Martin Endjala
The Walvis Bay municipality released a statement clarifying recent events at the council’s meeting.
These allegations concern the appointment of the local authority’s acting chief executive officer, David Uushona, and RedForce, as well as the withdrawal of the municipality’s legal representative, among others.
The office of the chief executive officer issued a media statement on 22 July, stating that they submitted a proposal to the council in November 2023 to grant department heads the authority to carry out their daily duties and responsibilities, among other things.
This was done under various legislation, such as the Public Procurement Act of 2015, or certain provisions of the Local Authorities Act of 1992, as well as specific Council Regulations and Policies where powers are specifically legislated to the Chief Executive Officer.
“The resolution which has led to questioning the validity of David Uushona’s appointment was taken on 27 November 2023. Council resolve that all powers, duties, and responsibilities that are legislated for the chief executive officer to execute be conferred upon the Head of Departments who, in the normal course of business, is appointed to act in a temporary capacity for a specified short period of time or event in the stead of the CEO,” read the statement.
The statement stated that the resolution was taken to allow workflow, especially concerning procurement and other day-to-day operations.
To continue unhindered if the CEO is absent from office for short periods, such as with annual leave, sick leave, or attending to duties outside the town.
On 13 June, the Management Committee (MC) then resolved to appoint Uushona as acting CEO in line with Section 27(4) of the Local Authorities Act of 1992.
This comes after some council members from other political parties questioned the legitimacy of Uushona’s appointment and the saga involving RedForce, which saw the chamber erupt into chaos last week.
The municipality argues that the Local Authority Act allows the management committee to appoint “a staff member” as acting CEO. As a result, the management committee appointed Uushona as acting CEO, thereby asserting adherence to all processes.
The Council further touched on the RedForce issue, clarifying the alleged withholding of crucial information pertaining to the RedForce investigation.
The statement argued that the council had been cooperating throughout the process, despite the former legal representative in the matter, Richard Metcalf, saying the municipality was not cooperating.
In an email dated 11 July, in response to a letter from Metcalf Beukes Attorneys, the acting CEO, Uushona, agreed to a request to re-interview 16 staff members to finalise the investigation.
“The email, which was also sent to general managers, managers, and others, reads, “I am expecting all your cooperation in allowing the mentioned staff members to be allowed to attend the said interview slots smoothly. However, this second leg of interviews was cancelled by the legal representative and subsequently followed by an unexpected Notice of Withdrawal letter on 17 July 2024,” stated the statement.
The letter argued that the CEO urged the two suspended staff members to offer their full cooperation upon their return. This is despite the council’s resolution to nullify the termination motion.
“The Office of the CEO allowed the investigation to continue and never instructed the investigation to be halted or terminated. In addition, Uushona has presented the matter to the Anti-Corruption Commission and Central Procurement Unit. As such, the claims by Metcalf are rather surprising.,” reads the statement.
According to the statement, Uushona further encouraged investigations to continue in the interest of the affected parties and the public.
It further advised reporting any illegality, whether criminal or fraudulent, to authorities as appropriate without the Council’s authority.
Since RedForce’s appointment is subjudice in the High Court, the Council declined to comment.
“The Council reassures residents that despite a few challenges, like any other institution, we remain committed to improving service delivery and staying true to our core values,” said the council.