APP to pay recalled councillor N$200k
07 July 2021 | Politics
The Windhoek High Court has ordered the All People’s Party (APP) to pay its former Grootfontein local councillor, Stanislaus Uiseb, whom they recalled in 2017, over N$200 000.
Judge Hannelie Prinsloo ordered the APP to pay Uiseb N$202 790 for the financial damages he suffered after he was recalled as a councillor.
The respondents in the matter were the party, its secretary-general Vincent Kanyetu, the Grootfontein municipality and the Electoral Commission of Namibia
Uiseb, who became a member of APP on 18 April 2014, was nominated as town councillor in December 2015.
He served until February 2017, when he was recalled by the party.
Uiseb testified that he applied for legal aid from the Legal Aid Directorate and had to wait for the outcome of the matter at the labour commissioner, which was received on 13 September 2019.
He then approached the Legal Aid Directorate again and was accorded legal representation that allowed him to initiate his claim against APP at the High Court in January 2020.
According to Uiseb, who received a monthly allowance of N$5 292.30 from the council and earned a monthly commission for writing insurance policies, he suffered financial damages of up to N$280 491.50, but the claim was reduced to N$202 790.43.
APP president Ignatius Shixwameni and Kanyetu both testified that Uiseb was recalled because of misconduct, which included missing meetings and being drunk in public.
The party leaders also testified that a number of meetings were planned to address these issues with Uiseb, but did not materialise.
They argued it was on that basis they decided to write to the local authority indicating the recall of their member.
Judge Prinsloo pointed out in her judgment that the APP constitution and code of conduct are silent on the procedures an aggrieved member should follow.
She also argued that the party did not act in accordance with the principles of natural justice when the management committee expected from the plaintiff to deduce from the vague letters what was to happen to him if he failed to attend the consultative meeting.
When contacted for comment, Kanyetu said they would study the judgement and based on the advice of their lawyer, the party may appeal against the order.