Ester Mbathera
Richard Metcalfe has announced his withdrawal from representing the Walvis Bay municipality in legal matters involving RedForce Debt Management Close Corporation.
He said the decision was based on findings from an investigation into the municipality’s appointment of RedForce as its exclusive debt collector and subsequent actions.
The decision was included in a report he presented to the council this week, seen by the Windhoek Observer.
“Our firm cannot continue to represent a client of your ilk who refuses to comply with the provisions of the Local Authorities Act, the Public Procurement Act 15 of 2015, its own credit control policy, and water regulations. We hereby terminate all services to the Municipal Council of Walvis Bay,” he said.
Metcalfe said that despite the provisions of the Local Authorities Act, Credit Control Policy, and Water Regulations, the Municipal Council of Walvis Bay has allowed RedForce Debt Management Close Corporation to act contrary to these regulations.
This specifically relates to the disconnection and reconnection of water services for residents, which Metcalfe said is done without legal authority.
“It is also obvious that you have no interest in the finalisation of the Report into the Appointment of RedForce Debt Management Close Corporation and/or its operations and/or the residents and ratepayers of Walvis Bay. We accordingly cease and desist with such investigation,” he said.
Metcalfe also informed the council of his firm’s intention to withdraw as legal practitioners of record in both High Court cases on July 17, 2024.
The municipality has two cases in which Metcalfe was their legal representative.
Case number HC-MD-CIV-ACT-OTH-2024/01615 is due on 26 July, while case number HC-MD-CIV-ACT-OTH-2024/01947 is due on 30 July.
Metcalfe also retracted previous statements made against RedForce and issued an apology, as per the council’s instructions.
These statements accused RedForce of fraud and dishonesty.
“The writer apologises that the facts discerned from investigations disclose apparent fraud and theft. This, however, can not be attributed to RedForce Debt Management Close Corporation, as it is now glaringly obvious that all actions of RedForce are initiated and condoned by the municipal council of Walvis Bay, as constituted by the six councillors, GM: Finance and Manager: Revenue and Credit Control. No blame can be attributed to RedForce and suspected corruption, fraud and theft is solely attributable to the Municipal Council of Walvis Bay. In such circumstances, an unreserved apology is tendered to RedForce,” he said.
The six councillors referred to are Mayor Trevino Forbes and deputy mayor Saara Mutondoka, and members of the management committee are Richard Haoeb, Ronald Noel Bramwell, Olivia Andrews, Leroy Victor, and Ryan Gordon.
Metcalfe’s investigative report revealed apparent fraud and theft.
Among the irregularities found was the imposition of a 12% collection levy on account holders, residents, and ratepayers.
This levy, according to Metcalfe, was imposed through an agreement signed by the acting chief executive officer, allegedly disregarding the provisions of Section 31(1)(c) of the Local Authorities Act, which specifically prohibits such delegation of power.
He also discovered financial irregularities, including the purported deduction of nearly N$20 million from account holders through unauthorised commissions, which the municipal council allegedly approved.
“Senior municipal employees are immune from disciplinary proceedings who occasion N$20 million loss to the Municipal Council of Walvis Bay without further investigation and/or disciplinary proceedings,” he said.
