Africa-Press – Namibia. UNIVERSITY of Namibia academic Frednard Gideon’s attempt to have the appointment of the Namibia University of Science and Technology’s vice chancellor declared invalid has failed in the Windhoek High Court.
Gideon’s attempt failed when an application he filed at the High Court in November 2020 was dismissed by judge Hannelie Prinsloo yesterday.
Prinsloo ordered that Gideon should pay the legal costs of the Namibia University of Science and Technology (Nust) and its vice chancellor, Erold Naomab, in the matter.
In her judgement, Prinsloo concluded that Gideon did not prove the decision to appoint Naomab, instead of him, as vice chancellor was unreasonable or irrational.
She said Nust’s council did not simply rubber-stamp the recommendation it received for the appointment of a vice chancellor before it decided to choose Naomab for the university’s top post.
Gideon sued Nust, the university’s council chairperson, the chairperson of a Nust committee that recommended the appointment of Naomab as vice chancellor, and the minister of higher education, training and innovation in a bid to have Naomab’s appointment declared invalid and to have the appointment of a vice chancellor for the university referred back to the Nust council to be reconsidered.
In his application against Nust, Naomab and the minister, Gideon alleged that the Nust council and the committee that made the appointment recommendation to the council failed to properly apply their minds.
He also alleged the decision to appoint Naomab, instead of himself, as vice chancellor was unreasonable, given that he received a higher score than Naomab when their merits as candidates for the vice chancellor post were considered.
Gideon further claimed that the employment agreement between Nust and Naomab is unlawful, as the minister of higher education did not approve the benefits – such as a car allowance – which Naomab is receiving in addition to his annual salary of N$2,3 million.
During the hearing of the case in March, South African lawyer Jean Meiring, representing Nust, argued that the decisions made by the committee which considered the applications of Gideon and Naomab and decided to recommend the appointment of Naomab, and the council’s decision to appoint Naomab, were reasonable and rational.
Meiring also argued that the two candidates’ applications were looked at holistically, and it was not only the scores they had been given after they had been interviewed and had made public presentations in support of their applications which were considered.
Gideon was represented by lawyers Sisa Namandje and Astrid Feris.
Meiring, instructed by Patrick Kauta and Esther Shigwedha, represented Nust, while Norman Tjombe and Loide Auwanga represented Naomab.
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