Nam professionals hit back
Namibian architects and quantity surveyors have filed an application in the High Court asking that the 29 Zimbabwean professionals stop work immediately.
Nine Namibian architects and quantity surveyors have submitted an application to the High Court asking it to review and set aside the Minister of Works and Transport's decision to exempt architects and quantity surveyors from Zimbabwe from registration requirements.
The applicants not only want it set aside, but for it to be declared unlawful and of no effect in law.
The exemption was made to be with effect from 13 April 2017 and was supposed to expire when the contract of employment of such persons with the ministry expires.
The nine applicants contend that this did not happen and stated in their application submitted on Thursday that in view of the expiry of the Memorandum of Understanding (MoU) on 16 May 2017, the employment contracts of the 29 Zimbabweans ought to have expired too on 16 May 2017. The MoU signed between Namibia and Zimbabwe on 16 May 2012 was to remain in force for five years.
“The MoU between Namibia and Zimbabwe has since terminated and the 29 Zimbabweans have no right to continue working at the ministry in terms of such an expired agreement,” the applicants argued.
Marley Tjitjo Architects Inc., Wasserfall Munting Architects Inc., Ricardo Michaels Architects Inc., Agostinho Ferreira Architects Inc., Kondjeni Nkandi Achitects Inc., Jordaan Ooshuyzen Nangolo Quantity Surveyors Inc., Dawid Nel Quantity Surveyors Inc., Sondlo Quantity Surveyors Inc. and Kaurivi Quantity Surveyors Incorporated submitted the application.
The Ministers of Works and Transport, the president of Namibia Council of Architects, the Namibia Institute of Architects, the Institute of Namibia Quantity Surveyors, the works permanent secretary and 29 Zimbabwean nationals are the respondents in the matter.
The applicants maintain their constitutional right to be treated equal with the 29 Zimbabweans as contemplated under Article 10 of the constitution was infringed upon.
“The continued employment of the 29 Zimbabweans is threatening the Namibian architects and quantity surveyors' right to conduct their business and practice their professions,” stated Marley Uazemburuka Tjitjo in a sworn statement supporting the application.
He further said the Namibian architects, quantity surveyors and all applicants are prejudiced by the unlawful and yet continued occupation of various critical positions at the works ministry by the 29 Zimbabweans at the expense of others who are qualified.
The attempts by the young architects and quantity surveyors to be employed, particularly in the Ministry of Works and Transport are being frustrated by the fact that various positions had been taken up by the Zimbabweans in an unlawful manner.
“This is largely carried out and will be continued to be carried out by the 29 Zimbabweans who unfairly benefit from the unlawful exemption,” Tjitjo argued.
He maintains the 29 Zimbabweans failed to transfer skills to Namibians and that it appears that the Minister of Works and Transport and his permanent secretary are more interested in unlawfully securing some kind of permanency in the employment of 29 Zimbabweans at the ministry.
Marley Tjitjo Architects Incorporated, as first applicant, is represented by Patrick Kauta of Dr Weder, Kauta and Hoveka Incorporated. The application was filed on Thursday and a response is yet to be filed by the respondents who have until 27 October at 10:00 to do so.
FRED GOEIEMAN
The applicants not only want it set aside, but for it to be declared unlawful and of no effect in law.
The exemption was made to be with effect from 13 April 2017 and was supposed to expire when the contract of employment of such persons with the ministry expires.
The nine applicants contend that this did not happen and stated in their application submitted on Thursday that in view of the expiry of the Memorandum of Understanding (MoU) on 16 May 2017, the employment contracts of the 29 Zimbabweans ought to have expired too on 16 May 2017. The MoU signed between Namibia and Zimbabwe on 16 May 2012 was to remain in force for five years.
“The MoU between Namibia and Zimbabwe has since terminated and the 29 Zimbabweans have no right to continue working at the ministry in terms of such an expired agreement,” the applicants argued.
Marley Tjitjo Architects Inc., Wasserfall Munting Architects Inc., Ricardo Michaels Architects Inc., Agostinho Ferreira Architects Inc., Kondjeni Nkandi Achitects Inc., Jordaan Ooshuyzen Nangolo Quantity Surveyors Inc., Dawid Nel Quantity Surveyors Inc., Sondlo Quantity Surveyors Inc. and Kaurivi Quantity Surveyors Incorporated submitted the application.
The Ministers of Works and Transport, the president of Namibia Council of Architects, the Namibia Institute of Architects, the Institute of Namibia Quantity Surveyors, the works permanent secretary and 29 Zimbabwean nationals are the respondents in the matter.
The applicants maintain their constitutional right to be treated equal with the 29 Zimbabweans as contemplated under Article 10 of the constitution was infringed upon.
“The continued employment of the 29 Zimbabweans is threatening the Namibian architects and quantity surveyors' right to conduct their business and practice their professions,” stated Marley Uazemburuka Tjitjo in a sworn statement supporting the application.
He further said the Namibian architects, quantity surveyors and all applicants are prejudiced by the unlawful and yet continued occupation of various critical positions at the works ministry by the 29 Zimbabweans at the expense of others who are qualified.
The attempts by the young architects and quantity surveyors to be employed, particularly in the Ministry of Works and Transport are being frustrated by the fact that various positions had been taken up by the Zimbabweans in an unlawful manner.
“This is largely carried out and will be continued to be carried out by the 29 Zimbabweans who unfairly benefit from the unlawful exemption,” Tjitjo argued.
He maintains the 29 Zimbabweans failed to transfer skills to Namibians and that it appears that the Minister of Works and Transport and his permanent secretary are more interested in unlawfully securing some kind of permanency in the employment of 29 Zimbabweans at the ministry.
Marley Tjitjo Architects Incorporated, as first applicant, is represented by Patrick Kauta of Dr Weder, Kauta and Hoveka Incorporated. The application was filed on Thursday and a response is yet to be filed by the respondents who have until 27 October at 10:00 to do so.
FRED GOEIEMAN
Comments
Namibian Sun
No comments have been left on this article