Angula, Nafwu embroiled in court battle
A long-running battle between the Namibia Farmworkers' Union (Nafwu) and its former acting secretary-general, Alfred Angula, over a car, just under N$1.5 million and 50% of the union's shares in Namic-Property, is finally set for trial in the Windhoek High Court.
The union, as well as Rocco Nguvauva and Asser Hendricks, who are cited as the second and third respondents, are being sued by Angula.
In his particulars of claim, Angula told the court he and Nafwu, represented by its interim president Asser Hendricks, concluded a settlement agreement in respect of the claims on 14 June 2015.
The agreement, featuring as an annexure to his documents, states a KIA vehicle with registration number N35459W, purchased on 1 July 2011, will be returned to Angula, along with N$20 000 for “any inconvenience caused as a result of the unjustified deprivation of his motor vehicle”.
The union also agreed to pay N$6 for every kilometre the vehicle has been driven, which works out to a whopping N$772 050.
It also agreed to pay him N$681 221.70, with interest, as an “exit package” and for outstanding salary payments.
Angula further claims 50% of the union's shares in Namic-Property, “as a settlement for the delictual damages suffered by him as a result of the union's defamatory publications”.
In a conditional counterclaim, filed during November 2017, the union told the court the KIA was theirs and that Angula had “unbeknownst to the union”, paid N$650 000 from its account via an electronic transfer into his own account.
However, this claim was replaced by a June 2018 one. In their second, amended counterclaim, the union is only demanding the return of the car and costs.
The matter is complex, to say the least. Angula contends the vehicle was purchased for him by the union and that he paid the deposit himself.
His vehicle allowance monies were then paid directly to the bank for the instalments. He has witnesses he will call to back up his version.
The union will also call its own witnesses.
To be determined at the trial is whether or not the settlement agreement was in fact concluded and whether Hendricks was an authorised representative of the union at the time it was signed. Furthermore, the ownership of the vehicle will be determined in terms of who paid what for the car.
The discussion of Angula's exit package at the union's general congress will also come under the spotlight, as well as whether the union had indeed paid Angula N$650 000 as far back as March 2013. These are the monies discussed in the first conditional counterclaim.
The matter will be heard by Judge Herman Oosthuizen, with Francois Bangamwabo appearing for Angula and Saima Nambinga representing both the union and Nguvauva.
YANNA SMITH
The union, as well as Rocco Nguvauva and Asser Hendricks, who are cited as the second and third respondents, are being sued by Angula.
In his particulars of claim, Angula told the court he and Nafwu, represented by its interim president Asser Hendricks, concluded a settlement agreement in respect of the claims on 14 June 2015.
The agreement, featuring as an annexure to his documents, states a KIA vehicle with registration number N35459W, purchased on 1 July 2011, will be returned to Angula, along with N$20 000 for “any inconvenience caused as a result of the unjustified deprivation of his motor vehicle”.
The union also agreed to pay N$6 for every kilometre the vehicle has been driven, which works out to a whopping N$772 050.
It also agreed to pay him N$681 221.70, with interest, as an “exit package” and for outstanding salary payments.
Angula further claims 50% of the union's shares in Namic-Property, “as a settlement for the delictual damages suffered by him as a result of the union's defamatory publications”.
In a conditional counterclaim, filed during November 2017, the union told the court the KIA was theirs and that Angula had “unbeknownst to the union”, paid N$650 000 from its account via an electronic transfer into his own account.
However, this claim was replaced by a June 2018 one. In their second, amended counterclaim, the union is only demanding the return of the car and costs.
The matter is complex, to say the least. Angula contends the vehicle was purchased for him by the union and that he paid the deposit himself.
His vehicle allowance monies were then paid directly to the bank for the instalments. He has witnesses he will call to back up his version.
The union will also call its own witnesses.
To be determined at the trial is whether or not the settlement agreement was in fact concluded and whether Hendricks was an authorised representative of the union at the time it was signed. Furthermore, the ownership of the vehicle will be determined in terms of who paid what for the car.
The discussion of Angula's exit package at the union's general congress will also come under the spotlight, as well as whether the union had indeed paid Angula N$650 000 as far back as March 2013. These are the monies discussed in the first conditional counterclaim.
The matter will be heard by Judge Herman Oosthuizen, with Francois Bangamwabo appearing for Angula and Saima Nambinga representing both the union and Nguvauva.
YANNA SMITH
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