Spurned academic attacks Nust head appointment

UNIVERSITY of Namibia academic Frednard Gideon can expect to hear by the middle of June if he has succeeded with an attempt to set aside the appointment of a rival candidate as vice chancellor of the Namibia University of Science and Technology (Nust).

In a case argued before judge Hannelie Prinsloo in the Windhoek High Court yesterday, Gideon is asking the court to review and set aside the Nust council’s decision in November 2020 to appoint former fellow Unam academic Erold Naomab as vice chancellor of Nust.

Gideon also wants the court to review and set aside a decision of a joint committee of the Nust council and senate which recommended the appointment of Naomab as vice chancellor.

He is asking the court to further declare that the employment agreement between Nust and Naomab is invalid, and to refer the appointment of a vice chancellor for the university back to the Nust council to be considered again.

Nust and Naomab are opposing Gideon’s legal action.

Gideon is alleging that the Nust council and the committee that made the appointment recommendation to the council failed to properly apply their minds.

He also says the decision to appoint Naomab, instead of himself as vice chancellor was unreasonable, given that he received a higher score than Naomab when their merits as candidates for the vice chancellor post were considered.

On top of that, Gideon is claiming that the employment agreement between Nust and Naomab is unlawful, as the minister of higher education, training and innovation did not approve the benefits – such as a car allowance – which Naomab is receiving in addition to his annual salary of N$2,3 million.

In arguments filed with the court, one of Gideon’s lawyers, Sisa Namandje, noted that an agent appointed to evaluate the applications of Gideon and Naomab recommended Gideon for the position while expressing concern about the integrity and fitness of Naomab.

Namandje argued that the process to recruit a vice chancellor for Nust was manipulated and maladministered, and that this subverted the fairness, reasonableness and rationality of the appointment.

On behalf of Nust, lawyer Jean Meiring argued that Gideon did not come near making out a case for the orders he wants the court to make.

He argued that the decisions made by the committee which considered the applications and decided to recommend the appointment of Naomab, and the council’s decision to appoint Naomab, were reasonable and rational.

Meiring said the committee and the council approached the appointment of a vice chancellor with a sense of diligence, care and caution.

The two candidates’ applications were looked at holistically, and it was not only the scores they had been given after they had been interviewed and had made public presentations in support of their applications which were considered, he argued.

Meiring recounted that the committee initially had doubts about both candidates and decided not to make a recommendation to the council, but the council then referred the matter back to the committee and required it to make a recommendation.

After that, the committee decided by a vote of three against two to recommend Naomab.

Having received that recommendation, the council decided to appoint Naomab. Nine council members were in favour of his appointment, while five were against.

Meiring, and also Norman Tjombe, representing Naomab, argued as well that an exaggerated claim made by Gideon, who said he had authored 90 scientific articles and supervised 30 000 master’s and doctoral students during his academic career, left a blemish on his integrity and was not explained by him in documents filed with the court.

The judge postponed the delivery of her judgement to 15 June.

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