NUNW gets court order against Kasuto
The High Court has granted the umbrella trade union an interdict against its former president, who had continued to speak on behalf of the union.
The National Union of Namibian Workers (NUNW) has succeeded with an urgent application interdicting its former president, Ismael Kasuto, from purporting to be the president of the union or attending any meeting in the name of the NUNW.
Kasuto indicated after the proceedings that he would appeal against the court order.
Kasuto is also restrained from using in the trade union federation's letterhead or any other communication device on behalf of the NUNW.
Judge Boas Usiku also interdicted Kasuto from entering the NUNW premises in Mungunda Street, Katutura, without written permission granted by the union.
Kasuto is also interdicted from interfering with the activities of the NUNW, its employees, agents, partners and office-bearers in any manner.
Usiku ordered Kasuto to pay the legal costs of the applicant.
The NUNW argued that Kasuto was removed from office by a two-thirds vote of the union's Central Executive Committee (CEC) on 19 August and therefore is no longer the president of NUNW. The federation alleged that he continued acting on behalf of the NUNW as if he was still the president.
On 21 August Kasuto issued a press release publicly stating that he remained the president of NUNW. He also addressed a letter to the secretary-general of Swapo on an NUNW letterhead presenting himself as the president of the union.
Kasuto challenged the legality of the 19 August decision that removed him from office. He argued that the meeting was not properly constituted in terms of the union's constitution.
He stated that during the 19 August meeting there was an impasse about whether affiliated unions who had defaulted on their affiliation fees had a right to take part and vote. Due to that impasse the Mineworkers Union walked out. According to Kasuto the walkout meant that the meeting was not properly constituted and he also walked out.
The meeting proceeded in their absence and the resolution removing Kasuto as president of NUNW was then taken.
Sisa Namandje and Eliaser Nekwaya, appearing for NUNW, maintained that in terms of the constitution of the NUNW the president vacates his/her office if he/she ceases to be a member of an affiliated union or if a two-thirds majority of the CEC so decides by resolution.
“Kasuto was removed from office on 19 August by a resolution of two-thirds majority of the CEC, therefore he is no longer the president of NUNW. He however purports to act on behalf of the union as if he were still its president and as result we approached the court,” they had argued.
They argued that this situation encouraged lawlessness in the conduct of NUNW affairs and caused irreparable reputational damage as well as immense confusion among the associates of the union.
FRED GOEIEMAN
Kasuto indicated after the proceedings that he would appeal against the court order.
Kasuto is also restrained from using in the trade union federation's letterhead or any other communication device on behalf of the NUNW.
Judge Boas Usiku also interdicted Kasuto from entering the NUNW premises in Mungunda Street, Katutura, without written permission granted by the union.
Kasuto is also interdicted from interfering with the activities of the NUNW, its employees, agents, partners and office-bearers in any manner.
Usiku ordered Kasuto to pay the legal costs of the applicant.
The NUNW argued that Kasuto was removed from office by a two-thirds vote of the union's Central Executive Committee (CEC) on 19 August and therefore is no longer the president of NUNW. The federation alleged that he continued acting on behalf of the NUNW as if he was still the president.
On 21 August Kasuto issued a press release publicly stating that he remained the president of NUNW. He also addressed a letter to the secretary-general of Swapo on an NUNW letterhead presenting himself as the president of the union.
Kasuto challenged the legality of the 19 August decision that removed him from office. He argued that the meeting was not properly constituted in terms of the union's constitution.
He stated that during the 19 August meeting there was an impasse about whether affiliated unions who had defaulted on their affiliation fees had a right to take part and vote. Due to that impasse the Mineworkers Union walked out. According to Kasuto the walkout meant that the meeting was not properly constituted and he also walked out.
The meeting proceeded in their absence and the resolution removing Kasuto as president of NUNW was then taken.
Sisa Namandje and Eliaser Nekwaya, appearing for NUNW, maintained that in terms of the constitution of the NUNW the president vacates his/her office if he/she ceases to be a member of an affiliated union or if a two-thirds majority of the CEC so decides by resolution.
“Kasuto was removed from office on 19 August by a resolution of two-thirds majority of the CEC, therefore he is no longer the president of NUNW. He however purports to act on behalf of the union as if he were still its president and as result we approached the court,” they had argued.
They argued that this situation encouraged lawlessness in the conduct of NUNW affairs and caused irreparable reputational damage as well as immense confusion among the associates of the union.
FRED GOEIEMAN
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