Govt attorney denies drafting Chicco Lease
The newly appointed government attorney, Ndateelela Nelao Shilongo–Alexander, has denied drafting a controversial lease agreement between the state and property businessman Erastus 'Chicco' Shapumba.
The deal, signed in December 2023 and overseen by Sisa Namandje & Co, involves the education ministry renting space in a Windhoek building owned by Shapumba's company, City Place and Property Management (Pty) Ltd. The contract is legally binding until 31 March 2027.
When the deal was signed, Shilongo-Alexander was a director at Sisa Namandje & Co before she was appointed the substantive government attorney on 1 April 2026.
The ministry pays N$1.1 million per month and has so far paid N$13 million., overseen by Sisa Namandje & Co,
Shilongo-Alexander told Namibian Sun that she only headed the labour law department at Sisa Namandje & Co, and was not involved in commercial matters.
She said lease agreements of such magnitude are prepared by Namandje, assisted by the director and legal practitioners within the commercial law department.
"I was not part of that department and had therefore not prepared or had sight of the commercial lease agreement entered between the Namibian Government and City Place and Property Management (Pty) Ltd," she said.
Despite signing the agreement and paying monthly rentals, the education ministry reportedly found the building unsuitable for office use, stating that “it was designed as a hotel.
The ministry further said converting it for office use would cost an estimated N$33 million.
Other reports claimed that the building lacks a compliance certificate or a fitness certificate.
If the lease runs to its March 2027 expiry without resolution, total state expenditure on the unoccupied building will exceed N$24 million.
Conflict of interest
The education ministry also raised a potential conflict of interest with Shilongo-Alexander's appointment in an urgent letter dated 30 April 2026, sent to the Attorney General's office requesting legal intervention to cancel the lease.
Shilongo-Alexander distanced herself further from the matter, stating that the cancellation file sits within the directorate of legal advice - a separate unit from her directorate of civil litigation.
"Only if the commercial lease agreement cancellation is not finalised within the directorate of legal advice and court proceedings are instituted will this matter be referred to the directorate of civil litigation," she said.
On the question of how conflicts of interest are managed, she said: "In the event a conflict is identified in respect of a matter referred to the Attorney General's Office, an external law firm is engaged and instructed to represent the government's interest."
Shilongo-Alexander explained that the Law Society of Namibia imposes an ethical duty on all legal practitioners to act in accordance with its rules, in terms of section 33 of the Legal Practitioners Act 15 of 1995.
“Conflicts of interest are not unique to the Attorney General’s office. They can present themselves in any office within the Namibian Government.
"Where the conflict pertains to an employee, it is dealt with under regulation 11 of the Public Service staff rules. Additionally, the Law Society of Namibia places an ethical duty on all legal practitioners to act ethically in accordance with its rules,” she said.
Independent advice
However, sources maintain that her appointment could compromise the government's ability to receive independent legal advice.
They say that although Shilongo-Alexander is currently not dealing with the matter, which sits with the directorate of legal advice, should the government push for cancellation and Shapumba take the dispute to court, the file would move directly to her directorate of civil litigation.
"Someone else senior to her must deal with the file. Unfortunately, in this case, the only senior legal person above her in government is the Attorney General - no one else.
"She is the second-highest government legal advisor, and her directorate will potentially have to take the case to court if it goes there," the sources said.
The sources further warned that the conflict poses a risk to Shapumba himself.
"This is even worse for Shapumba because when her law firm was drafting the agreement, she must have obtained confidential information about Shapumba's intentions, weaknesses, and negotiation position, which she can use against him," the sources said.
Legal ethics rules in Namibia prohibit a legal practitioner from acting against a former client in a matter that is the same as or substantially related to work they previously performed for that client.
Namandje said Shapumba had not yet consulted him about pursuing a court case or any dispute against the government.
"I do not have instructions and was never consulted by Chicco on any dispute with the government on this matter, if indeed, there is a dispute with the government," he said.
Chris Nghaamwa, the head of the legal advice directorate, could not be reached for comment.
Questions sent to Gerald Vries, the executive director of the ministry responsible for youth and sports matters, went unanswered.
