The Namibian Broadcasting Corporation (NBC) says it is not refusing to comply with a legitimate court ruling, nor is it acting in bad faith in the matter between it and its former employee Johannes |Gaseb.

The High Court granted |Gaseb an arbitration award, ordering the national broadcaster to pay the former employee about N$295,000.

However, the NBC launched an urgent application before the High Court seeking an order to allow the reconciliation of reciprocal debts between the two parties.

The corporation's Chief Commercial Officer, Nico Mwiya, says the NBC application before the High Court does not seek to overturn the arbitration award granted to |Gaseb.

Mwiya explains that it rather concerns a lawful reconciliation of mutual financial obligations between the parties and the protection of public assets pending judicial determination.

The NBC points out that central to the dispute is the fact that |Gaseb owes the corporation about N$300,000, arising from a settlement agreement linked to a housing loan facilitated during his employment.

This settlement agreement was made an order of court on 7 November 2023, but the NBC says the former employee has failed to honour his repayment obligations since 30 November 2023.

In a partial attempt at settlement, |Gaseb surrendered a Mercedes-Benz motor vehicle towards the outstanding balance. The vehicle was subsequently sold by the Sheriff of the Court, but after administrative and associated costs of the auction were deducted, NBC received only N$1,675.75, which was credited toward the outstanding amount. 

The remainder of the debt remains due and enforceable through the appropriate legal processes.

NBC has, therefore, approached the High Court to seek an order to set off a recognised legal principle that allows reciprocal debts between two parties to be reconciled to ensure fairness, prevent unjust enrichment, and avoid double recovery.

The corporation says, as a public broadcaster funded primarily through taxpayer resources, NBC carries a fiduciary responsibility to safeguard public funds.

It says it, therefore, cannot disburse public money while disregarding an enforceable debt owed to it. 

The urgent application also seeks an interdict against the execution of the corporation's movable property until the court gives a final determination on the matter.

The NBC says it respects the authority of the courts and remains committed to transparency, accountability, and the rule of law. 

The Corporation says it will abide by the final determination of the High Court and urges responsible, balanced reporting to ensure the public is fully and accurately informed.