Hertta-Maria Amiutenja
The Executive Director at the Ministry of Urban and Rural Development, Daniel Nghidinua said the Zambezi Regional Council was denied a recommendation from the Public Service Commission for the employment of Regina Ndopu-Libunda, the Chief Regional Officer of the council.
The recommendation was for the extension of the employment contract of Ndopu-Lubinda which was effective from March 2016 until February 2021.
“Following audit finding and recommendation, the Regional Council acknowledged the omission and in 2021, approached the Public Service Commission to obtain a recommendation for the period of 1 March 2016 to 28 February 2021, which request was declined by the commission. The commission advised the council to approach the Ministry of Finance in respect of the unauthorized expenditure,” he said.
Auditor General, Junias Kandjeke found this employment illegal in a report on the accounts of the Zambezi Regional Council for the financial year which ended in March 2020 that was submitted in parliament last month.
He added that Ndopu-Lubinda’s employment as Chief Regional Officer started in March 2011 on a five-year contract and all the legal procedures including the Regional Council obtaining the recommendation of the commission were followed and complied with.
“At the end of the term of the first appointment in 2016, the Zambezi Regional Council resolved to extend Ndopu-Lubinda’semployment contract for a further five years, effective from 1 March 2016 to 16 February 2021. This was done in accordance with section 23 (1)(a) of the Regional Councils Act, 1992 (Act No.22 of 1992) as amended. From our records, the Regional Council consulted and obtained the consent of the Minster on the extension on 11 February 2016. The Zambezi Regional Council, as Ndopu-Lubinda’s employer, had an obligation to also approach the Public Service Commission for a recommendation. It was found that the Regional Council has not done this,” added Nghidinua.
Subsequent to the ministry’s discoveries of the irregularities it informed the council about it and directed the council to approach the commission as required by the Public Service Act.
Moreover, he said her employment for a further period was based on an assessment of her performance during the preceding five-year contract period and because the council was satisfied with her performance
Ndopu-Lupinda is still employed as the Chief Regional Officer of the region until February 2026 and Nghidinua said it has been concluded legally.
According to Kandjeke, the extension of the contract was not recommended by the Public Service Commission and there was no evidence to prove if the matter was ever resolved.
“The Attorney General’s office advised that the contract resulted in the ultra vires action. Therefore, the auditors observed that the council have approached the Treasury in terms of section 11 subsection (3) that request the Treasury to waive the claim against such person under section 16(1)(c)(i) or to authorize under section 20 that he or she be discharged from liability,” he said.
