Lüderitz RDP councillor hits back
I, wish to respond to a newspaper article under the heading “Awol Luderitz Councillor faces dismissal.” published in the Namibian Sun of June 28.
I rubbish the allegations of my suspension and the authority under which it was done.
The Luderitz Town Council is illegally constituted since 2 December 2011 and therefore has no authority to act as a legitimately constituted council.
The issue, whether or not to suspend me, is not an issue at their discretion.
The only issues to be dealt with is them taking on the duties and functions of a legitimate council while they were duly informed regarding their unlawful constitution, and; consequences of their actions functioning as a legitimate council since Friday, December 2, 2011.
I received an invitation under the hand and signature of the acting chief executive officer, Mr. Eric Langer, dated 27 June 2012, to attend a meeting to provide me with an opportunity to be heard as per Council Resolution C66/21/06/2012 which reads as follows:
“1. Council to summon or provide Cllr. Hercules with an opportunity to be heard prior to any recommendation to be made to the Minister and also in adherence to the provisions of Section 13(2) in the Local Authorities Act, Act 23 of 1992 which clearly stipulates that:
“The Minister my remove by notice in writing any member of a local authority council from office, if, on recommendation of the local authority council concerned and after having given such member an opportunity to be heard . . .The letter further noted: “There is sufficient proof that you have willingly or intentionally breached the provisions of the Local Authorities Act.
That is, you have absented yourself for more than three consecutive meetings of the council as per Council meetings dates.
I attended, and was present at a meeting on Friday, 2 December 2011, to elect management members of the Lüderitz Town Council.
Friday, December 2, 2011 recorded the last day of term of office of the mayor and deputy mayor in terms of section 11(4) (a).
Absent from the meeting of December 2, 2012 were members Abraham Nekomba, the deputy-mayor and Hilaria Mukapuli, the chairperson of the management committee whose term of office expired on the same Friday.
The meeting was duly constituted with five members, Susan Ndjaleka, Silas Hamukwaya, Calvin Mwiya, Festus Kamati and myself present to elect new management members.
None of the five members in attendance held proxy to nominate and vote for Abraham Nekomba and Hilaria Mukapuli who were absent from that meeting.
The two members absent were therefore not eligible to be elected as management members.
At the meeting December 2, Susan Ndjaleka was nominated and elected as mayor, Calvin Mwiya as deputy-mayor while three members remained to be elected as management members.
However, when the nomination and election processes resumed after the election of a mayor and a deputy-mayor, Silas Hamukwaya, contrary to the Local Authorities Act, was nominated and elected as chairperson of the management committee.
Festus Kamati was elected as management member.
The election of management committee members on December 2 was therefore unlawful and they do not exist as a legitimate entity and had no legal status to assume the duties as a management committee.
However, I confronted them after the meeting on what they were thinking.
It was then that I was advised to my face that their mandate they have received from their party does not allow them to elect opposition members as management members.
However, almost one-and-a-half months later, I received an invitation from acting chief executive officer Eric Langer inviting me to attend the election of a management member to be held on January 18, to an already non-existent management committee.
I requested, in a letter on 17 January to advise me on the authority in law.
My letter further advised that I discard the meeting of Wednesday, January 18, 2012 as irregular and unlawful and for the same reason would not attend.
I fail to realise the logic and the law on how they have achieved legal status to function following their failed attempt to elect a legitimate management committee on December 2, 2012.
No response was forthcoming after the acting CEO’s letter of 20 January 2012, until I received notification of my alleged absenteeism from Council meetings, dated June 27.
It is only them that have to bear the consequences of their conduct by willfully assuming the duties of a management committee while they were illegal and a nullity.
This letter has been shortened -Ed