The Ongwediva councillor who lives in Okakarara
The chairperson of the Ongwediva town council’s management committee, Dr Fabiam George, is employed full-time in Okakarara, prompting questions on how he can effectively fulfil his job at the local authority situated 560 kilometres from his work base.George is employed as head of trainee support at the Okakarara Vocational Training Centre.
This arrangement has come under criticism from some Ongwediva residents who feel that service delivery will be compromised.
Others accused George of contravening Section 13 (1) (h) of the Local Authorities Act by taking on this new role. That provision states that a member of a local authority council must vacate their office if they cease to reside within the local authority area after having been elected.
According to this legal provision, Ongwediva CEO Damian Egumbo must then immediately announce the vacancy in the government gazette, the date on which the vacancy has occurred and the cause of this vacancy - that the member no longer resides or only temporarily resides within the local authority area to which they were elected.
Egumbo yesterday said he needed more time to respond adequately to the conundrum.
Although George was no longer regularly living in Ongwediva by end of 2022 when mid-term elections for local authorities took place, he retained his position as councillor for another 12 months.
‘Not discretionary’
Meanwhile, legal advice dated January 2021 by Attorney-General Festus Mbandeka to urban and rural development minister Erastus Uutoni underscored the Act’s provision, adding that removing a councillor who does not reside within their elected local authority is “absolute” and not “discretionary”.
Mbandeka wrote: “In the event that a member of a local authority ceases to reside or only temporarily resides within the local authority area that such a member was elected to, such a member shall vacate his or her office pursuant to Section 13(1)(h) of the Local Authorities Act...”
He added that the minister, in fact, has recourse to effect the removal of non-resident councillors, and “does not have to wait for a political party” to withdraw its member.
‘I will find balance’
On Monday, George said he would find balance and time to fulfil duties delegated to him in Ongwediva while working full-time in Okakarara. He also denied that he was not an Ongwediva resident due to his recent appointment.
“I reside in Ongwediva and I am a resident of Ongwediva. Work and council duties will be balanced, just the same as any other duties,” he told Namibian Sun.
He added that there should be no concerns regarding the logistics of his travelling as he will cover these costs himself.
However, per law, the ruling party Swapo - on whose ticket George was elected - is obliged to nominate a member from its Ongwediva election list to replace the Okakarara-based councillor. Swapo regional coordinator Werner Iita was not reachable for comment.
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This arrangement has come under criticism from some Ongwediva residents who feel that service delivery will be compromised.
Others accused George of contravening Section 13 (1) (h) of the Local Authorities Act by taking on this new role. That provision states that a member of a local authority council must vacate their office if they cease to reside within the local authority area after having been elected.
According to this legal provision, Ongwediva CEO Damian Egumbo must then immediately announce the vacancy in the government gazette, the date on which the vacancy has occurred and the cause of this vacancy - that the member no longer resides or only temporarily resides within the local authority area to which they were elected.
Egumbo yesterday said he needed more time to respond adequately to the conundrum.
Although George was no longer regularly living in Ongwediva by end of 2022 when mid-term elections for local authorities took place, he retained his position as councillor for another 12 months.
‘Not discretionary’
Meanwhile, legal advice dated January 2021 by Attorney-General Festus Mbandeka to urban and rural development minister Erastus Uutoni underscored the Act’s provision, adding that removing a councillor who does not reside within their elected local authority is “absolute” and not “discretionary”.
Mbandeka wrote: “In the event that a member of a local authority ceases to reside or only temporarily resides within the local authority area that such a member was elected to, such a member shall vacate his or her office pursuant to Section 13(1)(h) of the Local Authorities Act...”
He added that the minister, in fact, has recourse to effect the removal of non-resident councillors, and “does not have to wait for a political party” to withdraw its member.
‘I will find balance’
On Monday, George said he would find balance and time to fulfil duties delegated to him in Ongwediva while working full-time in Okakarara. He also denied that he was not an Ongwediva resident due to his recent appointment.
“I reside in Ongwediva and I am a resident of Ongwediva. Work and council duties will be balanced, just the same as any other duties,” he told Namibian Sun.
He added that there should be no concerns regarding the logistics of his travelling as he will cover these costs himself.
However, per law, the ruling party Swapo - on whose ticket George was elected - is obliged to nominate a member from its Ongwediva election list to replace the Okakarara-based councillor. Swapo regional coordinator Werner Iita was not reachable for comment.
– [email protected]
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