High Court declares Keetmanshoop council’s no-confidence vote unlawful

Allexer Namundjembo

The High Court has reinstated two members of the Keetmanshoop municipal council’s management committee after declaring the council’s vote of no confidence against them unlawful, setting aside all decisions arising from the disputed meetings.

In an order issued on Friday last week, Justice Michael Mtambo ruled that council meetings held on 7 May and 4 June 2026, at which councillors Easter Isaak and Anneliza Knaus were removed from the management committee, were convened in violation of the law, the municipality’s standing rules and the Constitution.

“The meetings convened on 07 May 2026 and 04 June 2026 were held in contravention of section 14(c) of the Act, read together with Rules 2, 17, and 19(4) of the Standing Rules and Article 18 of the Namibian Constitution. Accordingly, both meetings, together with all resolutions and decisions adopted therein, are declared unlawful, null, and void,” Mtambo ruled.

The court further found that the motion of no confidence itself was procedurally defective.

“The motion and the subsequent vote of no confidence are hereby declared unlawful, invalid, and void ab initio for failure to comply with Standing Rule 13(1) and are accordingly set aside,” the order reads.

The judge reviewed and set aside the council’s decisions removing Isaak and Knaus from the management committee and ordered that they be restored to their positions.

“The applicants are hereby restored to their positions or seat as members of the Management Committee for the Municipal Council of Keetmanshoop,” the court ordered.

Mtambo also overturned all actions taken to implement the resolutions, including the swearing-in of replacement management committee members, unless those actions had already been stopped by an earlier urgent court order.

The municipality of Keetmanshoop was ordered to pay the applicants’ legal costs on an attorney-and-own-client scale for the urgent application and on a party-and-party scale for the review application.

A legal battle over Keetmanshoop municipal council’s leadership has concluded, with the High Court nullifying meetings held on 7 May and 4 June.

Judge Thomas Masuku had initially granted urgent interim relief to LPM councillors Isaak and Knaus, restoring them to the management committee and blocking the municipality from swearing in replacements.

The dispute stemmed from the collapse of the LPM-IPC coalition, after IPC councillors passed a no-confidence motion against the two LPM representatives. Isaak and Knaus argued the meetings were unlawfully convened and breached the Local Authorities Act.

The case highlights deeper political instability: on 5 June, the LPM recalled mayor Melody Swartbooi after just six months, citing “talent redeployment,” sparking local opposition and suspensions of party leaders.

Swartbooi alleged her dismissal was retaliation for refusing to interfere with an ACC investigation into a N$3.4 million contract, and claimed senior leaders falsely accused her of collaborating with SWAPO.

With the court now voiding the no-confidence vote and all subsequent decisions, Isaak and Knaus are reinstated, marking a significant resolution to one of the council’s most turbulent periods.

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