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December 2021
The Namibian
High Court judge Thomas Masukugrantedcitizenship to the son of same-sex couple Phillip Lühl and Guillermo Delgado
Source
“Its dancing, brightly clad estimated 300 participants also linger at the home affairs ministry, which recently announced its intention to appeal against High Court judge Thomas Masuku's granting of citizenship to the son of local same-sex couple Phillip Lühl (Namibian) and Guillermo Delgado who was born through surrogacy in South Africa.”
High Court Judge Thomas Masuku has suspended implementation of a no-confidence vote that removed two Landless People's Movement councillors from the Keetmanshoop Municipality in May, and ordered their immediate reinstatement pending final determination. The councillors, Annelise Knaus and Easter Isaak, argue their removal was unlawful and that the council meetings that led to it violated standing rules under the Local Authorities Act.
Why it matters
High Court suspension of Keetmanshoop councillor removals and reinstatement order settles a significant local governance dispute with constitutional implications.
High Court Judge Thomas Masuku has suspended implementation of a no-confidence vote that removed two Landless People's Movement councillors from the Keetmanshoop Municipality in May, and ordered their immediate reinstatement pending final determination. The councillors, Annelise Knaus and Easter Isaak, argue their removal was unlawful and that the council meetings that led to it violated standing rules under the Local Authorities Act.
The High Court of Namibia has ordered the reinstatement of two Keetmanshoop municipality management committee members—Easter Isaak and Anneliza Knaus—who were removed through votes of no confidence in May and June, and has interdicted the municipality from implementing those resolutions pending the finalisation of the main application.
Judge Thomas Masuku ruled that two former annuity administrators, Martin Smith and Vabiola Aoses, were responsible for fraudulent payments totalling N$18.6 million from the Government Institutions Pension Fund and must repay that amount plus 20% annual interest.
The government has filed notice to defend a N$13-million lawsuit brought by a woman who claims a broken surgical needle was left lodged in her uterus following 2016 surgery at Katutura Intermediate Hospital. In a special plea, government attorneys denied allegations of negligence against the Ministry of Health and Social Services, arguing medical staff acted with appropriate expertise and care.
High Courtjudge Thomas Masuku ruled in favour of the Government Institutions Pension Fund, ordering two former employees, Martin Eugen Smith and Vabiola Aoses, to repay N$18,664,657.59 they allegedly embezzled by creating false documents to reactivate suspended child annuitant benefits and channelling the funds into personal accounts.
Social activist Michael Amushelelo and business partner Gregory Cloete have asked the High Court to consolidate 360 fraud and money laundering charges against them, claiming several counts are duplications. The two face allegations of defrauding investors through an investment scheme known as Project One Million between 2018 and 2019.
High Court Judge Thomas Masuku convicted lawyer Dirk Conradie and Sara Damases on two Anti-Corruption Act charges after a long-running trial, finding they corruptly solicited gratification and conspired to breach the law in connection with an MTC advertising tender worth about N$60 million. Conradie was acquitted on a third charge of corruptly using his former position as MTC board chairperson.
Prominent lawyer Dirk Conradie has been found guilty of corruption and conspiracy to commit corruption in relation to a N$60 million MTC telecommunications tender. The Windhoek High Court convicted him of attempting to bribe business figures with an advertising contract in exchange for accepting his co-accused Sara Damases as a black economic empowerment partner.
High Court Judge Thomas Masuku found lawyer Dirk Conradie and Sarah Damases guilty of contravening the Anti-Corruption Act after they tried to influence an advertising company to hire Damases as a BEE partner in exchange for securing a N$60 million MTC contract. Conradie, who was MTC board chairperson at the time, was found guilty on two counts: contravening section 42 of the Anti-Corruption Act and conspiring to commit an offence, though the judge found him not guilty on a third count relating to use of public office for gratification.