THE Namibia Sports Commission ignored an order by the youth ministry and the attorney general to cut the salary of its chief administrator Simataa Freddy Mwiya, who was also asked to repay the taxpayers’ money he was overpaid with for close to two years.
The commission, whose mandate is to “facilitate the development of a competitive and committed sporting nation”, continuously enriched Mwiya and a finance manager, amid allegations of cronyism and political protection at the institution.
Mwiya, who manages an institution of 11 officials, currently earns N$1,2 million a year, while public enterprises’ salary regulations dictate that he should not earn more than N$1,1 million. Documents show that the board decided in April this year that he should earn below N$1 million.
Mwiya’s salary is N$100 000 less than the N$1,3 million earned by prime minister Saara Kuugongelwa-Amadhila. The premier manages a civil service of over 100 000 people.
The commission’s head of finance, Junias Hamalua, earns close to N$900 000 a year, while regulations state he should not earn more than N$580 000. His package was increased by about N$400 000 last year, and it puts his salary close to what a minister earns.
There is now an ongoing dispute whether the two are overpaid.
Mwiya told his associates that he is not overpaid.
But this controversy prompted attorney general Albert Kawana to issue a 17-page legal opinion sent to the sports ministry in March this year, which stated that the huge salary adjustments paid to Mwiya and Hamalua in the past two years were illegal and invalid.
This led the youth ministry’s executive director, Emma Kantema-Gaomas, to write a letter on 3 April for the sports commission to cut and demand paybacks from the two officials.
“The rectification of salary adjustments, in this instance, would result in the discontinuation of the adjusted salaries, and reverting to the salaries paid to executives prior to the adjustments,” she said in a letter sent to the commission’s chairperson, Joel Matheus.
Matheus is said to be a close friend of Mwiya.
Kantema-Gaomas said: “The ministry requests the commission to adjust towards acceptable salary notches that will form part of the commission’s monthly subsidy request for the 2019/20 financial year”.
She referred the commission to the government’s salary regulations of state-owned entities.
“Reimbursement in recovery payments of a portion of the salaries that were paid to the executives representing such adjustments (for the period 17 September 2017 to 31 March 2019) to be effected,” she added.
Mwiya’s pay package ballooned from N$753 000 annually in April last year.
The executive director said the money should be repaid and guided by the internal policies of the commission, provided that such policies are not contrary to the provisions of the Labour Act, 2007.
Kantema-Gaomas declined to comment this week.
“I am out of town. Kindly take note that this matter was elevated to the minister, hence he is best-placed to respond,” she said.
Documents seen by show that the commission had a board meeting on 15 April 2019, around two weeks after Kantema-Gaomas’ letter.
Three decisions were taken at that meeting.
It includes discontinuing the “unauthorised” salary of the chief administrator and financial administrator as advised by Kawana, effective 1 May 2019.
The board also decided to repay the shortfall/excess salaries during the period 1 April 2018 to 30 April 2019.
The commissioners agreed that the new salary package for the executives will be paid based on the 2018 directive for state-owned enterprises.
As a result, the commissioners said the chief administrator will be paid N$903 100 per year as total cost to company, while the financial manager will earn N$570 200 a year.
That meeting also resolved that previous commissioners who were employed in the government should pay back what they received.
“All board members who held full-time employment in the government must repay all sitting and retainer fees advanced to them as a result of the service they rendered to the Namibia Sports Commission. Members are advised to make arrangements with the office how they will do the repayment,” the letter read.
“With an appeal in place, the decision taken is pending, as is the case in any dispute resolution situation. The matter is no longer in our hands, and I therefore cannot comment further until such time that the appeal is resolved,” he added.
Sources said Matheus and Mwiya are politically protected, which is why the decision to pay back the money is not enforced.
Sports minister Erastus Uutoni is accused of shielding the two commision officials at a time when the government is counting its pennies. He, however, told The Namibian yesterday that he has taken action.
