The Urban and Rural Development Ministry was dealt a blow after the Windhoek High Court set aside a ministerial decision to block the appointment of a Chief Executive Officer at the Municipality of Outjo.

Former Minister Erastus Uutoni had declined to endorse the appointment of Tiofilia Jentsch as the CEO of the municipal council.

The court ruled in favour of Jentsch, who is employed as a finance manager at the Outjo municipal council.

The court reviewed and overturned the minister's decision, which had declined to approve Jentsch’s appointment as Chief Executive Officer.

The minister had instead instructed the council to re-advertise the position.

The recruitment process began in November 2022 after the council advertised the post. 

Jentsch applied and participated in all stages of the process, including interviews and psychometric testing.

After interviews were conducted in May 2023, the interview panel recommended her for appointment. The council adopted the recommendation and submitted it to the minister for approval.

The minister declined to approve the appointment. He cited non-compliance with recruitment regulations, stating that the applicant did not meet the requirement of experience at a senior management level. 

He also referred to complaints about irregularities in the recruitment process and said he had sought legal advice before making his decision.

In its ruling, the court said the minister has a supervisory role over local authorities and has discretion when considering the appointment of chief executive officers. However, the court mandated the fair and transparent exercise of such power.

The judge found that the minister's letter to the council did not set out clear reasons for declining the appointment. 

The court said the letter did not explain what documents were considered or how the conclusion was reached. It was also noted that the minister relied on a legal opinion and organisational structure that were not presented in the letter or properly placed before the court. It held that the decision lacked a rational basis and did not meet the requirements of fair administrative action under Article 18 of the Namibian Constitution.