The High Court has ruled that a performance appraisal prepared by Namibia Sports Commission (NSC) chief administrator Freddy Mwiya for former executive for finance Junias Thomas Hamalua was a “sham”, as it did not meet the contractual requirement of continuous, annual evaluations.
The finding formed part of a judgement dismissing Hamalua’s attempt to overturn the commission’s decision not to renew his five-year contract.
High Court judge president Shafimana Ueitele said Mwiya’s February 2023 performance analysis failed to show how the former executive had been appraised throughout his contract term from 2018 to 2023.
He noted that the interim board had already decided on 28 January 2023 not to renew Hamalua’s contract and that Mwiya’s later recommendation in favour of renewal had no legal authority.
Hamalua, who joined the commission in 2017 and signed a five-year contract running until May 2023, asked the court to review and set aside the interim board’s decision not to extend his employment.
He also argued that the interim board was unlawfully appointed and that Mwiya, not the board, was the proper decision-maker regarding contract renewals.
The court rejected these arguments. It found that the board’s decision not to renew the contract was a contractual decision, not an administrative act, and therefore not subject to judicial review.
It held that, under the Namibia Sports Act, Mwiya operates under the control and direction of the board and cannot independently approve contract renewals.
Court documents seen by the Windhoek Observer show that the interim board informed Mwiya in November 2022 that Hamalua’s contract was ending.
On 28 January 2023, the board resolved not to renew it and instructed Mwiya to communicate that decision.
Instead, he produced a performance appraisal recommending renewal.
The board rejected the recommendation in a round-robin decision on 28 February 2023 and again instructed Mwiya to notify Hamalua.
On 1 March 2023, Mwiya wrote to Hamalua confirming the non-renewal.
The interim board later criticised the tone of his letter, stating that he could only recommend renewal and not approve it.
Ueitele found that Hamalua failed to show any procedural unfairness or legal basis to challenge the interim board’s decision.
He [Ueitele] said the January 2023 decision remained valid and binding and that the later confirmation did not alter the legal outcome.
The court dismissed the application and ordered Hamalua to pay the legal costs of all respondents, including one instructing and one instructed counsel.
