Africa-Press – Namibia. Councillors are accountable to the community and the council, not their political parties.
This was the message from Attorney General Festus Mbandeka, who ruled that Independent Patriots for Change (IPC) cannot legally restrain Walvis Bay Rural councillor Florian Donatus from fulfilling his mandate.
Walvis Bay Rural councillor Florian Donatus cannot be barred from carrying out his official duties, despite disciplinary measures by his party, IPC.
Mbandeka advised the Erongo Regional Council that party instructions have no bearing on a councillor’s statutory obligations.
In a letter seen by New Era, the Erongo Regional Council sought advice from the Attorney General on the matter.
Mbandeka, in the letter, stated that the action taken by IPC is considered an internal party measure with no legal effect on the councillor’s statutory responsibilities.
He explained that councillors, once elected, owe their duties to the council and the community, not solely to their political party.
Earlier this month, IPC restrained Donatus from acting on behalf of the party, pending investigations into allegations of corruption.
The restraint follows a fraud and theft case opened by the Erongo Regional Council after goods worth over N$116 000 were purchased on the council’s account without authorisation from Metro Swakopmund.
Although no individual was directly implicated, IPC restricted Donatus to allow for an internal investigation.
According to the Attorney General, once elected, councillors owe their duties to the council and the community, not only to the party that nominated them.
“IPC’s letter is an internal party measure and has no legal effect on the councillor’s statutory responsibilities. While IPC may impose internal disciplinary actions, including suspension or loss of party membership, the council must allow councillor Donatus to continue carrying out his official functions,” the opinion reads.
Mbandeka clarified that allegations of corruption should be addressed through the formal mechanisms of the council’s Code of Conduct, not by unilateral party directives.
“The council’s role is limited to noting the party’s letter while continuing to operate in accordance with the Regional Councils Act, 1992.
The councillor remains entitled and obliged to perform his official duties until such a time that his membership of IPC is lawfully terminated, or he is convicted under the Act,” the letter states.
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