Omuthiya’s Windhoek-based mayor dares Uutoni
Ndeutepo digs in his heels
The mayor, who will not seek re-election, says the minister is trying to impress the media by questioning [Ndeutepo's] continued stay at the helm of the northern town.
Omuthiya mayor Johannes Ndeutepo, who is based some 600km away in Windhoek where he is employed fulltime, has openly challenged urban and rural development minister Erastus Uutoni to remove him as a councillor if his situation contradicts the Local Authorities Act.
Uutoni confirmed that by residing in Windhoek, Ndeutepo is contravening Section 13(1)(h) of the Act, which mandates councillors to reside in the area of their election. The Act states that failure to do so requires a councillor to vacate their position.
“The Act is clear and needs no further interpretation,” Uutoni said. The minister reiterated that the law is explicit and criticised local authorities for failing to comply.
“When you are not working in your area of jurisdiction, you must vacate the councillor’s. People don’t like adhering to the law,” Uutoni said.
Defense and defiance
Ndeutepo, who moved to Windhoek on July 1, 2024, after being appointed as CEO of Nammic Holdings, defended his position. He argued that the Act needs amendment and called Uutoni’s enforcement of the law “legally impossible.”
“The minister can say things to impress journalists, but if he believes he has the power to enforce this, let him try,” Ndeutepo remarked.
Despite his Windhoek-based employment, Ndeutepo insists he remains a resident of Omuthiya, citing his homestead and properties in the northern town.
“My residence has always been Omuthiya, even when I worked in Oranjemund and Ongwediva,” he said.
He also pointed out that other councillors, including bus drivers and pilots, spend significant time away from their constituencies due to work obligations.
Similar precedents
The controversy echoes a 2023 case involving Fabian George, chairperson of Ongwediva’s town council management committee, who worked full-time in Okakarara in Otjozondjupa Region. A legal opinion by Attorney-General Festus Mbandeka clarified at the time that non-resident councillors must vacate their positions, calling the Act’s provision “absolute and not discretionary.”
In 2021, the Independent Patriots for Change (IPC) removed its then Swakopmund Constituency councillor Ciske Smith-Howard, after it was found that she was not a resident in that constituency.
Impact on Omuthiya
Since Ndeutepo’s relocation to Windhoek, council operations in Omuthiya have reportedly been affected. Meetings are frequently postponed due to his unavailability to chair them. While virtual facilities were suggested to address this issue, challenges allegedly persist.
Ndeutepo confirmed that he will not seek re-election as mayor. The Omuthiya Town Council is scheduled to hold its swearing-in ceremony on January 17 in Tsumeb due to the unavailability of a magistrate in Omuthiya.
Uutoni confirmed that by residing in Windhoek, Ndeutepo is contravening Section 13(1)(h) of the Act, which mandates councillors to reside in the area of their election. The Act states that failure to do so requires a councillor to vacate their position.
“The Act is clear and needs no further interpretation,” Uutoni said. The minister reiterated that the law is explicit and criticised local authorities for failing to comply.
“When you are not working in your area of jurisdiction, you must vacate the councillor’s. People don’t like adhering to the law,” Uutoni said.
Defense and defiance
Ndeutepo, who moved to Windhoek on July 1, 2024, after being appointed as CEO of Nammic Holdings, defended his position. He argued that the Act needs amendment and called Uutoni’s enforcement of the law “legally impossible.”
“The minister can say things to impress journalists, but if he believes he has the power to enforce this, let him try,” Ndeutepo remarked.
Despite his Windhoek-based employment, Ndeutepo insists he remains a resident of Omuthiya, citing his homestead and properties in the northern town.
“My residence has always been Omuthiya, even when I worked in Oranjemund and Ongwediva,” he said.
He also pointed out that other councillors, including bus drivers and pilots, spend significant time away from their constituencies due to work obligations.
Similar precedents
The controversy echoes a 2023 case involving Fabian George, chairperson of Ongwediva’s town council management committee, who worked full-time in Okakarara in Otjozondjupa Region. A legal opinion by Attorney-General Festus Mbandeka clarified at the time that non-resident councillors must vacate their positions, calling the Act’s provision “absolute and not discretionary.”
In 2021, the Independent Patriots for Change (IPC) removed its then Swakopmund Constituency councillor Ciske Smith-Howard, after it was found that she was not a resident in that constituency.
Impact on Omuthiya
Since Ndeutepo’s relocation to Windhoek, council operations in Omuthiya have reportedly been affected. Meetings are frequently postponed due to his unavailability to chair them. While virtual facilities were suggested to address this issue, challenges allegedly persist.
Ndeutepo confirmed that he will not seek re-election as mayor. The Omuthiya Town Council is scheduled to hold its swearing-in ceremony on January 17 in Tsumeb due to the unavailability of a magistrate in Omuthiya.
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