Kasuto appeals to the Supreme Court
Ousted National Union of Namibian Workers (NUNW) president Ismael Kasuto has appealed his case against the federation which he had lost in a ruling in favour of the NUNW.
Soon after the ruling was passed, Kasuto had told The Villager that he had plans to appeal to the Supreme Court after he was interdicted by Judge Boas Usiku from conducting himself as the president of the union or to attend meetings on its behalf.
“Obviously the judgment did not serve justice to the workers, especially the issue of the structure and that is what we wanted to hear more. I think we are most likely going to appeal this, which will in principle nullify the current judgment,” he said a few days ago.
However, the NUNW represented by prominent attorney Sisa Namandje shot back at his decision to appeal as well as the letter he sent them whose content of which they said were “shocking.”
“Firstly we dare to point out that either there is a confusion on your part or there is, with respect, a complete lack of understanding of what orders are as opposed to what judgments are,” they jabbed.
In a letter viewed by The Villager, NUNW went on to say, “Further you appear to be at a loss as to exactly what dispute was before Usiku, J. For your own information the High Court was not dealing with the question whether or not Mr. Kasuto was and/or is the president of the NUNW. The fact is factually common sense. That issue did not need a court order until in future.”
In his letter to the NUNW, Kasuto indicated that his appeal makes the High Court ruling null en void, and that he remains the NUNW president pending further due process.
The NUNW responded, “May you with respect benefit from our unsolicited advice (reasons underlying and forming the basis of a court’s conclusion for orders it makes) is not suspended by a notice of appeal. What is suspended is operation of an order, not a judgment.”
NUNW thus rejected to recognise Kasuto as its president saying he “remains under obligation to respect the rule of law.”
Kasuto had been interdicted and restrained from using the NUNW’s letterhead or electronic devices on behalf of the union as the president, entering the union premises without prior written permission from the NUNW, interfering with union affiliates, employees, partners and office barriers.
He had as well been ordered to pay the legal costs of the applicants.
Kasuto has at every turn stamped that the meeting that sought his expulsion was not constitutionally bound and thus rendering his ouster as de-facto.
He has also been given an ear by the SWAPO party, which the federation is an affiliate to.
Party secretary general Nangolo Mbumba made it clear to the Villager that the decision by the High Court would not dictate whether the party would cut its ties with Kasuto.
Mbumba said there would be closed door meetings which would seek to iron out issues ahead of the congress although he did not make it clear what would be discussed.