Councillors ordered to repay state for illegal CRO appointment
Sankwasa holds Kunene council personally liable
Urban and rural development minister Sankwasa James Sankwasa has ordered that the chairperson and all members of the Kunene Regional Council be held personally liable for financial losses suffered by the state due to their "deliberate disregard" of a ministerial directive rejecting the appointment of George Kamseb as chief regional officer (CRO).
On 30 October, the High Court declared invalid a 2021 resolution by the Kunene Regional Council that purported to reappoint Kamseb as CRO.
The case, filed by Sankwasa, cited Kamseb as first respondent and the chairperson of the council’s management committee – Western Muharukua - as second respondent, while the Kunene Regional Council is listed as the third respondent.
The court set aside council’s 31 May 2021 resolution and ordered the position to be re-advertised within 30 days, in line with the Regional Councils Act of 1992.
It further directed the third respondent to cover Sankwasa’s legal costs, including both instructing and instructed counsel, before the matter was struck from the roll.
Minister cites unlawful expenditure
In a letter dated 6 November to Muharukua, Sankwasa stressed that the council ignored a ministerial directive issued under section 23(1) of the Regional Councils Act, which requires the appointment of a CRO to be done in consultation with the minister, in line with Articles 40 and 41 of the Constitution.
Despite repeated directives since May 2021 to rescind the appointment, the council reportedly continued paying Kamseb subsistence and travel allowances, even though he allegedly did not perform duties outside Opuwo, the regional capital.
Sankwasa said the payments amounted to unauthorised expenditure under the State Finance Act of 1991, which defines such expenditure as payments made contrary to law.
He warned that section 11 of the same Act mandates recovery of financial losses from responsible individuals.
“The attached High Court order clearly states that the resolution taken by the Kunene Regional Council on 31 May 2021 is declared invalid and set aside in its entirety,” he wrote.
“As a result of your failure to carry out your duties as chairperson and the entire regional council, Mr Kamseb has knowingly been unjustly enriched,” he pointed out.
Funds to be claimed after elections
Sankwasa said the chairperson and all council members would be held personally accountable for losses incurred as a result of their alleged disregard of a lawful directive.
He emphasised that even if current councillors do not return to office after the 26 November regional and local authority elections, government will still seek to reclaim the money from them.
He further instructed the ministry’s executive director to work with the relevant financial managers to calculate the total expenditure incurred from 31 May 2021 and present the findings to affected councillors for repayment.
The minister also directed the regional council to appoint an acting CRO by 1 November. It could not be confirmed whether this directive was implemented, with both Kamseb and Muharukua unavailable for comment.
Background to the dispute
In 2022, then-urban and rural development minister Erastus Uutoni similarly demanded that the reappointment of Kamseb be declared invalid. In October 2021, Uutoni filed a High Court application against Kamseb, the council and then-management committee chairperson Hendrik Gaobaeb, seeking to invalidate the 31 May 2021 reappointment and compel the re-advertisement of the post.
Kamseb was first appointed in October 2008 for a five-year term, later extended to 2018. He was suspended in October 2016 for two years with full pay over allegations including unauthorised travel, taking leave without approval and extending expired tenders without council authorisation.
He later approached the labour commissioner, but his case was dismissed for non-compliance with court rules. A subsequent application to rescind the dismissal also failed.
The management committee reappointed Kamseb on 31 May 2021 for two years, allegedly on condition that he waive monetary claims against the council.
Uutoni, in correspondence at the time, said the reappointment was unlawful as it violated provisions of the Regional Councils Act and Public Service Act, adding that approval had not been granted as required by law.
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On 30 October, the High Court declared invalid a 2021 resolution by the Kunene Regional Council that purported to reappoint Kamseb as CRO.
The case, filed by Sankwasa, cited Kamseb as first respondent and the chairperson of the council’s management committee – Western Muharukua - as second respondent, while the Kunene Regional Council is listed as the third respondent.
The court set aside council’s 31 May 2021 resolution and ordered the position to be re-advertised within 30 days, in line with the Regional Councils Act of 1992.
It further directed the third respondent to cover Sankwasa’s legal costs, including both instructing and instructed counsel, before the matter was struck from the roll.
Minister cites unlawful expenditure
In a letter dated 6 November to Muharukua, Sankwasa stressed that the council ignored a ministerial directive issued under section 23(1) of the Regional Councils Act, which requires the appointment of a CRO to be done in consultation with the minister, in line with Articles 40 and 41 of the Constitution.
Despite repeated directives since May 2021 to rescind the appointment, the council reportedly continued paying Kamseb subsistence and travel allowances, even though he allegedly did not perform duties outside Opuwo, the regional capital.
Sankwasa said the payments amounted to unauthorised expenditure under the State Finance Act of 1991, which defines such expenditure as payments made contrary to law.
He warned that section 11 of the same Act mandates recovery of financial losses from responsible individuals.
“The attached High Court order clearly states that the resolution taken by the Kunene Regional Council on 31 May 2021 is declared invalid and set aside in its entirety,” he wrote.
“As a result of your failure to carry out your duties as chairperson and the entire regional council, Mr Kamseb has knowingly been unjustly enriched,” he pointed out.
Funds to be claimed after elections
Sankwasa said the chairperson and all council members would be held personally accountable for losses incurred as a result of their alleged disregard of a lawful directive.
He emphasised that even if current councillors do not return to office after the 26 November regional and local authority elections, government will still seek to reclaim the money from them.
He further instructed the ministry’s executive director to work with the relevant financial managers to calculate the total expenditure incurred from 31 May 2021 and present the findings to affected councillors for repayment.
The minister also directed the regional council to appoint an acting CRO by 1 November. It could not be confirmed whether this directive was implemented, with both Kamseb and Muharukua unavailable for comment.
Background to the dispute
In 2022, then-urban and rural development minister Erastus Uutoni similarly demanded that the reappointment of Kamseb be declared invalid. In October 2021, Uutoni filed a High Court application against Kamseb, the council and then-management committee chairperson Hendrik Gaobaeb, seeking to invalidate the 31 May 2021 reappointment and compel the re-advertisement of the post.
Kamseb was first appointed in October 2008 for a five-year term, later extended to 2018. He was suspended in October 2016 for two years with full pay over allegations including unauthorised travel, taking leave without approval and extending expired tenders without council authorisation.
He later approached the labour commissioner, but his case was dismissed for non-compliance with court rules. A subsequent application to rescind the dismissal also failed.
The management committee reappointed Kamseb on 31 May 2021 for two years, allegedly on condition that he waive monetary claims against the council.
Uutoni, in correspondence at the time, said the reappointment was unlawful as it violated provisions of the Regional Councils Act and Public Service Act, adding that approval had not been granted as required by law.
- [email protected]
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