Independent Patriots for Change (IPC) Walvis Bay Rural constituency councillor Florian Donatus says he will comply with a directive to return council funds and a vehicle, following a ministerial order.
This comes after the party restrained the councillor last month, pending ongoing investigations into alleged unauthorised transactions.
Donatus is also the chairperson of the Erongo Regional Council.
His response followed minister of urban and rural development James Sankwasa’s directive to the council on Tuesday, ordering the reinstatement of Swapo Arandis constituency councillor Benitha Imbamba.
Sankwasa also ordered Donatus to return the money he earned while serving as chairperson and the council’s car.
“I do not care about the money, they can come get it, they can deduct it from my salary, and their car is here in my garage.
“I do not have any problem with cars, I have enough cars for myself,” he told The Namibian yesterday.
The minister’s directive is in respect of the High Court order issued in August, which ruled in favour of Imbamba to be reinstated.
Imbamba was replaced after the council’s vote of no confidence and challenged the move as unlawful in March.
Sankwasa’s directive states that Imbamba is to be paid from the date of being replaced until her reinstatement.
Donatus said he would engage his lawyers regarding Sankwasa’s directive.
“It is not like I want the car. This car was assigned to me as the legally elected chairperson of the council. I am not here to fight fights that are not mine. If Sankwasa wants his money, they can deduct it,” Donatus said yesterday.
He vowed to take the issue further with Sankwasa, attorney general Festus Mbandeka, and chief regional officer Mupenzeni Ntelamo.
“I cannot be humiliated to that level,” he said.
Sankwasa did not respond to calls or messages by the time of going to print yesterday.
Lawyer Richard Metcalfe yesterday said the minister is within the ambit of the law as his directive is simply interpreting the court order, and the council should adhere to it. “The minister is 100% correct: The court order trumps everything else until it is appealed in the Supreme Court.
It has to be adhered to,” he said.
In a letter to Donatus dated 7 October, which The Namibian has seen, Ntelamo asks him to return the car.
Ntelamo declined to say why the council was not represented in court and explained that it would follow the minister’s directive.
Donatus yesterday said the council should collect the vehicle in question from his house, as this is where it has been delivered to.
He said the council made a resolution which cannot be overlooked by a minister who was appointed by one person.
Donatus said the council was not represented in court by the minister or the attorney general’s office, despite council requests.
“I understand the attorney general is preparing to make an appeal of the court order.
But I do not know why this happened. I suspect since they are all comrades of Swapo, the chief regional officer, the minister and the attorney general are doing it deliberately,” he claimed.
After a meeting with the council on 3 October, Sankwasa concluded that councillors have failed to honour the court order, “entertaining political gimmicks” at the expense of the “required good governance as per the enabling laws”.
“The councillors are not legally authorised or empowered to debate and set aside the High Court order.
The High Court order can only be set aside by the Supreme Court, which has not exercised such or nullified the issued High Court order for reinstatement.
“I have studied the court order, and I am satisfied with the decision I am making regarding this matter,” Sankwasa said.
