Justice minister Yvonne Dausab is disputing that former legal aid counsel Eva Maria Phillemon, whose appointment as a legal aid lawyer was withdrawn in the wake of remarks about Damara people that she made on social media, is still employed by the Ministry of Justice.
Dausab’s claim about Phillemon’s status as a public service staff member is made in an affidavit filed at the Windhoek High Court, and also featured in oral arguments heard in court by judge Orben Sibeya on Tuesday.
Sibeya heard arguments on an application in which Phillemon is asking the court to review and set aside a decision of Dausab on 4 April to withdraw her appointment as legal aid counsel. She is also asking the court to declare that Dausab’s decision went beyond her powers in terms of the Legal Aid Act.
After hearing arguments from lawyers Sisa Namandje, representing Phillemon, and Patrick Kauta, who represented the justice minister, Sibeya postponed the delivery of his judgement to 14 December.
Dausab withdrew Phillemon’s appointment as legal aid counsel a day after a social media furore erupted about remarks that Phillemon had made on Twitter.
In the remarks, Phillemon commented on photographs of people in traditional Damara dresses and stated: “For once, the Damara people are doing something beautiful, cultural identity.”
She added: “I love this!”
Then, however, she continued: “This overshadow that violence image of breaking bottles, knife stabbing, insults, no culture identity that I only know of them.” (sic)
In an affidavit dated 25 July, Dausab said Phillemon’s remarks were an “inflammatory tribal tweet”. Dausab also commented that with her tweet, Phillemon “failed to appreciate and to recognise the impact of the legacy of apartheid and racial and tribal segregation on the Namibian nation”.
She further stated that Phillemon’s remarks created doubt about her ability to act objectively and impartially as legal aid counsel who might have to represent people from an ethnic group she termed violent, bottle-breaking and knife-stabbing.
Also in her affidavit, Dausab denied that Phillemon is still employed by the Ministry of Justice.
According to Dausab, in terms of the Public Service Act, Phillemon is deemed to have been dismissed, because she was absent from work without approval from the justice ministry’s executive director for a period of more than 30 days during April, May and most of June this year.
Dausab also said Phillemon’s appointment as legal aid counsel near the start of September 2020 was conditional, for a period of 12 months, and that her appointment lapsed at the end of August 2021.
In a replying affidavit, Phillemon said she provided sick leave certificates for the period of 5 April to 20 June to the ministry, and reported for work at the executive director’s office on 27 June.
After another absence due to illness from 5 July, she returned to work on 24 July, and has been working since then, she said.
Namandje argued that the Legal Aid Act does not give Dausab the power to withdraw a legal aid counsel’s appointment because of something the person did in her personal capacity, and that was not part of her performance as legal aid lawyer.
He also argued that Dausab should have given Phillemon an opportunity to be heard before she decided to withdraw her appointment.
“The minister was too hasty,” Namandje said. He further argued that Dausab decided to withdraw Phillemon’s appointment because of public pressure, and that this was not a valid ground for the minister’s decision.
Kauta argued that Phillemon’s employment in the public service has ended, and that her appointment as legal aid counsel also ended after 12 months.
With her remarks on Twitter, Phillemon “went on a tribal tirade, inciting disharmony”, Kauta said.
He further argued that Dausab tried to give Phillemon a hearing before she made her decision to withdraw her appointment, but Phillemon “ran away” from work after her tweet sparked a backlash.
Phillemon will get a chance to be heard at a disciplinary hearing, Kauta also remarked.
In an age of information overload, Sunrise is The Namibian’s morning briefing, delivered at 6h00 from Monday to Friday. It offers a curated rundown of the most important stories from the past 24 hours – occasionally with a light, witty touch. It’s an essential way to stay informed. Subscribe and join our newsletter community.
The Namibian uses AI tools to assist with improved quality, accuracy and efficiency, while maintaining editorial oversight and journalistic integrity.
Stay informed with The Namibian – your source for credible journalism. Get in-depth reporting and opinions for
only N$85 a month. Invest in journalism, invest in democracy –
Subscribe Now!
