Legal vacuum claims hit training authority

Laywers representing suspended manager Gad Kangueehi have challenged the legality of the Namibia Training Authority’s operations and expenditure due to the absence of a board.

The claims are contained in correspondence from Metlaw Attorneys & Notaries to the authority’s chief executive, Erick Nenghwanya, in which the law firm argues the authority has been operating in a “legal vacuum” since the expiry of its board’s term.

The lawyers say the Vocational Education and Training Act vests governance authority in the board and does not permit the chief executive, executive director or relevant ministry to assume the board’s functions.

“Whether the government and/or minister and/or executive director and/or chief executive likes it or not, a legal vacuum exists at the Namibia Training Authority,” attorney Richard Metcalfe says in the letter.

Metlaw further argues that expenditure approved by management in the absence of a board remains unlawful and warns that officials who authorise such spending could face personal liability.

The challenge marks the latest development in a dispute involving Kangueehi, the authority’s manager for capital projects, who was suspended in May and is facing disciplinary proceedings.

The lawyers also claim the matter has been reported to the Anti-Corruption Commission (ACC), which is investigating the issues raised.

The ACC did not respond to questions by the time of publication yesterday.

The training authority has previously rejected allegations that its operations are unlawful.

It said last month that governance at the authority is administered in line with the Vocational Education and Training Act and the Public Enterprises Governance Act.

The authority said the previous board’s term expired in January and that the appointment of a new board is the responsibility of the minister of education, innovation, youth, sport, arts and culture.

The authority further said the education ministry assumed an oversight role as an interim measure to ensure governance and strategic decisions comply with statutory requirements.

According to the authority, submissions that would ordinarily require board approval are being channelled through the ministry’s executive director.

The authority dismissed allegations that the disciplinary process against Kangueehi is linked to concerns he raised regarding governance and procurement matters.

It maintains that the grievance lodged by Kangueehi and the disciplinary proceedings against him are separate processes governed by its internal policies and procedures.

Metlaw disputes this position and argues that Kangueehi’s grievance, lodged in September last year, has not been addressed despite provisions in the authority’s disciplinary code requiring grievances to be resolved as soon as possible.

The lawyers are also demanding access to documents and witness statements relating to the disciplinary case, arguing their client cannot adequately prepare for a hearing without them.

The authority, however, says it is under no legal obligation to provide all the documents requested before the commencement of an internal disciplinary hearing and insists it remains committed to conducting a fair process.

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