Zim 'experts' must go

The Windhoek High Court yesterday declared that a five-year agreement signed in 2012 to allow Zimbabwean professionals to work on capital projects in Namibia is of no force.

Judge Shafimana Ueitele ruled that 29 Zimbabwean architects and quantity surveyors had no right to continue working at the Ministry of Works and Transport in terms of an expired memorandum of understanding.

In September this year, Namibian architects and quantity surveyors filed an application in the High Court asking that the 29 Zimbabwean professionals stop work immediately.

“The 29 Zimbabwean architects and quantity surveyors must vacate their respective positions they hold at the Ministry of Works and Transport,” Ueitele ordered. The judge also ordered that a decision by the minister of works and transport, Alpheus !Naruseb, to exempt Zimbabwean architects and quantity surveyors from registration requirements in Namibia, be set aside.

!Naruseb had written to the Namibia Council of Architects and Quantity Surveyors on 28 July 2017, directing the body to allow 11 architects and 18 quantity surveyors from Zimbabwe to work without being assessed and sitting exams.

He further ordered that all decisions and acts performed by the president of the Namibia Council of Architects and Quantity Surveyors on the basis of the works minister's decision promulgated in the Government Gazette be declared unlawful.

The applicants in the matter were: Marley Tjitjo Architects Inc., Wasserfall Munting Architects Inc., Ricardo Michaels Architects Inc., Agostinho Ferreira Architects Inc., Kondjeni Nkandi Achitects Inc., Jordaan Oosthuysen Nangolo Quantity Surveyors Inc., Dawid Nel Quantity Surveyors Inc., Sondlo Quantity Surveyors Inc. and Kaurivi Quantity Surveyors Incorporated.



The minister of works, the president of the Namibia Council of Architects, the Namibia Institute of Architects, the Institute of Namibia Quantity Surveyors, the works permanent secretary and 29 Zimbabwean nationals were the respondents in the matter.



The applicants had argued that their constitutional right to be treated equally to the 29 Zimbabweans as contemplated under Article 10 of the Namibian constitution was infringed upon.



According to them, the continued employment of the 29 Zimbabweans threatened Namibian professionals' right to conduct their business and practice.



It was maintained that the Namibian architects and quantity surveyors were 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.



They alleged that attempts by young architects and quantity surveyors to be employed, particularly in the Ministry of Works and Transport, were frustrated by the fact that various positions were occupied by Zimbabweans in an unlawful manner.



The two countries had signed an agreement in 2012, which allowed 85 Zimbabwean engineers to work in Namibia to allow for skills transfer.



The locals maintained there was transfer of skills. They accused the works ministry officials of being only interested in the permanent employment of the Zimbabweans.



Marley Tjitjo Architects Incorporated, as first applicant, was represented by Patrick Kauta, while Nicky Ngula, on the instructions of the government attorney, acted for the respondents.

FRED GOEIEMAN