AG clarifies presidential appointees’ rights
…members are equal, they just can’t vote
For a long time, the National Assembly was engulfed by confusion over the powers of presidential appointees, and whether they were rightly or wrongly on parliament’s payroll.
Following New Era’s probe in October, the National Assembly enlisted the services of the attorney general to seek clarity.
The attorney general, this paper is informed, told officials at parliament that the only difference between elected and appointed MPs is voting rights, which is reserved for the former.
The legal opinion reached National Assembly secretary Lydia Kandetu last week.
“The two members [Nekongo and Masua] who were appointed by virtue of Article 32 (5) (c) assume all powers and authority as those of any elected members, with voting rights being the only exception. This includes the right to serve on standing committees of the National Assembly,” she said.
The National Assembly administers MPs’ remuneration on behalf of the Public OfficeBearers’ Commission.
Article 32 (5) (c) of the supreme law of the land makes provision for the head of state to appoint not more than eight people to the National Assembly (NA), based on their special skills, expertise, status or experience, provided that such members have no vote in the august house.
Confusion
This provision had left administrators at parliament scratching their heads over the years.
There were also fears that the officials would be held legally liable for unduly paying presidential appointees’ salaries, should it have been found that their earnings were to be drawn from the executive.
According to insiders, it has always been held that the eight presidential appointees ought to be on the executive’s payroll and not that of the legislature, as they “are appointed” by the President.
The view at parliament, New Era understands, has always been that those appointed by
the President would always secure ministerial positions, based on their expertise.
“The President cannot just appoint people and dump them in parliament. Presidential appointees ought to be people with special skills so that the President can use their skills in the executive, which is only drawn from parliament,” a source who preferred anonymity said.
It also appears some MPs and officials had reservations for presidential appointees who failed to secure ministerial portfolios after President Hage Geingob sanctioned their appointments.
The lucrative perks that come with committee services also appeared to be a thorny issue among parliamentarians, who hold the view that presidential appointees should not travel outside their duty station, Windhoek.
Presidential appointees were also only considered as associate members of parliamentary committees.
According to rule 55 of the standing rules and orders, an associate member of parliamentary committees may “not play any other part in the in the work of the committee and may not take part in committee visits away from duty station”.
So bad were things that recently, officials wanted to block politician Patience Masua’s trips, citing that she had travelled enough this year and that others must also get a chance.
Some even wanted her to pay for her own airfare and foot her accommodation and upkeep if she should travel anywhere, New Era, was reliably informed.
“How can executing functions of the house be contrary to standing rules? This is precisely my job, no? Maybe read the rules and consult the secretary for clarity,” Masua said last month upon enquiry.
“The AG gave a legal opinion that we [Nekongo and Masua], are well within our rights to travel and do our parliamentary work. Tell those jealous people (sic),” Masua said cheekily last month, after learning about the AG’s opinion.
At the time of the inquiry, Speaker Peter Katjavivi had led a parliamentary delegation to Kigali, Rwanda to attend a conference.
Masua serves on parliamentary committees of foreign affairs and security, economics and public administration as well as constitutional and legal affairs.
Presently, the eight presidential deployees are Yvonne Dausab (justice minister), Emma KantemaGaomas (deputy youth and sports minister), Emma Theofilus (deputy ICT minister), Kalumbi Shangula (health minister) and finance minister Iipumbu Shiimi.
Meanwhile, Natalia /Goagoses, Swapo Party Youth League (SPYL) secretary Ephraim Nekongo and Masua are all ordinary MPs.