Masule ruling on 28 September

State attorney Ramon Maasdorp has argued that the matter should rather be heard in the Labour Court.

11 September 2020 | Justice

JEMIMA BEUKES

WINDHOEK



Government attorneys yesterday argued that the High Court does not have the jurisdiction to hear the urgent application brought by Anti-Corruption Commission (ACC) investigator Phelem Masule against Prime Minister Saara Kuugongelwa-Amadhila.

The matter was heard by acting judge Eileen Rakow, who postponed it to 28 September for a ruling.

Masule's lawyer, advocate Dennis Khama, instructed by Shakwa Nyambe Co Inc, yesterday stressed again that the prime minister had no business setting aside his client's promotion to chief investigator at the ACC.

“We contend that her reliance on the statutory powers that she claims to have is incorrect and cannot assist her,” he argued.

He also said there has been no delegation of powers for her to be able to vary or set aside the decision to appoint Masule.

No jurisdiction

State attorney Ramon Maasdorp argued that the matter should be heard in the Labour Court. In his founding affidavit, Masule demanded his urgent reinstatement and said the prime minister's decision trampled on his right to administrative justice, as well as his dignity and right to equality before the court.

However, the state yesterday dismissed these arguments, saying Masule failed to demonstrate that he would not be afforded substantial redress in due course. Maasdorp said Masule had not provided proof that gives rise to a reasonable fear that if immediate relief is not afforded, irreparable harm will follow.

“In the premises the application ought to be struck from the roll for lack of urgency, with costs,” argued Maasdorp. He added that Masule's stance that Kuugongelwa-Amadhila's decision to set aside his promotion was unlawful is misplaced.

According to him, the prime minister has expressly acknowledged that she does not have the intention or authority to reject or vary a decision by the Public Service Commission.

[email protected]

Similar News

 

Gertze's attempted murder case withdrawn

4 days ago - 18 September 2020 | Justice

OGONE TLHAGEWINDHOEKNamibia Qualifications Authority (NQA) CEO Franz Gertze is off the hook after the Office of the Prosecutor-General declined to prosecute him for a shooting...

Estate agent guilty of stealing Congolese general's money

6 days ago - 16 September 2020 | Justice

JANA-MARI SMITHWINDHOEKA Swakopmund estate agent accused of stealing US$900 000 (N$6.7 million) from a Democratic Republic of Congo military general ten years ago has been...

Fishrot 7 could be released

1 week ago - 15 September 2020 | Justice

OGONE TLHAGEWINDHOEKA magistrate yesterday thinly suggested the court might have no further reason to keep the Fishrot accused in custody if investigators do not wrap...

Masule ruling on 28 September

1 week ago - 11 September 2020 | Justice

JEMIMA BEUKES WINDHOEKGovernment attorneys yesterday argued that the High Court does not have the jurisdiction to hear the urgent application brought by Anti-Corruption Commission (ACC)...

'Strike Fishrot case from the court roll'

1 week ago - 11 September 2020 | Justice

OGONE TLHAGEWINDHOEK Trevor Brockerhoff, the lawyer representing former Investec manager Ricardo Gustavo, has asked the Windhoek Magistrate's Court to consider striking the Fishrot...

Bribery saga accused make renewed plea for freedom

1 week ago - 10 September 2020 | Justice

OGONE TLHAGE WINDHOEKLawyers representing the Fishrot accused have asked the Windhoek Magistrate’s Court to provisionally release their clients, as the State cannot...

Court grants husband bail after wife dies in 'scuffle'

1 week ago - 10 September 2020 | Justice

NAMPAGOBABISThe Gobabis Magistrate's Court on Monday granted bail of N$2 000 to Fritz Paul, who allegedly killed his wife during a scuffle at Farm Kroonster.Court...

Con man sues for N$5m

2 weeks ago - 08 September 2020 | Justice

JANA-MARI SMITHWINDHOEK A Hardap prison inmate and South African citizen convicted on multiple charges of fraud has filed a N$5 million lawsuit against...

Woman sues after AK-47 beating by soldier

2 weeks ago - 07 September 2020 | Justice

JANA-MARI SMITHWINDHOEKA new lawsuit brought by a civilian against the Namibian police and army centres around an alleged savage attack by a soldier who beat...

Lawyer hired for Okahandja land fight

2 weeks ago - 04 September 2020 | Justice

OGONE TLHAGEWINDHOEKThe Affirmative Repositioning movement has secured the services of a lawyer as it takes the fight to urban and rural development minister Erastus Utoni...

Latest News

Sioka condemns withdrawal of GBV...

1 day - 21 September 2020 | Social Issues

KENYA KAMBOWENKURENKURUGender equality and child welfare minister Doreen Sioka has condemned victims of gender-based violence (GBV), predominantly women, who withdraw such cases after they have...

EIF wins award for sustainable...

1 day - 21 September 2020 | Environment

ELLANIE SMITWINDHOEKThe Environmental Investment Fund (EIF) of Namibia will receive an award that recognises its success in financing climate-change resilient livelihoods.The EIF will receive the...

Swapo must assume moral leadership

1 day - 21 September 2020 | Opinion

Speaking to Namibian Sun in August, former Botswana president Ian Khama accused liberation movements in Southern Africa of ‘oppressive brotherhood’, taking aim at their deafening...

Mining industry contracts 11.1%

1 day - 21 September 2020 | Business

ELLANIE SMITWINDHOEKThe mining industry has recorded a negative growth of 11.1% last year, a deep contraction from the positive growth of 16.1% in 2018.This is...

Former governor Vatuva laid to...

1 day - 21 September 2020 | People

TUYEIMO HAIDULAOMUNGWELUMEFormer governor of Oshana Region Silvanus Vatuva was buried at the Omulungwelume cemetery in the Ohangwena Region on Saturday.President Hage Geingob paid tribute to...

Return to school not mandatory:...

1 day - 21 September 2020 | Education

NAMPAKHORIXASThe return of learners to schools is not mandatory but encouraged, as learning from home is captured in the current circular put in place, education...

Orange River agreement revised

1 day - 21 September 2020 | International

ELLANIE SMITWINDHOEKAgriculture minister Calle Schlettwein has recommended that the National Assembly ratifies the revised Orange-Senqu River Basin Commission (Orasecom) agreement.The agreement between Namibia, Botswana, Lesotho...

APP condemns Stina's discount land...

1 day - 21 September 2020 | Politics

RUNDUNAMPAThe All People's Party (APP) has condemned the alleged N$20 million discount land deal businesswoman Stina Wu scored at Divundu in the Kavango East Region.APP...

Havana rape spree continues

1 day - 21 September 2020 | Crime

NAMPAWINDHOEKA man from Havana informal settlement in Windhoek was shot dead early Saturday morning when he tried to come to the aid of his sister...

Load More