Hertta-Maria AmutenjaÂ
Swapo regional councillors in ||Kharas, along with their party, have filed an urgent application in the High Court to enforce a Supreme Court ruling that reinstated three councillors after their dismissal in January 2024.
The application seeks compliance with a court order issued on 9 February 2024 following a settlement agreement between the Swapo councillors and the ||Kharas Regional Council.
The applicants Oranjemund Constituency councillor, Lazarus Nangolo, ǃNamiǂNûs Constituency councillor, Suzan Ndjaleka and Karasburg West constituency councillor, Taimi Amakali, along with SWAPO, argue that the council has failed to comply with the Supreme Court ruling that ordered their reinstatement and payment.
“The continued refusal by the ||Kharas Regional Council to implement the order of the Supreme Court is not only unlawful but constitutes contempt of court,” the notice states.
They seek to resume their positions after being removed by the council, which is led by the Landless People’s Movement (LPM).
Swapo, the fourth respondent in the case, claims the dismissal was unlawful.
The court order from last year states that the decision made at the January meeting, which led to the councillors’ removal, cannot be enforced.
The councillors must continue their duties, attend meetings, and receive salaries and benefits as if the dismissal had not happened.
The dispute began when the council dismissed the three councillors in January 2024.
A settlement agreement, made by an order of the High Court in February 2024, ruled that they must remain in their positions with full remuneration and benefits.
The High Court order stated, “The First and Second Respondents shall not implement their decision taken at its special meeting held on 25 January 2024.
In particular, the First, Second and Third Applicants shall continue to serve in their positions as before 25 January 2024 and shall carry out their duties in accordance with the Regional Councils Act, including attending relevant meetings.”
Despite this, the ||Kharas Regional Council stopped the councillors’ salaries in July.
The matter went back to court, and in September 2024, the High Court reinstated them.
The council appealed, but the Supreme Court dismissed the appeal in December and reaffirmed the councillors’ right to their positions and salaries.
