Urban and rural development minister James Sankwasa does not support the Rundu Town Council’s plan to extend current chief executive officer (ceo) Olavi Nathanael’s contract for another five years.
Sankwasa has advised the town council to advertise the position to ensure a transparent and competitive recruitment process.
Sankwasa expressed opposition to the CEO’s contract extension, stating it was driven either by nepotism, tribalism or political ties, rather than performance.
He told Nampa on enquiry on Monday that he has no personal opinion on the matter, calling it a legal issue, and stressed that anyone who misinterprets the law, does so at their own risk.
Nathanael was appointed on a five-year contract, beginning on 3 May 2021 and ending on 2 May 2026.
The Rundu Town Council notified Sankwasa on 7 October this year of its intention to renew Nathanael’s contract on a recommendation of the town council’s management committee and in line with a section of the Local Authorities Act of 1992.
The town council also informed the minister that a performance evaluation for Nathanael was conducted on 16 September this year based on the adopted strategic plan objectives and key performance indicators. A report from that evaluation was also attached for his attention.
The council stated that, having supervised the CEO for the past five years, it believed it was best positioned to decide whether retaining Nathanael serves its interests.
Nathanael formally accepted the contract extension on 7 October. However, on 27 October Sankwasa informed the town council that renewing the CEO’s contract is not advisable at this stage.
Sankwasa said the renewal of a CEO’s contract should be based on provable work performance in terms of a performance management system.
“Currently, Rundu is one of the dirtiest and poorest service-rendering councils in the country,” the minister remarked.
The town council then sought legal advice to determine whether the minister has the mandate to disapprove a CEO’s contract extension.
On 7 November, the council received a legal opinion from its lawyer, Nuncia Sikongo, stating that the council’s renewal resolution is lawful under the Local Authorities Act and contractually valid.
Sikongo added that the minister’s objection is advisory and non-binding, although it should be formally acknowledged and responded to in writing.
“All supporting records should be filed for audit and litigation preparedness. Should the conflict persist, a declaratory order may be sought to confirm the council’s autonomy in renewal decisions,” she said.
Sikongo further advised that, as a matter of administrative prudence, the council should maintain transparent communication with the ministry, while firmly asserting its statutory mandate.
– Nampa
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