Africa-Press – Namibia. Despite the suspension of its board by youth and sports minister Agnes Tjongarero, a faction of the National Youth Council (NYC) convened its third general assembly in Rietfontein and elected a board of their own.
Tjongarero, meanwhile, has appointed an interim board of her own. In essence, the NYC now has two parallel boards, each claiming to be the legitimate one.
In a press statement yesterday, the minister said to prevent a leadership vacuum following the removal of the previous board in accordance with Section 17 of the National Youth Council Act, the ministry instituted interim measures to ensure
the effective execution of the council’s functions.
“Under the current circumstances, and in accordance with Section 5 of the NYC Act, the interim board is tasked with facilitating the process for convening the general assembly (GA). Additionally, the interim board will serve as the electoral committee for the general assembly. To ensure impartiality, none of the interim board members will be eligible for election to any positions during the general assembly,” she stressed.
The Tjongarero-anointed board comprises Curtis Andrew, Hendrick Theofilus, Nghoshi Panduleni, Vistoria Itta and Beverley Silas. “The interim board’s tenure will last for a period of six months or until the completion of its tasks, whichever comes first, but no later than 12 June 2025. The minister may, in accordance with Section 10 of the Public Enterprises’ Governance Act, extend the tenure by up to two months at a time, if necessary,” the minister said.
Defiance
After a legal clash on Sunday, and the case being postponed, the NYC general
assembly disregarded Tjongarero’s decisions.
Instead, they elected Veparura Kandirikira, Luciano Kambala, Yolande Sabatta, Melinda Mogotsi, Ester Simon and Simon Taapopi as new NYC board members.
“The minister suspended the board, and not the GA. Hence, we proceeded with the GA to elect our leaders who would represent us fairly and inclusively. The minister is biased in her appointment of the interim board, which only has Swapo Party Youth League members.
That is not inclusive, and we will not accept it at all. The minister cannot toy with the youth agenda as she pleases. The youth are in a crisis in this country, and now more than ever, we need inclusive representation to salvage the image and reputation of the NYC,” Popular Democratic Movement youth league leader Julia Nekwaya stated.
Meanwhile, the expelled board comprising Taapopi, Josef Petrus van der Westhuizen, Melinda Mogotsi, Rozaline Joseph and Viviane de Koe, accused the ministry of “unjust suspension, and called for a reinstatement on 14 December.
The GA started its convention on Sunday evening.
However, the minister did not issue any approval to commence the GA after the halt.
“On the basis of legal advice received from the board’s legal advisor, and in line with the relevant legal and policy frameworks of the National Youth Council of Namibia, we intend to proceed with the third session of the general assembly as planned,” former acting chairperson Eva Awases responded.
Crunch talks
The assembly encompassed significant talks on the 2024 elections, nominations and voting processes, the status and priorities of youth development in Namibia, and the NYC’s role in mainstreaming youth development.
Awases and others filed an interdict, but the High Court, without releasing reasons, postponed judgement to Thursday at 10h00.
In the affidavit of the urgent hearing which took place on Sunday evening, the suspended board faced off with the minister and four other respondents, which included the Minister of Finance and Public Enterprises Iipumbu Shiimi; NYC; Beverly Silas-!Garas; and Ansalem Marunga.
Legal brawl
In the application, lawyer Jacky Hamunyela from Sisa Namandje & Co Incorporated, representing the NYC, stated that the suspension is unlawful, contravenes the Act, and has no basis in law.
He submitted that the board was not given an opportunity to be heard before a decision was made.
“There is no contravention of any provisions of Sec 17(2) of the National Youth Council Act of 2009. You have not acted in terms of Section 4(1)(g) of the Public Enterprises Governance Act 1 of 2019. Your decision is partially based on unlawful directives,” he told the ministry in court.
“Tjongarero’s decision caused serious prejudice to the Namibian youth in general, and to those gathered to participate in the GA of the National Youth Council in particular,” he continued.
The suspended board argued that on 8 November 2024, the minister approved the guidelines and applauded them for their work, and fully supported the restructuring process.
“She also reminded the board to stick to the timelines set out in the restructuring calendar, which of course included the convening of the general assembly during December 2024,” he stated.
“The board, having secured the minister’s approval, commenced with its organisation and preparation of the general assembly and the electoral process to take place thereat, in particular from 13 to 17 December 2024,” he added.
Accordingly, the ministry’s executive director made financial provisions with respect to transportation and other related activities in the amount of N$2.5 million.
In her answering affidavit, Tjongarero stated: “The board members were appointed for four years. It is common course that absent an extension being granted, the period of their tenancy has lapsed, and the applicants are no longer members of the board of the third respondent. All the applicants, except the third and fifth respondents, were appointed on 15 December 2024, while the third was appointed on 18 December 2020, and the fifth on 21 December 2020.”
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