Nantu, principals butt heads
The Namibia National Teachers Union (Nantu) has come under fire from school principals who are challenging its decision to block them from contesting for leadership roles in the union.
In a letter dated 23 June addressed to the union’s secretary-general Loide Shaanika, union member Naftal Shigwedha said he attended an elective Nantu Omuthiya branch conference in the Oshikoto Region on 3 June as a delegate and was not allowed to participate in the election process.
In his letter, he accused Shaanika of tampering with the union’s constitution, which he said is not in her power. “Similarly, it was also alleged that such incidents happened at the Etayi branch and Tsandi in the Omusati Region, where principals were denied their right to contest in the elections - despite members wanting them to stand as they had noticed their potential leadership qualities,” he wrote.
Shigwedha said the election process in both regions went ahead despite their exclusion, adding that all the other principals who were in attendance had indicated their willingness to participate.
Restructuring process
Shigwedha wrote to Shaanika through his lawyer Mpule Siyomunji of Siyomunji Law Chambers, requesting her to declare a Nantu meeting of 10 February unconstitutional and withdraw the prohibition on principals' participation.
Siyomunji wrote that Shigwedha had raised several concerns regarding the restructuring process and the exclusion of principals from participating in Nantu leadership structures. Specifically, the lawyer said Shigwedha is referring to a meeting held on 10 February during which instructions were given prohibiting principals from participating in Nantu leadership structures.
“He believes this decision is unconstitutional and should be withdrawn for the following reasons: Jurisdiction and applicability of legislation. The instruction to conduct the restructuring process in line with Section 47(7)(k) of the Basic Education Act is not applicable to Nantu. The union and the education ministry are distinct entities, and the Nantu constitution is the supreme legal document governing [the union’s] internal affairs. As such, clause 7.2.4 of the Nantu constitution should guide any restructuring processes, not the Basic Education Act.”
Lacking authority
Siyomunji further said the Namibian Constitution guarantees all persons the right to freedom of association, which includes the freedom to form and join unions.
Excluding principals from participating in conferences as fully paid members contravenes their constitutional right, she said, adding that the Nantu constitution allows full members to exercise their rights, regardless of their job designation. “The amendments and instructions issued during the meeting on 10 February were not conducted in accordance with this clause and, therefore, lack proper authority,” Siyomunji said.
The lawyer requested Shaanika to confirm or deny the allegations in a written response within seven days. Should she fail to do so, necessary legal action will be taken, the letter read.
In a telephonic interview with Namibian Sun yesterday, Shaanika said she received the letter, but refused to divulge any further details. “[The letter] is now between our legal desk and the author, so I cannot divulge any further details on it for now,” she said.
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In a letter dated 23 June addressed to the union’s secretary-general Loide Shaanika, union member Naftal Shigwedha said he attended an elective Nantu Omuthiya branch conference in the Oshikoto Region on 3 June as a delegate and was not allowed to participate in the election process.
In his letter, he accused Shaanika of tampering with the union’s constitution, which he said is not in her power. “Similarly, it was also alleged that such incidents happened at the Etayi branch and Tsandi in the Omusati Region, where principals were denied their right to contest in the elections - despite members wanting them to stand as they had noticed their potential leadership qualities,” he wrote.
Shigwedha said the election process in both regions went ahead despite their exclusion, adding that all the other principals who were in attendance had indicated their willingness to participate.
Restructuring process
Shigwedha wrote to Shaanika through his lawyer Mpule Siyomunji of Siyomunji Law Chambers, requesting her to declare a Nantu meeting of 10 February unconstitutional and withdraw the prohibition on principals' participation.
Siyomunji wrote that Shigwedha had raised several concerns regarding the restructuring process and the exclusion of principals from participating in Nantu leadership structures. Specifically, the lawyer said Shigwedha is referring to a meeting held on 10 February during which instructions were given prohibiting principals from participating in Nantu leadership structures.
“He believes this decision is unconstitutional and should be withdrawn for the following reasons: Jurisdiction and applicability of legislation. The instruction to conduct the restructuring process in line with Section 47(7)(k) of the Basic Education Act is not applicable to Nantu. The union and the education ministry are distinct entities, and the Nantu constitution is the supreme legal document governing [the union’s] internal affairs. As such, clause 7.2.4 of the Nantu constitution should guide any restructuring processes, not the Basic Education Act.”
Lacking authority
Siyomunji further said the Namibian Constitution guarantees all persons the right to freedom of association, which includes the freedom to form and join unions.
Excluding principals from participating in conferences as fully paid members contravenes their constitutional right, she said, adding that the Nantu constitution allows full members to exercise their rights, regardless of their job designation. “The amendments and instructions issued during the meeting on 10 February were not conducted in accordance with this clause and, therefore, lack proper authority,” Siyomunji said.
The lawyer requested Shaanika to confirm or deny the allegations in a written response within seven days. Should she fail to do so, necessary legal action will be taken, the letter read.
In a telephonic interview with Namibian Sun yesterday, Shaanika said she received the letter, but refused to divulge any further details. “[The letter] is now between our legal desk and the author, so I cannot divulge any further details on it for now,” she said.
– [email protected]
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