Allexer Namundjembo
The National Youth Council (NYC) leadership crisis has resurfaced after the suspended director, Calista Schwartz-Goagoses, through her lawyers, demanded reinstatement.
Schwartz-Goagoses was suspended earlier this year by the organization’s board, which was also suspended shortly after that, has asked the interim board to return her to her position.
Agnes Tjongarero, the minister of youth and sport, suspended the board earlier this year.
In a letter served to the interim board chairperson, to which Windhoek Observer had access, her lawyers from Shipindo and Associates argued that the suspension was unlawful.
“It is evident from this opinion that our client’s suspension was unlawful from the outset, as she was not afforded the requisite procedural fairness prior to her suspension,” the letter reads.
The lawyers further demand that Schwartz-Goagoses be granted full access to her office and relevant records, as this is necessary for her to properly exercise her duties.
“Denying her this access is tantamount to constructive dismissal, denies her the opportunity to comprehensively set out her reply and/or defence with supporting documents, and is a further violation of her rights,” the demand reads.
The interim board has been given seven days from 10 March, the date the letter was issued, to respond.
Schwartz-Goagoses was suspended with full remuneration.
The suspension followed allegations of serious misconduct and was executed to allow for disciplinary proceedings.
Additionally, she faced accusations of working without a contract since December 2021, which led to power struggles between the executive chairperson and the director.
After Schwartz-Goagoses was suspended, Attorney General Festus Mbandeka, in a document seen by Windhoek Observer, advised the minister that the board, as the appointing authority, had the power to suspend the director.
“We note that although the NYC Act of 2009 is silent on the procedure to be followed in suspending the director, he or she is entitled to an opportunity to be heard prior to the board’s decision to suspend him or her,” the document reads.
A report by the Ministerial Special Investigation Committee, released on 8 March, pointed to governance failures at the NYC.
It cited infighting, lack of policies, weak systems, and failure to follow procedures, leading to misadministration, mismanagement, and allegations of senior corruption.
“All these factors have resulted in serious non-compliance with the NYC Act of 2019 and the Public Procurement Act of 2015,” the report states.
