Africa-Press – Namibia. FORMER Namibia Football Association (NFA) technical director Timothy Tjongarero is taking his current employers, the Ministry of Sport, Youth and National Service, the NFA and the prime minister to the High Court after losing a N$3,6 million labour case.
Tjongarero dragged the football association to the Labour Court in 2020 demanding to be paid N$3,6 million in unpaid salaries and bonuses.
However, he lost the labour case in a ruling delivered on 12 August 2022.
“In the final analysis of all the evidence and arguments advanced thereto, I am at pains to point out that the applicant’s secondment was done in conflict with the Public Service Act, and as a result his claims are null and void. The matter is hereby dismissed,” said Labour Court arbitrator Immanuel Heita at the time.
Giving his reasons, Heita said the Public Service Act provides guiding principles on the secondment process in the public service.
Firstly, Heita said, it requires that for an employee to be seconded, the prime minister’s approval is required on recommendation of the Public Service Commission.
Secondly, Heita said, the act requires that an approval from the prime minister on the recommendation of the commission must be obtained for a staff member to retain any sort of payment from any institution where he or she is seconded.
“None of the above was adhered to in the secondment of the applicant to the NFA, therefore I am confident that the purported secondment of the applicant from the ministry of sport to the NFA was illegal,” he said.
Tjongarero has now taken the matter to the High Court.
NFA secretary general Jochen Traut last week said the matter has now been elevated to the High Court.
“The NFA cannot comment on a matter that is still under consideration by the process of the law. Yes, the NFA is aware of the Labour Court outcome, and the matter is now serving at the High Court,” he said.
Court documents show that Tjongarero is now demanding N$900 000 plus interest at a rate of 20% per year.
He also wants the the defendants to cover his legal costs.
Tjongarero, who is currently employed as a senior sport of officer in the sport ministry, was seconded to the NFA from 2010 to 2019, where he held several positions, including that of technical director.
He was paid N$45 000 per month as a technical director.
Tjongarero, who was represented by law firm Weder, Kauta & Hoveka Inc, said their client was not paid for 41 months between April 2019 and August 2022.
NFA lawyer Norman Tjombe has, however, warned that making payment to Tjongarero on any part of his claims would be unlawful.
In a letter dated 11 June 2021, Tjombe told the NFA and Tjongarero that his secondment to the football association was not procedurally in line with the Public Service Act.
“Dismissed by who?” Tjongarero said when approached for comment yesterday.
“No comment,” he said when The Namibian told him the case was dismissed by Heita.
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