Published by API December 11th, 2008
Windhoek (Namibia) — The Rally for Democracy and Progress (RDP) won a High Court victory on Friday after its lawyers filed an urgent application to keep the Windhoek College of Education as venue for the party congress after the Education Ministry cancelled the booking at short notice.
The RDP head office on Thursday received a call from an official at the Windhoek College of Education (WCE), cancelling the booked and paid venue at the instruction of Vitalis Ankama, Permanent Secretary of the Ministry of Education.
No reasons were given and when the RDP requested the decision in writing, this was refused.
The congress was to start at 15h00 on Friday and by 13h00 Acting Judge Johan Swanepoel granted the application after hearing arguments for an hour.
RDP members and supporters in the packed courtroom were jubilant and chanted "Viva justice!" and hugged each other once the significance of Swanepoel's words had sunk in.
Lawyer Albert Strydom, who represented the RDP, wanted to file the urgent application at 11h30 but Nixon Markus, who represented the State, requested a 30-minute delay, saying he was handed the case at 10h00.
Strydom informed Acting Judge Swanepoel that the RDP had signed an agreement with the WCE on November 7 and paid N$41 000 for accommodation, meals and the conference hall. About 500 delegates from all 13 regions were expected.
Emma Kirchner, Rector of the WCE, was called to the witness box and Strydom asked her if there were any sections in the WCE Act that would prevent it from renting out the premises to organisations. Kirchner said this was not the case and that the WCE was relying on internal rules in the absence for promulgated and binding regulations, which should have been drafted as part of the Act, but this had not been done yet by the Education Ministry.
Asked why the booking was cancelled, Kirchner said educational institutions should not be used by political parties.
"Are you aware that the Swapo Youth League and some labour unions previously used the WCE for congresses?" Strydom asked.
She replied that she had only heard about that the day before. Kirchner blamed a WCE hostel matron for having unilaterally approved the booking without referring it first to the WCE Board. "The routine way is for those who want to book the WCE to fill in a four-page application form. This would come before the board and once approved the form is signed by the rector or vice rector," Kirchner said.
"The application form filled in by RDP I have never seen and I thus also have not signed it. I was unaware of that booking until the Education Ministry phoned Thursday at noon," Kirchner testified.
Government lawyer Nixon Markus argued that if the application form was not signed, no contract existed and as a result the WCE had the authority to retract the booking.
But Strydom referred to a letter that was attached to the urgent application. On November 3, the RDP received a letter from the WCE hostel matron informing RDP that "your application was successful".
There were no lawful grounds to cancel the RDP booking, Strydom informed Acting Judge Swanepoel. Swanepoel then granted the order holding the WCE to its rental agreement with the RDP. The costs of the case must be borne by the Education Ministry.
Source.The Namibian (Namibia) - December 8, 2008.