||Karas Regional Council ordered to pay Swapo councillors - again

The ||Karas Regional Council was once again ordered by a court last week to reinstate and pay the full salaries and benefits of three Swapo councillors who were dismissed earlier this year, pending the outcome of an ongoing legal battle.Although it was agreed in February that Lazarus Nangolo, Suzan Ndjaleka, and Tiami Amakali should be reinstated and remunerated, the regional council stopped their pay in July.Last Thursday, the Supreme Court rejected an appeal brought by the regional council against a High Court order and ordered it to pay the three Swapo councillors' full salaries and benefits, as per a High Court ruling issued earlier this year.The court battle stems from the regional council's decision on 25 January to terminate the membership of three Swapo councillors. In February, the councillors filed an application at the High Court to review the decision to terminate their council membership and stop the payment of their salaries.‘Unlawful’ decisionEarlier this year, the parties reached a settlement agreement allowing the councillors to retain their positions and continue performing their duties pending the resolution of the court case.It was also agreed that the councillors would continue to receive their full salaries and benefits. The settlement agreement was later formalised as a court order.However, on 29 July, the regional council stopped paying the three councillors. In response, the councillors filed an urgent application with the High Court, arguing that the suspension of their salaries was unlawful.In August, High Court judge Orben Sibeya heard the urgent application and ruled in favour of the councillors on 6 September, ordering the regional council to reinstate them and resume paying their salaries. The regional council filed an appeal against the ruling, but it was dismissed as frivolous and vexatious, with no prospects of success by the court.Dissatisfied with the High Court's decision, the regional council then approached the Supreme Court.Order ignoredThursday’s Supreme Court ruling noted that “the High Court correctly referred to the order of 9 February 2024 as restraining the respondents from executing the decision of the Council of 25 January 2024 – to terminate the first to third applicants’ membership of the council – pending the review of that decision.“That order was to be obeyed and was to be given effect to until and unless altered or set aside by that court. Instead the appellants acted in conflict with that order and subsequently proceeded to implement the 25 January 2024 resolution, despite being restrained from doing so by the order of 9 February 2024,” judge Dave Smuts said in his ruling.The ruling further held that the regional council, as the appellants, “filed a notice of appeal against an order which is not only not appealable but interlocutory,” and added that the “appellants’ conduct in noting an appeal appears to amount to an abuse of process and a stratagem directed at frustrating the execution of the interim order.”The matter was subsequently struck from the roll.– kristien@nmh-hub.com.na

||Karas Regional Council ordered to pay Swapo councillors - again

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Namibian Sun 2025-04-03

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||Karas Regional Council ordered to pay Swapo councillors - again

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Namibian Sun 2025-04-03

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