Evidence contradicts Shiimi’s denials in NYC fiasco
Despite the Ministry of Finance and Public Enterprises denying any direct involvement in the affairs of the National Youth Council (NYC), including the suspension of its senior officials, evidence obtained by Namibian Sun reveals that Finance Minister Ipumbu Shiimi approved the suspension of NYC director Calista Schwartz-Gowases.
Documents further indicate that Shiimi’s endorsement of Schwartz-Gowases’ suspension went against the legal opinion provided by the office of the attorney-general.
Last week, Namibian Sun reported that Youth Minister Agnes Tjongarero had failed to implement the resolutions from an investigation report into the NYC’s affairs in a timely manner. Defending her actions, Tjongarero explained that she had to wait five months for a legal opinion from the attorney-general’s office and another three months for a response from Shiimi before she could act on the report’s recommendations.
In a statement issued last Thursday, the finance ministry maintained that NYC, as a non-commercial public enterprise, falls under the direct jurisdiction of the youth ministry.
“The [media] reports in question misrepresent the governance structure by erroneously attributing responsibility to the [Ministry of Finance] for matters pertaining to the NYC, a non-commercial entity,” the ministry said.
However, a letter dated 28 March 2024, signed by Shiimi and addressed to NYC Board of Council vice-chairperson Josef Petrus van Der Westhuizen, explicitly endorsed Schwartz-Gowases’ suspension.
“Having considered the content of your letter and that of the report by the independent investigation committee, I hereby grant the board approval to suspend the director of the National Youth Council. This permission is given in line with Director 3/2016 issued by the Ministry of Public Enterprises on 10 February 2016,” Shiimi wrote.
He further stated: “I have consulted the Honourable Agnes Tjongarero in this regard.”
The 8 March 2024 investigation report recommended the suspension of both Schwartz-Gowases and NYC executive chairperson at the time, Sharonice Busch. However, Shiimi only approved Schwartz-Gowases’ suspension, raising questions about why Busch was spared.
Additionally, in a letter dated 1 June 2024 to the law firm Ueitele & Hans Incorporated, which was representing Schwartz-Gowases, Shiimi refused to share the investigation report with them. The firm had requested access to understand the basis of his decision. Shiimi justified withholding the report, stating that it was still under review and could potentially be referred to the Anti-Corruption Commission (ACC) and the office of the inspector-general of the Namibian Police for further investigation.
A legal opinion from the office of the attorney-general, dated 10 July 2024 and seen by Namibian Sun, stated that the NYC director should have been given a fair hearing before any suspension was enforced.
“The director, as a staff member appointed by the board, may be suspended from her primary position by the board as the appointing authority. We, however, note that although the NYC Act, 2009 is silent on the procedure to be followed in suspending the director, she is entitled to an opportunity to be heard before the board’s decision to suspend her,” the legal opinion stated.
When contacted for comment, Schwartz-Gowases confirmed that she was not given the opportunity to present her case before the board, with Shiimi’s approval, moved to suspend her.
The 8 March 2024 report, conducted by a special committee, highlights serious governance and accountability failures within the NYC. The report details how millions in taxpayer funds have been channelled into the institution over the years without proper financial records or audited statements to account for the expenditure.
Documents further indicate that Shiimi’s endorsement of Schwartz-Gowases’ suspension went against the legal opinion provided by the office of the attorney-general.
Last week, Namibian Sun reported that Youth Minister Agnes Tjongarero had failed to implement the resolutions from an investigation report into the NYC’s affairs in a timely manner. Defending her actions, Tjongarero explained that she had to wait five months for a legal opinion from the attorney-general’s office and another three months for a response from Shiimi before she could act on the report’s recommendations.
In a statement issued last Thursday, the finance ministry maintained that NYC, as a non-commercial public enterprise, falls under the direct jurisdiction of the youth ministry.
“The [media] reports in question misrepresent the governance structure by erroneously attributing responsibility to the [Ministry of Finance] for matters pertaining to the NYC, a non-commercial entity,” the ministry said.
However, a letter dated 28 March 2024, signed by Shiimi and addressed to NYC Board of Council vice-chairperson Josef Petrus van Der Westhuizen, explicitly endorsed Schwartz-Gowases’ suspension.
“Having considered the content of your letter and that of the report by the independent investigation committee, I hereby grant the board approval to suspend the director of the National Youth Council. This permission is given in line with Director 3/2016 issued by the Ministry of Public Enterprises on 10 February 2016,” Shiimi wrote.
He further stated: “I have consulted the Honourable Agnes Tjongarero in this regard.”
The 8 March 2024 investigation report recommended the suspension of both Schwartz-Gowases and NYC executive chairperson at the time, Sharonice Busch. However, Shiimi only approved Schwartz-Gowases’ suspension, raising questions about why Busch was spared.
Additionally, in a letter dated 1 June 2024 to the law firm Ueitele & Hans Incorporated, which was representing Schwartz-Gowases, Shiimi refused to share the investigation report with them. The firm had requested access to understand the basis of his decision. Shiimi justified withholding the report, stating that it was still under review and could potentially be referred to the Anti-Corruption Commission (ACC) and the office of the inspector-general of the Namibian Police for further investigation.
A legal opinion from the office of the attorney-general, dated 10 July 2024 and seen by Namibian Sun, stated that the NYC director should have been given a fair hearing before any suspension was enforced.
“The director, as a staff member appointed by the board, may be suspended from her primary position by the board as the appointing authority. We, however, note that although the NYC Act, 2009 is silent on the procedure to be followed in suspending the director, she is entitled to an opportunity to be heard before the board’s decision to suspend her,” the legal opinion stated.
When contacted for comment, Schwartz-Gowases confirmed that she was not given the opportunity to present her case before the board, with Shiimi’s approval, moved to suspend her.
The 8 March 2024 report, conducted by a special committee, highlights serious governance and accountability failures within the NYC. The report details how millions in taxpayer funds have been channelled into the institution over the years without proper financial records or audited statements to account for the expenditure.
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