Justicia Shipena
The Roads Authority (RA) could spend more than N$3 000 per hour on external lawyers for the appeal case involving two of its dismissed senior executives.
This is, as the RA already spent about N$400 000 on the matter.
The parastatal’s legal, corporate governance and compliance department has set aside N$8 million for legal fees for the 2026/2027 financial year.
This is contained in an internal document dated 12 March 2026 and seen by the Windhoek Observer.
The memo was addressed to its chief executive officer Hippy Tjivikua through the procurement committee.
The document, issued by the legal, corporate governance and compliance division, requests approval to appoint Kopplinger Boltman Legal Practitioners to continue representing the Roads Authority in the disciplinary appeal of former executives Richard Milinga and Sidney Boois.
“To request the procurement committee to endorse and the chief executive officer to appoint Kopplinger Boltman Legal Practitioners… to continue representing the Roads Authority for an amount not exceeding N$400 000.00 (inclusive of VAT), which amount is fair and reasonable,” the document states.
The memo shows that the same law firm had already been appointed for the matter, with an initial allocation of N$400 000 which has been fully used.
“Kopplinger Boltman was appointed again to continue representing the Roads Authority in the same matter for an amount of N$400 000, which has since been depleted,” the document notes.
However, RA’s legal division said it was difficult to estimate legal costs in advance.
“In view of the fact that this is a litigious matter, it was practically impossible to provide actual figures for legal fees at the time of appointment.”
The Roads Authority is seeking to bypass the normal tender process for legal services.
“The acquisition of legal services is exempted from the normal tender process; a direct appointment is being sought,” the memo states.
The request was signed by the acting executive officer for legal, corporate governance and compliance on 13 March. It was supported by procurement and tender compliance manager Julia Akwaanyenga and endorsed by procurement committee chairperson Dia-Maria Shivute on 19 March before submission to Tjivikua.
The case relates to a disciplinary process that began on 1 June 2023, with sanctions issued in February.
Boois and Milinga filed an appeal on 24 February.
RA’s legal department said the same firm should continue handling the case due to its prior involvement.
“Therefore, the continuation of Kopplinger Boltman needs to continue the engagement.”
This week, Tjivikua opposed an urgent High Court application by Boois and Milinga.
Tjivikua said the two are trying to create urgency where none exists.
He said an appeal hearing was held on 16 March within the required timeframe, with a chairperson appointed through an extension of an existing contract.
Boois and Milinga are challenging both the outcome and fairness of the disciplinary process. They are seeking urgent reinstatement.
Tjivikua said their delay in going to court weakens their claim.
He said the matter should be handled through labour dispute processes and not the High Court.
The dismissals relate to a N$16 million vehicle procurement case. Boois and Milinga argue that the process was flawed and involved interference.
They claim the disciplinary chairperson was pressured to finalise the case within set timelines. They also said key evidence was ignored.
They argue the ruling was inconsistent, saying there was no guilty finding at one stage but the final outcome found them guilty.
Boois denied wrongdoing in the procurement process and said approvals were handled by the procurement committee. He also rejected claims that he misrepresented approval from the RFA.
Milinga denied instructing staff to receive vehicles improperly and said the evidence does not support the allegations.
Their lawyer said the disciplinary process contained “serious errors” and that the dismissals were unfair.
