Veteran’s fails in allowance lawsuit
Judge dismisses application
The High Court dismissed Alex Kamwi's application demanding N$118 000 in allowance arrears.
Former secretary-general of the Namibia National Liberation Veterans Association (NNLVA) and freedom struggle veteran, Alex Kamwi, has failed in a High Court application her instituted against the Veterans' Council, in which he demanded payment of approximately N$118 000.
Kamwi filed a lawsuit alleging that his veteran's allowance had been irregularly suspended from February 2019 to September 2020.
He argued that the former executive director of the defence and veterans affairs ministry, Abraham Iilonga, suspended his allowance of approximately N$6 200 on 28 February 2019, without giving him an opportunity to respond.
Unqualified
In response, Iilonga stated that Kamwi deserved a regular, uninterrupted salary and that the allowance was only for veterans who were unemployed or earned less than N$36 000 each year.
According to court documents, the director of the directorate of policy, heritage, and registration at the ministry, Thadeus Elago, held a meeting with Kamwi in November 2019 to reach a settlement.
Kamwi claimed that during the meeting, they orally agreed to restore his allowance, but Elago denies this.
Kamwi's allowance was later reinstated, and he demanded payment of the arrears.
Agreement denied
He alleged that the respondents breached the oral agreement and sought a court order to enforce the settlement agreement.
High Court Judge Marlene Tommasi ruled that the dispute can only be resolved by applying the Plascon-Evans principle: "Facts are accepted if those facts, as stated by the respondent, together with the facts stated by the applicant that are acknowledged by the respondent, justify granting an order."
Therefore, the court accepted the respondents' version and ruled that Kamwi failed to prove that he entered into an oral agreement with Elago.
"Even if an oral agreement was entered into, it would not be binding on the council. According to the Veterans Act, funds must be managed and controlled by the board. The council can delegate its authority or designate it to a committee, but no claims were made that the third respondent [Elago] was authorised," the judgment, delivered on Friday, stated.
Tommasi dismissed the application with costs and struck it off the roll.
– [email protected]
Kamwi filed a lawsuit alleging that his veteran's allowance had been irregularly suspended from February 2019 to September 2020.
He argued that the former executive director of the defence and veterans affairs ministry, Abraham Iilonga, suspended his allowance of approximately N$6 200 on 28 February 2019, without giving him an opportunity to respond.
Unqualified
In response, Iilonga stated that Kamwi deserved a regular, uninterrupted salary and that the allowance was only for veterans who were unemployed or earned less than N$36 000 each year.
According to court documents, the director of the directorate of policy, heritage, and registration at the ministry, Thadeus Elago, held a meeting with Kamwi in November 2019 to reach a settlement.
Kamwi claimed that during the meeting, they orally agreed to restore his allowance, but Elago denies this.
Kamwi's allowance was later reinstated, and he demanded payment of the arrears.
Agreement denied
He alleged that the respondents breached the oral agreement and sought a court order to enforce the settlement agreement.
High Court Judge Marlene Tommasi ruled that the dispute can only be resolved by applying the Plascon-Evans principle: "Facts are accepted if those facts, as stated by the respondent, together with the facts stated by the applicant that are acknowledged by the respondent, justify granting an order."
Therefore, the court accepted the respondents' version and ruled that Kamwi failed to prove that he entered into an oral agreement with Elago.
"Even if an oral agreement was entered into, it would not be binding on the council. According to the Veterans Act, funds must be managed and controlled by the board. The council can delegate its authority or designate it to a committee, but no claims were made that the third respondent [Elago] was authorised," the judgment, delivered on Friday, stated.
Tommasi dismissed the application with costs and struck it off the roll.
– [email protected]
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