Ulenga threatens Speaker: Give me my money

THE CoD party faction under Ben Ulenga has threatened to seek a High Court order against the Speaker of the National Assembly, Theo-Ben Gurirab, if he does not hand over a Government cheque of N$300 000 to the CoD by noon today to pay the party’s accumulated expenses.

The quarterly cheque is part of State funding allocated to parties with seats in Parliament. It is the first time since Independence that a political party represented in Parliament has taken such a drastic step against the third highest Government position.In a letter to Gurirab, which is in the possession of The Namibian, Ulenga’s attorneys charge: “We are instructed you are in possession of the October 2007 quarterly cheque made out in the favour of CoD, alternatively that you hold funds earmarked for CoD, which you unlawfully refuse to hand over to our client [Ulenga].”The CoD party is divided into two factions which have barely spoken to each other since May.The split in the CoD dates back to its extraordinary congress at Keetmanshoop in May this year, when a group under Ignatius Shixwameni walked out after election results for the position of party president were announced in favour of Ulenga.Shixwameni lost by 14 votes and alleged that the process was rigged.Since then both factions have claimed to be the majority CoD group.In an attempt to heal the rift, both groups agreed to an independent audit of the Keetmanshoop voting process and to set up an interim leadership if the panel found irregularities.Ulenga, fellow MP Tsudao Gurirab, Rosa Namises and other Ulenga supporters pulled out of the process, however.The Shixwameni faction with MPs Nora-Schimming-Chase, Kala Gertze, Elma Dienda and Windhoek town councillor Herbert Schultz were expelled by Ulenga.They brought the matter before the High Court and contested the Keetmanshoop election results.On September 7 the court postponed the case to January 28 2008 but ordered that Ulenga may not remove the three MPs from the National Assembly or prevent them “from participating in activities, performing their functions and fulfilling their duties” until a judgement is made.The three expelled MPs continued to collect the monthly State cheque for the running costs of the CoD parliamentary office and the quarterly cheque, which has infuriated the Ulenga faction.”We hereby demand that you hand over such cheque to the CoD President, Ben Ulenga …by not later than noon on Tuesday, November 20 2007, failing which we are instructed to launch an urgent application in the High Court to compel you to do so,” the lawyers wrote to the Speaker.Gurirab is out of office this week on an official mission, but Nama Goabab, Secretary to the National Assembly, told The Namibian yesterday that his office was aware of the letter.”I cannot express an opinion on this matter, but can tell you that the Speaker has asked both CoD factions several times to sort out this money matter and to come back to him with a proposal.This did not happen,” Goabab said.Before she was expelled from the party by Ulenga, CoD Vice President Nora Schimming-Chase was also the Chief Whip of the party and used to receive the State cheques.Schimming-Chase is out of the country this week but she told The Namibian recently that she still regarded herself as holding these two positions until the High Court ruled otherwise.However, the Ulenga faction received an opinion from the office of the Attorney General on the High Court ruling of September 7.In their letter of November 16 to the Speaker, Ulenga’s lawyers state that the Office of the Attorney General rendered a legal opinion last month to Gurirab’s office on the September court order.”Both legal opinions by the AG advise you that the appointment of a new CoD Chief Whip is not in contravention of that High Court order.”The Ulenga faction appointed Tsudao Gurirab as Chief Whip after the split.Ulenga declined to comment on the issue yesterday.”I will not discuss this issue in the media,” he told The Namibian.It is the first time since Independence that a political party represented in Parliament has taken such a drastic step against the third highest Government position.In a letter to Gurirab, which is in the possession of The Namibian, Ulenga’s attorneys charge: “We are instructed you are in possession of the October 2007 quarterly cheque made out in the favour of CoD, alternatively that you hold funds earmarked for CoD, which you unlawfully refuse to hand over to our client [Ulenga].”The CoD party is divided into two factions which have barely spoken to each other since May.The split in the CoD dates back to its extraordinary congress at Keetmanshoop in May this year, when a group under Ignatius Shixwameni walked out after election results for the position of party president were announced in favour of Ulenga.Shixwameni lost by 14 votes and alleged that the process was rigged.Since then both factions have claimed to be the majority CoD group.In an attempt to heal the rift, both groups agreed to an independent audit of the Keetmanshoop voting process and to set up an interim leadership if the panel found irregularities.Ulenga, fellow MP Tsudao Gurirab, Rosa Namises and other Ulenga supporters pulled out of the process, however.The Shixwameni faction with MPs Nora-Schimming-Chase, Kala Gertze, Elma Dienda and Windhoek town councillor Herbert Schultz were expelled by Ulenga.They brought the matter before the High Court and contested the Keetmanshoop election results.On September 7 the court postponed the case to January 28 2008 but ordered that Ulenga may not remove the three MPs from the National Assembly or prevent them “from participating in activities, performing their functions and fulfilling their duties” until a judgement is made.The three expelled MPs continued to collect the monthly State cheque for the running costs of the CoD parliamentary office and the quarterly cheque, which has infuriated the Ulenga faction.”We hereby demand that you hand over such cheque to the CoD President, Ben Ulenga …by not later than noon on Tuesday, November 20 2007, failing which we are instructed to launch an urgent application in the High Court to compel you to do so,” the lawyers wrote to the Speaker.Gurirab is out of office this week on an official mission, but Nama Goabab, Secretary to the National Assembly, told The Namibian yesterday that his office was aware of the letter.”I cannot express an opinion on this matter, but can tell you that the Speaker has asked both CoD factions several times to sort out this money matter and to come back to him with a proposal.This did not happen,” Goabab said.Before she was expelled from the party by Ulenga, CoD Vice President Nora Schimming-Chase was also the Chief Whip of the party and used to receive the State cheques.Schimming-Chase is out of the country this week but she told The Namibian recently that she still regarded herself as holding these two positions until the High Court ruled otherwise.However, the Ulenga faction received an opinion from the office of the Attorney General on the High Court ruling of September 7.In their letter of November 16 to the Speaker, Ulenga’s lawyers state that the Office of the Attorney General rendered a legal opinion last month to Gurirab’s office on the September court order.”Both legal opinions by the AG advise you that the appointment of a new CoD Chief Whip is not in contravention of that High Court order.”The Ulenga faction appointed Tsudao Gurirab as Chief Whip after the split.Ulenga declined to comment on the issue yesterday.”I will not discuss this issue in the media,” he told The Namibian.