Minister of urban and rural development James Sankwasa has ordered former Windhoek city councillors to repay about N$20 million spent on 'unapproved' international trips.
The involved councillors, however, say they will not pay back the money.
The beneficiaries of these trips include councillors from Swapo, the Independent Patriots for Change (IPC), the National Unity Democratic Organisation (Nudo), and the Affirmative Repositioning (AR).
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Municipal officials who accompanied the councillors allegedly also benefited from the funds.
The amount was paid for flights, accommodation and daily expenses for a string of overseas trips undertaken throughout 2025. Sankwasa has ordered the money to be paid back to the City of Windhoek on 25 November, but the city says the directive is difficult to enforce as most implicated councillors have left office after the 26 November elections.
Speaking to The Namibian last week, Sankwasa said: "Call the City of Windhoek chief executive to tell you how he is going about implementing the directive."
City of Windhoek records show that its councillors made around 12 international trips between March and November this year.
The seven-day trip of two councillors to China from 28 July to 4 August allegedly cost the city N$120 600, while another trip to Mozambique from 25 to 31 August cost N$118 400.
Destinations included Singapore in March, Shanghai in May, Eswatini, Tshwane and Marracuene (Mozambique) in June, Vienna (Austria) and Nanjing (China) in July, Moscow (Russia) and Marracuene again in August, and, in November, Bogota (Colombia), Mannheim (Germany), Nanjing, Milan (Italy) and Barcelona (Spain).
THE DIRECTIVE
Sankwasa wrote to the city on 21 October and 13 November, instructing the councillors who travelled without ministerial approval to repay the money.
"All money received by the council members who travelled despite the disapproval of the trip outside Namibia should and must be refunded by all who benefited. This must be done on or before 25 November 2025," he said.
On 23 November, he followed up with a WhatsApp message to Windhoek chief executive Moses Matyayi, reminding him to act.
"It's my directive that all money paid to councillors for such travelling is recovered before they leave office. If you have not received it, kindly get a copy from the mayor," he said.
'NOT FOR ICE CREAM'
Former mayor Ndeshihafela Larandja of the IPC last week said it's a pity that they are being ordered to refund the city.
"It's worrying that councillors have to pay back after executing their duties. It's politically motivated, because how can you expect councillors to execute their duties and at the end of the day have to pay back money for travelling?" she asked.
Nudo councillor Joseph Uapingene said he is aware of the directive.
"But I am also aware of the council's resolutions that we took that the council has the right to decide on their benefits. Yes, we are supervised by the minister, but we are a body that can make its own decisions," he said.
Uapingene said they did not travel to go and eat ice cream.
"We travelled to work," he said.
Swapo councillor Fransina Kahungu said she was aware of the directive.
"My case is that I didn't travel when I was alerted to the letter from the minister. I wrote to the chief executive to explain, but it was never clarified whether I should travel or not," she said.
The former mayor added: "I already wrote to the chief excutive that I am going to pay back the money."
Landless People's Movement (LPM) Sade Gawanas last week said she didn't travel except for a trip to Lesotho last year.
"I know other councillors were traveling left, right and centre.
During my tenure as mayor, I got all authorisation in terms of my travels. We didn't travel a lot," she said.
Swapo councillor and former mayor Queen Kamati said she was not affected by the directive, "as I didn't travel when the directive was issued".
City of Windhoek spokesperson Harold Akwenye this week declined to comment.
On 25 November, Matyayi told then-mayor Larandja that Sankwasa's directive created challenges for recovering the funds from councillors.
He said decisions on council members' official trips were considered and approved by the council's management committee.
"It is my view the directive may present a serious problem of enforceability and subsequent compliance thereto in its current form," he said.
LEGAL PUSHBACK
The City of Windhoek has sought the opinion of an internal legal adviser, who has informed the city chief executive that its councillors do not need the minister's permission.
The legal opinion was then sent to Sankwasa, who has disputed it.
"The legal opinion you seem to rely on . . . is misplaced and a misdirection by your corporate legal adviser, who may equally be conflicted in the matter of unauthorised travelling," he told Larandja. Sankwasa's directive said that "all local authority councils are further reminded that all official trips by councillors outside the borders of Namibia may only be undertaken with prior approval of the minister, even if the trip is fully sponsored".
The City of Windhoek's legal stance is that the minister can limit allowances, but cannot ask councillors to acquire prior travel approval.
The city says such a restriction is outside of the minister's authority and is illegal.
In his letter to the former mayor, Sankwasa fired back by quoting the Namibian Constitution, making reference to Namibian and South African cases.
"It must be recognised that individual Cabinet ministers performing their individual portfolios will often be involved with the implementation of legislation in relation to their specific portfolios and may therefore quite often perform tasks that will fall within the scope of Article 18 of the Constitution," he said.
COURT INTERVENTION
On 25 November, Matyayi said enforcing Sankwasa's directive could be difficult, since some councillors would not return after the regional council and local authority elections.
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"This will require that a court order be obtained to enforce such recovery from such council members, a process which will be legally sound," he said.
Matyayi then asked for the councillors to convene an urgent special meeting on 27 November.
He asked the councillors to advise after Sankwasa rejected the internal legal adviser's opinion.
"In the interest of resolving the matter, and assuming that the minister is correct in his interpretation and direction," Matyayi told the councillors he would withhold some of their payments.
"I also advise that the affected council members may allow this office to withhold any of their gratuity in lieu of such impending recovery directive until when the legal opinion is received in order to ensure recovery of the same," he said.
- - This article was produced by The Namibian's investigative unit. Email us news tips from your secure email to: investigations@namibian.com.na
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