Lawyer Sisa Namandje has on behalf of Directorate of Legal aid lawyer Eva Maria (Nangolo) Phillemon threatened to sue justice minister Yvonne Dausab in the High Court if she does not reinstate Phillemon as a legal aid counsel, with a right to appear in the country’s courts, by the end of today.
This comes after Dausab on Tuesday decided to revoke Phillemon’s appointment as legal aid counsel, following controversial remarks that she made about Damara people on Twitter.
Namandje has given Dausab until the end of business today to withdraw her decision. In a letter addressed to Dausab yesterday, he said if Dausab failed to reverse her decision he would approach the High Court by no later than 12 April.
“I am not at liberty to discuss any issue related to that matter. It is now subject to our internal process,” Dausab said when approached for comment.
As a legal aid counsel, Phillemon was responsible for the provision of legal aid to citizens who cannot afford their own legal costs in civil and criminal matters.
Namandje said the minister’s decision had far-reaching and serious consequences for Phillemon’s rights, reputation and career.
“The decision further and continuously causes our client to suffer stigmatisation given the public nature of the decision considered together with the public statements made by both the minister and the executive director to the media,” Namandje said in his letter to Dausab.
Namandje said Dausab did not have the jurisdiction and power to revoke Phillemon’s appointment as legal aid counsel, and added that her decision is invalid.
He also claimed Dausab did not follow the proper procedures before making the decision.
“Our client was not consulted or given an opportunity to be heard prior to your decision,” Namandje wrote.
Meanwhile, Legal Assistance Centre director Toni Hancox said the minister has discretionary power to withdraw an appointment.
“I assume that Phillemon would have been given the opportunity to explain her actions before a decision was made,” Hancox said.
Phillemon on Sunday caused a public uproar when she went on her Twitter account to post negative stereotypes associated with Damara/Nama people.
In the post, she associated Damara people with breaking bottles, knife stabbings, insults and having no cultural identity.
In a previous tweet from October last year, she blasted the Damara people for being recurring recipients of food bank aid, saying that they are queuing up day after day with a begging bowl.
“It’s a disgusting way of living and it must end,” Phillemon wrote at the time.
Lawyer Norman Tjombe has commented that Phillemon’s conduct is specifically outlawed by the Racial Discrimination Prohibition Act of 1991.
Tjombe said such prejudiced views would now require the justice ministry and its legal aid directorate to review all the cases in which she acted for people, to determine whether or not effective legal representation was provided, and take urgent remedial action, including approaching the courts for re-trials or acquittals.
“It should be noted that the typical client of the Directorate of Legal Aid would be the persons of extreme poverty, unsophisticated in law and in desperate need for a competent passionate lawyer,” Tjombe said.
