So, the thick-skulled Namibia Football Association (NFA) president, one Frans Mbidi, is becoming a law unto himself?
The seemingly trigger-happy NFA president is desperate to have the association’s long-serving secretary general Barry Rukoro grounded at all costs and would stop at nothing to see the back of his ‘trusted soldier’.
Not that the author cares much whether Rukoro is retained in the NFA hot seat or not – yours truly has a moral duty to point out certain constitutional issues and procedures.
It’s now a well-documented secret that Rukoro’s employment contract has been under the spotlight for sometime as it runs full circle by month end.
Mbidi has made no secret about his desire to usher Rukoro through the exit door and has in the meantime also informed the brother that his contract would not be renewed upon expiry.
However, the bone of contention is that Mbidi is not the appointing authority and thus has no mandate to fire the association’s secretary general without the consent of the NFA Executive Committee – which is the appointing authority.
To worsen matters, in what can be interpreted as the last kick of a dying horse, Mbidi has now moved to appoint Rukoro’s successor by installing both Tim Isaacs and Titus Kunamwene as alternating NFA secretary generals, nogal.
Of course, there’s no dispute that Rukoro’s employment contract will become redundant as a result of effluxion.
Nonetheless, an employment contract is subject to some tacit concepts, which are imputed by operation of law.
And as such, to imply that because the term is ending is automatic non-extension is far from reality because even the concept of effluxion dictates that all obligations in terms of the contract must be properly fulfilled and the only mandated organ that should arrive at such a decision is the NFA Executive Committee to be chaired by Mbidi.
The powers of appointing and dismissing the SG vests in the NFA Executive Committee and this is a constitutional provision which Mbidi has serially violated with impunity – hence the purported appointment acting secretary generals, Tim Isaacs and Titus Kunamwene, by Mbidi without the necessary mandate and approval from the Executive Committee, is invalid in law.
Part of the primary responsibilities of the president as captured in Article 38 (2) (a) is to implement decisions of the Congress and Executive Committee through the general secretariat.
To date, this highest organ of the NFA, in between congresses, has been reduced to a lame duck body that is only fed with ‘informative emails’ instead of performing its constitutional mandate.
Let’s not rule out the fact that the NFA Executive Committee might arrive at the same conclusion that the SG must vacate office but alas, please accord your fellow Exco members the respect and constitutional space they so dearly deserve.
Yours truly has been reliably informed that the NFA Executive Committee will deliberate on the issue at the much-anticipated meeting on the 7th of April at Omuthiya and make a decision.
However, for the time being, one should imply that the incumbent SG continue in his capacity until such time the Executive Committee makes a final decision.
In view of the above and reading between the lines, yours truly is of the opinion that Mbidi is not fit enough to chair the upcoming Exco meeting where Rukoro’s contractual performance is expected to be reviewed, because he (Mbidi) has already pronounced himself on the matter and thus no neutral decision should expected from Mbidi as far as an unbiased and well-informed decision on Rukoro’s future is concerned.
By the way, one wonders whether Mbidi is still fit to run the NFA if he continues to permanently violate his own constitution, which he is expected to guard. I’m just wondering. I rest my case.