Erasmus Shalihaxwe
The Independent Patriots for Change (IPC) has accused minister of urban and rural development James Sankwasa of abusing his power by dissolving the Katima Mulilo Town Council, saying the move undermines the rule of law and the Constitution.
IPC spokesperson Immanuel Nashinge described the minister’s action as unconstitutional and authoritarian.
On 15 August, a government gazette issued through Sankwasa announced the removal of all council members under Government Notice No. 194.
In the notice, Sankwasa cited section 92(2) of the Local Authorities Act and declared that all powers, duties, and functions of the council now vest in his office.
“We believe the minister’s decision is in direct conflict with the following constitutional articles: Article 1(2), which establishes the supremacy of the Constitution and declares that any law or act inconsistent with it is invalid. Thus, a power derived from the people cannot just be removed without reason. The minister, an unelected official, did not act fairly and reasonably and did not provide the sovereign with any reason for his action,” he said.
Nashinge said the minister’s use of section 92(2) of the Local Authorities Act of 1992 disregards the constitution and the will of the people.
He argued that article 28 guarantees democratic governance and mandates that local authority representatives must be elected by the people, not removed at the whim of a minister.
He added that article 1(6) confirms the constitution’s supremacy over the Local Authorities Act.
“The minister’s actions are a clear abuse of power that undermines the rule of law. By replacing elected officials with unilateral executive overreach, he mirrors tactics used in other African countries, where laws are weaponised to sideline opposition. This usurps the will of the people, who elected the council members to represent their interests, and sets a dangerous precedent for political interference in local government,” Nashinge said.
Nashinge said that frustrations with councillors cannot justify dismantling a democratic institution.
“This action should not be used as a political ploy ahead of the upcoming regional and local authority elections in November. Namibia is not a dictatorship; elected leaders cannot be ousted without due process,” he said.
Nashinge said if there were allegations of corruption or misconduct, the proper course of action would have been to invoke section 43 of the Anti-Corruption Act.
“Instead, the Minister has acted unfairly and unreasonably without providing justification to the Namibian people, the true sovereign. The IPC calls on all Namibians to defend our hard-won constitutional democracy against this authoritarian manoeuvre by Swapo. No minister is above the constitution,” he said.
This comes as last week, Joseph Kauandenge, president of the Association for Localised Interest (ASOLI) and former member of parliament, warned Sankwasa against overstepping his role.
Kauandenge stressed that the functions of ministers are defined in the constitution, while the responsibilities of regional and local authorities are clearly set out in various acts.
Zambezi regional leadership had earlier told the Windhoek Observer that they were unaware of the directive dissolving the council.
Political analysts said the dissolution was expected after councillors were given a final warning to explain why they should not be dismissed.
