MUN’s urgent application struck from roll
The High Court has dismissed the Mineworkers’ Union’s last-ditch attempt to prevent NUNW delegates from attending the Swapo congress currently under way.
CATHERINE SASMAN AND FRED GOEIEMAN
An urgent court application seeking to stop National Union of Namibian Workers (NUNW) delegates from taking part in the Swapo congress was struck from the roll yesterday afternoon.
Deputy Judge President Hosea Angula dismissed the application, saying there was no urgency.
“Even if the court is going to give an interim order, what will be the return date given the congress proceedings will last until 26 November?” Angula asked.
The Mineworkers Union (MUN), led by deposed NUNW president Ismael Kasuto, had approached the High Court to interdict the unionists’ participation in the congress.
The NUNW has been split in two over the list of representatives to the Swapo congress – a split considered to reflect support of either Team Swapo or Team Harambee.
The ruling effectively means that the accepted list of NUNW delegates as endorsed by the Swapo Central Committee is final.
The list is made up of Anna Shiweda, Loide Shaanika, Sarafina Kandere, Hilma Uushona, Lovisa Ndeyapo Iikali, Ester Anna Nghipondoka, Justina Jonas, Petrus Nevonga, Jacob Nghifindaka, Job Muniaro, John Uushona, Evans Mawahu, Jessy Nambanza, Jacob Penda, Joseph Dinyando and Elijah Ngurare, former secretary general of the Swapo Youth League
The application came at the eleventh hour while the party congress is already in session.
The MUN maintains that these delegates were “wheelbarrowed” into the Swapo congress contrary to the NUNW and Swapo constitutions.
It alleges that on or about 3 August an invitation was sent out to members of the affiliated unions that a meeting of the Central Executive Committee (CEC) was to be held on 19 August.
No agenda was attached on the invitation and the MUN contends that scheduled meeting was not in compliance with the constitution of the NUNW because the meeting was not requested by the CEC.
The MUN alleges that the conveners of the meeting nonetheless continued with “on their own” and unilaterally adopted resolutions.
It further alleges that Muniaro, the secretary-general of the NUNW, was of the view that the NUNW constitution need not be obeyed despite the insistence of MUN members that the meeting should be in compliance thereof.
Moreover, it states, the affiliate unions were not represented by the required officials.
The MUN concluded that the meeting of 19 August was in “complete breach” of the NUNW constitution.
The MUN further stated that it was the only affiliate union that is in good standing because it was the only one that had paid its membership fees, while none of the others had paid their fees and therefore were not entitled to participate in a CEC meeting.
It said the inclusion of Nevonga on the list of representatives to the Swapo congress was not compliant with Swapo’s constitution because Nevonga was not the president of the NUNW.
The MUN said it was prejudiced because Kasuto, as president of the MUN, had been replaced by Nevonga at the Swapo congress, who constitutionally should not be there.
An urgent court application seeking to stop National Union of Namibian Workers (NUNW) delegates from taking part in the Swapo congress was struck from the roll yesterday afternoon.
Deputy Judge President Hosea Angula dismissed the application, saying there was no urgency.
“Even if the court is going to give an interim order, what will be the return date given the congress proceedings will last until 26 November?” Angula asked.
The Mineworkers Union (MUN), led by deposed NUNW president Ismael Kasuto, had approached the High Court to interdict the unionists’ participation in the congress.
The NUNW has been split in two over the list of representatives to the Swapo congress – a split considered to reflect support of either Team Swapo or Team Harambee.
The ruling effectively means that the accepted list of NUNW delegates as endorsed by the Swapo Central Committee is final.
The list is made up of Anna Shiweda, Loide Shaanika, Sarafina Kandere, Hilma Uushona, Lovisa Ndeyapo Iikali, Ester Anna Nghipondoka, Justina Jonas, Petrus Nevonga, Jacob Nghifindaka, Job Muniaro, John Uushona, Evans Mawahu, Jessy Nambanza, Jacob Penda, Joseph Dinyando and Elijah Ngurare, former secretary general of the Swapo Youth League
The application came at the eleventh hour while the party congress is already in session.
The MUN maintains that these delegates were “wheelbarrowed” into the Swapo congress contrary to the NUNW and Swapo constitutions.
It alleges that on or about 3 August an invitation was sent out to members of the affiliated unions that a meeting of the Central Executive Committee (CEC) was to be held on 19 August.
No agenda was attached on the invitation and the MUN contends that scheduled meeting was not in compliance with the constitution of the NUNW because the meeting was not requested by the CEC.
The MUN alleges that the conveners of the meeting nonetheless continued with “on their own” and unilaterally adopted resolutions.
It further alleges that Muniaro, the secretary-general of the NUNW, was of the view that the NUNW constitution need not be obeyed despite the insistence of MUN members that the meeting should be in compliance thereof.
Moreover, it states, the affiliate unions were not represented by the required officials.
The MUN concluded that the meeting of 19 August was in “complete breach” of the NUNW constitution.
The MUN further stated that it was the only affiliate union that is in good standing because it was the only one that had paid its membership fees, while none of the others had paid their fees and therefore were not entitled to participate in a CEC meeting.
It said the inclusion of Nevonga on the list of representatives to the Swapo congress was not compliant with Swapo’s constitution because Nevonga was not the president of the NUNW.
The MUN said it was prejudiced because Kasuto, as president of the MUN, had been replaced by Nevonga at the Swapo congress, who constitutionally should not be there.
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