Omuthiya mayor to operate from Windhoek
Attorney-general’s 2021 legal opinion ignored
The mayor insists he remains a resident of the northern town, saying his municipal bill proves his claim.
Omuthiya mayor Johannes Ndeutepo, who has secured a top job in Windhoek, will not resign from the local authority position and has ordered that virtual facilities be set up to enable him participate in council meetings while based some 600 kilometres away.
This is contained in a letter Ndeutepo wrote to Omuthiya town council CEO Petrus Shuuya, dated 27 May, in which he revealed that will be taking over as CEO of Nammic Holdings from 1 July.
In the communique, Ndeutepo said he will not regularly be available in Omuthiya due to his new duty station, Windhoek. He wants to remain a councillor at Omuthiya until the next local authority elections, likely to be held in November 2025.
“With this appointment, I will not be regularly available in Omuthiya as the appointment is in Windhoek. Hence this notice to inform you that I will also not be available for re-election as chairperson of council (mayor) for the next year,” he wrote.
“Please ensure timeous notices of meetings and virtual facilities in case I am unable to attend in person,” he said.
‘Not a full-time job’
When contacted for comment yesterday, Ndeutepo confirmed being the author of the letter, and said he remains a resident of Omuthiya as he has a house and businesses in the town.
He questioned whether one is only regarded as a resident of a town strictly based on living there, or whether proof of residence via a municipal account was enough evidence.
He went on to argue that a local authority councillor position is not a full-time job and that one serves like a board member of an entity, who is not confined to a locality by virtue of that position.
“Before I got my new job, I was a businessman who would be out of town for weeks, but yet I fulfilled my obligations. I did not need to ask for permission to leave town, but now things have changed. I have a boss to whom I report,” he argued.
He also made reference to a number of local authorities whose councillors reside in towns far from where they serve.
‘The law is clear’
Last year, Namibian Sun reported that the chairperson of the Ongwediva town council’s management committee, Dr Fabiam George, is employed full-time in Okakarara, prompting questions on how he could effectively fulfil his job at the local authority situated 560 kilometres from his work base.
George was accused of contravening Section 13 (1) (h) of the Local Authorities Act by taking on this new role while remaining a councillor. That provision states that a member of a local authority council must vacate their office if they cease to reside within the local authority area after having been elected.
With regards to George’s situation, a legal opinion dated January 2021 by Attorney-General Festus Mbandeka to urban and rural development minister Erastus Uutoni underscored the Act’s provision, adding that removing a councillor who does not reside within their elected local authority is ‘absolute’ and not ‘discretionary’.
Mbandeka wrote: “In the event that a member of a local authority ceases to reside or only temporarily resides within the local authority area that such a member was elected to, such a member shall vacate his or her office pursuant to Section 13(1)(h) of the Local Authorities Act...”
He added that the minister, in fact, has recourse to effect the removal of non-resident councillors, and “does not have to wait for a political party” to withdraw its member. Despite this advice, George remains a councillor at Ongwediva.
Urban and rural development ministry executive director Nghidinwa Daniel refused to comment on the matter, only saying: “First ask the position of the person concerned. The law is clear on such a matter. You should also read the Act”.
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This is contained in a letter Ndeutepo wrote to Omuthiya town council CEO Petrus Shuuya, dated 27 May, in which he revealed that will be taking over as CEO of Nammic Holdings from 1 July.
In the communique, Ndeutepo said he will not regularly be available in Omuthiya due to his new duty station, Windhoek. He wants to remain a councillor at Omuthiya until the next local authority elections, likely to be held in November 2025.
“With this appointment, I will not be regularly available in Omuthiya as the appointment is in Windhoek. Hence this notice to inform you that I will also not be available for re-election as chairperson of council (mayor) for the next year,” he wrote.
“Please ensure timeous notices of meetings and virtual facilities in case I am unable to attend in person,” he said.
‘Not a full-time job’
When contacted for comment yesterday, Ndeutepo confirmed being the author of the letter, and said he remains a resident of Omuthiya as he has a house and businesses in the town.
He questioned whether one is only regarded as a resident of a town strictly based on living there, or whether proof of residence via a municipal account was enough evidence.
He went on to argue that a local authority councillor position is not a full-time job and that one serves like a board member of an entity, who is not confined to a locality by virtue of that position.
“Before I got my new job, I was a businessman who would be out of town for weeks, but yet I fulfilled my obligations. I did not need to ask for permission to leave town, but now things have changed. I have a boss to whom I report,” he argued.
He also made reference to a number of local authorities whose councillors reside in towns far from where they serve.
‘The law is clear’
Last year, Namibian Sun reported that the chairperson of the Ongwediva town council’s management committee, Dr Fabiam George, is employed full-time in Okakarara, prompting questions on how he could effectively fulfil his job at the local authority situated 560 kilometres from his work base.
George was accused of contravening Section 13 (1) (h) of the Local Authorities Act by taking on this new role while remaining a councillor. That provision states that a member of a local authority council must vacate their office if they cease to reside within the local authority area after having been elected.
With regards to George’s situation, a legal opinion dated January 2021 by Attorney-General Festus Mbandeka to urban and rural development minister Erastus Uutoni underscored the Act’s provision, adding that removing a councillor who does not reside within their elected local authority is ‘absolute’ and not ‘discretionary’.
Mbandeka wrote: “In the event that a member of a local authority ceases to reside or only temporarily resides within the local authority area that such a member was elected to, such a member shall vacate his or her office pursuant to Section 13(1)(h) of the Local Authorities Act...”
He added that the minister, in fact, has recourse to effect the removal of non-resident councillors, and “does not have to wait for a political party” to withdraw its member. Despite this advice, George remains a councillor at Ongwediva.
Urban and rural development ministry executive director Nghidinwa Daniel refused to comment on the matter, only saying: “First ask the position of the person concerned. The law is clear on such a matter. You should also read the Act”.
[email protected]
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