Lazarus Kwedhi
In Namibia, state powers are entrusted to administrative bodies and officials, with decisions required to be made in line with the rule of law and every right protected. Within this framework, Hon. Sankwasa, the Minister of Urban and Rural Development, exercised his powers under Section 92 of the Local Authorities Act, 1992 (Act No. 23 of 1992, as amended), by dissolving the Katima Mulilo Town Council and placing its powers under his office.
This decision followed the minister’s announcement on Namibia Broadcasting Corporation (NBC) news that the Katima Mulilo Town Council had engaged in a bartering arrangement for land sales, where the council accepted vehicles in exchange for a portion of land. Such a decision not only went against established financial procedures for land transactions but was also made without the minister’s approval, as required by Section 30 (1)(t) of the Local Authorities Act, 1992, as amended.
The minister’s action sparked mixed reactions. Some praised it as a necessary step against corruption, while others condemned it as interference in the powers of elected councillors and linked it to tribal and political connotations. Critics further argued that the dissolution unfairly included opposition councillors who had little or no influence over the ultra vires resolution to barter land without the minister’s consent.
Local authorities governance in context
The powers, functions, and responsibilities of local authority councils in Namibia derive from Article 102 of the Constitution, read together with the Local Authorities Act, 1992, as amended. Councils operate under additional regulations such as Standing Rules and Orders, as well as Codes of Conduct for councillors. Local authorities are classified into Part I or Part II municipalities, town councils, and village councils.
The council is the main decision-making body, empowered to pass bylaws and deliver municipal services, including land allocation. Council resolutions are collective decisions that bind all councillors, regardless of political affiliation. Councillors are expected to work within the law to ensure decisions serve the public interest. If a council makes an ultra vires resolution, councillors are duty-bound to object, report it to higher authorities, or refer it to oversight bodies such as the minister or the Anti-Corruption Commission. Any decision made contrary to law has no legal force and is punishable under Namibian law.
The Minister of Urban and Rural Development has an oversight role, including the authority to approve or reject land sale decisions under Section 30 (1) (t) of the Local Authorities Act. This ensures council decisions comply with the law before land transactions can proceed.
The minister’s powers vs. the council’s powers
Both councillors and the minister derive their authority from the same act. The minister’s intervention, therefore, should be seen as oversight rather than interference. The state cannot delegate powers without retaining mechanisms for checks and balances. In Namibia, state power is defined by three elements: the people, the Constitution, and national boundaries. Ministers and councillors act as functionaries of the state, exercising power on its behalf.
The minister’s authority to dissolve a council is provided by Section 92 of the Local Authorities Act, 1992, if a council fails to fulfil its mandate or violates the law. This does not remove accountability but rather enforces it, ensuring that wrongdoing can be followed up with criminal, corruption, or civil proceedings.
It is important to note that the minister does not have the power to suspend individual councillors; that power rests with the council itself under Section 13 of the Local Authorities Act, with ministerial approval granted only on recommendation from the council. Because council resolutions are collective, the objection or absence of an individual councillor is not enough to shield them from accountability once a resolution is passed. Councillors have a duty not only to raise objections during meetings but also to report unlawful decisions through official channels.
Who provides checks and balances?
Checks and balances are safeguarded under Article 18 of the Constitution, which guarantees administrative justice. This means all decisions by administrative officials and bodies must be lawful and fair, and anyone whose rights are affected may seek redress in court. Both the minister and councillors take an oath to uphold the Constitution and laws, binding them to act within the law. Oversight powers, therefore, should not be interpreted as superiority or political interference but as part of a legal framework that ensures accountability in governance.
*Lazarus Kwedhi, “Omuthima Guna Omeya”, is a public policy analyst with a Master of Public Administration.
