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
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.
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.