Justicia Shipena
//Kharas Regional Council chairperson Joseph Isaacks says the government’s plan to swear in newly elected regional councillors today risks rendering council decisions invalid and raises legal concerns. He argues that the Ministry of Urban and Rural Development (MURD) set a date that falls outside the timeframe required by law.
This follows a circular issued by minister of urban and rural development James Sankwasa on 28 November 2025, which informed outgoing political office bearers that their terms ended on 25 November. He instructed them not to introduce new legislation, policies or resolutions after that date, because such actions would have no legal effect.
On Wednesday, Sankwasa issued another circular directing regional and local authorities to prepare for the swearing-in of new councillors on 5 December.
He said the ceremony and the first meetings of councils must be presided over by local or district magistrates.
The executive director of the ministry, Wilhemine Shivute, also wrote to the judiciary on December 2, instructing magistrates to oversee the election of chairpersons, National Council members, mayors, deputy mayors, and management committees on the same day.
Isaacks objected to the directive in a letter dated 4 December, addressed to chief magistrate Venessa Stanley.
He said the set date violates section 11(1)(a) of the Regional Councils Act, which requires the first meeting of a regional council to be held not later than seven days after a general election.
“The use of the word ‘shall’ denotes a mandatory legal requirement, not a discretionary one,” he wrote.
He said the Act does not allow extensions or exemptions and that no amendment or court ruling has changed the interpretation of the statute.
“There is no statutory provision authorising the deferral of swearing-in ceremonies to the ninth day following elections. Any decision to proceed with the late swearing-in would therefore be ultra vires,” he stressed.
Isaacks warned that councillors acting before being lawfully sworn in could expose councils to legal challenges.
He said this may place the legitimacy of council activities at risk and create uncertainty in decision-making.
He also noted that outgoing office bearers lost their authority on 25 November, as stated by the minister, which creates a governance gap while new councillors have not yet assumed office. He said the move undermines the rule of law, a principle protected under Article 1(1) and Article 1(6) of the Constitution.
Isaacks declared a formal dispute over the swearing-in date and asked the ministry to give legal justification for scheduling it beyond the statutory window.
He called for an immediate review of the directive and urged authorities not to subscribe to political majoritarian rules.
“Let the illegal and unlawful and unprocedural swearing-in be stopped,” he said.
He added that upholding statutory requirements is essential for accountable governance.
Isaacks copied his letter to President Netumbo Nandi-Ndaitwah, Sankwasa, the judiciary and all political parties registered with the Electoral Commission of Namibia (ECN).
The ministry is yet to respond to his objection. The swearing-in remains set for today, unless the directive is withdrawn or changed.
