Helao Nafidi councillor saga returns
The Swapo Party politburo has once again decided to remove Ester Nghidimbwa from the Helao Nafidi town council despite the fact that the High Court had made a ruling on the matter in 2017.
Swapo Party secretary-general Sophia Shaningwa issued a directive dated 8 February to the party's Ohangwena regional coordinator, Hafeni Hatutale, informing him about the politburo's decision to withdraw Nghidimbwa as a councillor of Helao Nafidi with immediate effect. In a letter dated 11 February, Hatutale then informed Helao Nafidi town council CEO Inge Ipinge of the new development. He indicated that the council should make the necessary arrangements to withdraw Nghidimbwa as councillor and replace her with Lusia Nghililewanga. “Notice is hereby given by the Swapo Party for the withdrawal of Ester Nghidimbwa (local authority councillor) which leads Lusia Nghililewanga to take over as local authority councillor of Helao Nafidi town council,” the letter reads.
Nghidimbwa's lawyer, Henry Shimutwikeni, then wrote a letter to Ipinge informing her of a 2017 High Court judgement on the same matter where the court ruled in favour of his client. Shimutwikeni argued that the party's repeated attempt to recall his client was unlawful and demonstrated that it disregarded the court's decision. He urged Ipinge to desist from implementing the decision of the Swapo Party politburo, or else she too would be held accountable when the matter was taken to court. On Friday, Swapo's lawyer, Dirk Conradie, responded to Shimutwikeni stating that the decision to withdraw Nghidimbwa had been agreed on by both parties.
Conradie said Nghidimbwa had been given a number of opportunities to resolve the matter amicably before the politburo directive was issued. “It is quite disconcerting of your client to now allege that our client took the decision in total disregard of the rules of natural justice, after your client, duly represented by her legal representative and in compliance with a notice to show cause issued by our client affording your client the opportunity to make representation on 11 July 2018, presented herself before a panel chaired by the secretary-general of the Swapo Party,” Conradie wrote.
Conradie argued that the 2017 High Court ruling did not prevent the party from taking action against Nghidimbwa. Conradie described Shimutwikeni's reliance on the said judgment as “ill-conceived” and said the politburo's decision to withdraw Nghidimbwa as councillor of Helao Nafidi was lawful.
He added that his client would oppose any legal action taken.
The Helao Nafidi council saga started in 2016 when Nghililewanga complained to the Swapo Party after she was not sworn in as a councillor, but Nghidimbwa, who did not feature on the party's candidate list, was sworn in instead.
In an attempt to rectify the situation at the time, former Swapo Party secretary-general Nangolo Mbumba then issued a directive stating that it had made a mistake by swearing in Nghidimbwa instead of Nghililewanga as councillor after the 2015 local authority elections.
The parties at one point met at the party's Windhoek headquarters to resolve the issue but Nghidimbwa refused to accept her withdrawal. On that basis the matter went to court.
KENYA KAMBOWE
Swapo Party secretary-general Sophia Shaningwa issued a directive dated 8 February to the party's Ohangwena regional coordinator, Hafeni Hatutale, informing him about the politburo's decision to withdraw Nghidimbwa as a councillor of Helao Nafidi with immediate effect. In a letter dated 11 February, Hatutale then informed Helao Nafidi town council CEO Inge Ipinge of the new development. He indicated that the council should make the necessary arrangements to withdraw Nghidimbwa as councillor and replace her with Lusia Nghililewanga. “Notice is hereby given by the Swapo Party for the withdrawal of Ester Nghidimbwa (local authority councillor) which leads Lusia Nghililewanga to take over as local authority councillor of Helao Nafidi town council,” the letter reads.
Nghidimbwa's lawyer, Henry Shimutwikeni, then wrote a letter to Ipinge informing her of a 2017 High Court judgement on the same matter where the court ruled in favour of his client. Shimutwikeni argued that the party's repeated attempt to recall his client was unlawful and demonstrated that it disregarded the court's decision. He urged Ipinge to desist from implementing the decision of the Swapo Party politburo, or else she too would be held accountable when the matter was taken to court. On Friday, Swapo's lawyer, Dirk Conradie, responded to Shimutwikeni stating that the decision to withdraw Nghidimbwa had been agreed on by both parties.
Conradie said Nghidimbwa had been given a number of opportunities to resolve the matter amicably before the politburo directive was issued. “It is quite disconcerting of your client to now allege that our client took the decision in total disregard of the rules of natural justice, after your client, duly represented by her legal representative and in compliance with a notice to show cause issued by our client affording your client the opportunity to make representation on 11 July 2018, presented herself before a panel chaired by the secretary-general of the Swapo Party,” Conradie wrote.
Conradie argued that the 2017 High Court ruling did not prevent the party from taking action against Nghidimbwa. Conradie described Shimutwikeni's reliance on the said judgment as “ill-conceived” and said the politburo's decision to withdraw Nghidimbwa as councillor of Helao Nafidi was lawful.
He added that his client would oppose any legal action taken.
The Helao Nafidi council saga started in 2016 when Nghililewanga complained to the Swapo Party after she was not sworn in as a councillor, but Nghidimbwa, who did not feature on the party's candidate list, was sworn in instead.
In an attempt to rectify the situation at the time, former Swapo Party secretary-general Nangolo Mbumba then issued a directive stating that it had made a mistake by swearing in Nghidimbwa instead of Nghililewanga as councillor after the 2015 local authority elections.
The parties at one point met at the party's Windhoek headquarters to resolve the issue but Nghidimbwa refused to accept her withdrawal. On that basis the matter went to court.
KENYA KAMBOWE
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