High Court strikes down Nabta cases

A court dispute between two leadership structures within the Namibian Bus and Taxi Association (Nabta) came to a sudden end on Tuesday, with both applications dismissed by the Windhoek High Court.High Court judge Beatrix de Jager found that Pendapala Nakathingo, who brought the application, was not authorised to act on behalf of Nabta and consequently struck the application from the High Court roll.The case arose when Nakathingo sought an interdict against the respondents, namely Lazarus Mhata, Martin Kennedy and Vespa Muunda, prohibiting them from acting on behalf of Nabta, using its letterhead and interfering with its activities.De Jager determined that Nabta&#039;s executive committee, elected in 2013, had no authority to continue their duties from 2018 onwards, as their five-year term had already expired.“Nabta’s constitution makes no provision for the automatic continuation of the executive committee members’ term after the five-year period. The committee’s powers stem from Nabta’s constitution, which explicitly states that their term will last for five years."Nabta’s constitution does not, expressly or by implication, state that the committee members’ term will continue after the five-year period has ended until a new committee is appointed,” De Jager’s ruling stated.The judge further found that Nakathingo’s court application relied on a resolution adopted by this committee. Since the committee was invalid, the resolution was also invalid, and by extension, the entire application.The application was therefore struck from the roll.Second applicationIn response to Nakathingo’s court application, Mhata, Kennedy and Muunda filed a counter-application, claiming they are the legitimate executive committee members elected at a congress held on 18 February 2022.However, the court found that the congress held on 18 February 2022 was convened under the banner of a Task Action Work Team (TAWT), which had no constitutional authority to arrange such a meeting.“When the TAWT was formed in August 2020, there was no executive committee that could have appointed it. Therefore, the TAWT was not properly constituted. The notices relied upon by the respondents, which invited all Nabta members to the 18 February 2022 congress, were issued under the TAWT,” the judgment stated, which concluded that the leadership structure formed at the congress held no legal standing.The counter-application was therefore also dismissed.Judge&#039;s rulingIn her ruling, De Jager found that the 2013 executive committee did not have the authority to act on behalf of Nabta after 2018, and Nakathingo had no legal grounds to bring the court application against Mhata, Kennedy and Muunda.She also found that the TAWT, which organised the 18 February 2022 congress, was not properly constituted under Nabta&#039;s constitution and that the executive committee allegedly elected at that congress could not be considered valid.She ordered that the main application be struck from the roll and dismissed the counter-application. No cost order was made against any of the parties.– kristien@nmh-hub.com.na

High Court strikes down Nabta cases

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Namibian Sun 2025-03-26

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High Court strikes down Nabta cases

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Namibian Sun 2025-03-26

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