate Heidi Jacobs noted amendments are only permitted before election day, and the ECN’s mandate ends with result announcements.
Despite this, A-RTS-N maintains that swearing-in falls under the municipality and magistrate, not the minister. Lukas said the councillors will present themselves when council business resumes and await the oath.
A stand-off has emerged over the swearing-in of councillors from the A Right to Shelter Foundation of Namibia (A-RTS-N) in Gobabis, with the association accusing the Ministry of Urban and Regional Development and the local authority of deliberately delaying the process and denying it representation on the town council.A-RTS-N secretary Wynand Lukas said the association complied with all legal and administrative requirements following the 26 November 2025 local authority elections, in which it secured three seats. To date, only one councillor has been sworn in, while two remain excluded as the council prepares to commence induction on 18 January 2026.
Lukas said the association initially requested a postponement of the swearing-in in December to resolve internal organisational matters, but stressed that this did not waive its constitutional or statutory rights.
“Despite all issues being resolved and our councillors ready to assume office, there appears to be a coordinated effort to prevent the swearing-in,” he said, describing the situation as “bullying” against the association.
Minister’s role disputed
The Gobabis Municipality, through chief executive officer Sophia Eises, informed A-RTS-N that the matter had been referred to Minister James Sankwasa for “further review and appropriate action,” citing ministerial authority over councillor swearing-ins.
The association strongly rejected this. In a formal response copied to the ECN and Gobabis magistrate, A-RTS-N said the Local Authorities Act, 23 of 1992, does not give the minister discretion to delay the swearing-in of duly elected councillors once results are final.
The association cites Section 9 of the Act, which provides that councillors hold office from the date of election, subject to taking the oath. It argues any delay infringes on voters’ constitutional rights under Article 17, which guarantees participation in governance.
“This denial prevents us from participating in council business and undermines the democratic choices of residents,” Lukas said.
Withdrawal of sworn-in councillor
The situation is further complicated by the suspension and withdrawal of councillor Dina Fillemon, already sworn in. A-RTS-N suspended her from duty on 7 January pending disciplinary proceedings and formally withdrew her as its representative under Section 13(1)(g), intending to nominate another member.
The ECN has cautioned that candidate lists are final once polling occurs. In a letter dated 12 December 2025, Acting Chief Electoral Officer Advocate Heidi Jacobs noted amendments are only permitted before election day, and the ECN’s mandate ends with result announcements.
Despite this, A-RTS-N maintains that swearing-in falls under the municipality and magistrate, not the minister. Lukas said the councillors will present themselves when council business resumes and await the oath.
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