Matyayi demands apology, threatens N$1.5m lawsuit over 'defamatory' claims
City of Windhoek chief executive Moses Matyayi is demanding public apologies from three councillors over what he describes as false and defamatory allegations concerning his conduct and international travel. Failing that, he intends to sue each of them for N$500 000 in damages.
The demand is contained in a letter dated 3 September from Ndaitwah Legal Practitioners, acting on Matyayi’s behalf, and seen by Namibian Sun.
The letter is directed at councillors Jesaya Ikali, Werner Tjihuiko and former mayor Ndeshihafela Larandja, whom it collectively refers to as “the council members”.
Matyayi’s lawyers allege that statements made by the councillors damaged his reputation and caused significant harm.
The dispute stems from a letter authored and signed by the three councillors on 5 August and addressed to urban and rural development minister James Sankwasa and Windhoek mayor Sakarias Uunona.
In their letter, the councillors raised concerns about Matyayi’s international travel, including trips allegedly undertaken to Russia, Colombia and the United States. They questioned whether the trips had received the necessary approval and whether the full council had been properly informed.
The councillors alleged that Matyayi travelled to Colombia and Russia and remained outside Namibia for more than two weeks. They also alleged that N$300 000 was spent on a trip to Harvard University without prior approval from the full council.
Matyayi disputes the allegations through his lawyers.
He claims he did not travel to Colombia during his tenure as chief executive, did not spend N$300 000 on trips to Harvard University and was not outside Namibia for more than two weeks as alleged.
The allegations are described as "false, misleading and defamatory".
Apologies demanded
Matyayi is demanding written and signed apologies from the three councillors acknowledging that their statements were false and harmful.
He has instructed them to send the apologies to Sankwasa, the mayor and him, and to publish them in the print media that reported the allegations. The councillors have been given until 10 September to comply.
Matyayi’s lawyers warn that failure to comply will result in court proceedings in which Matyayi will seek N$500 000 from each councillor, bringing the combined claim to N$1.5 million, in addition to legal costs.
He has also instructed the councillors to stop making false and damaging statements, warning this could result in additional legal action.
The councillors' letter was reportedly circulated to media organisations and published in print.
In the letter, the councillors complain that they “only came to learn via the social media platform that the CEO is out of the country for more than two weeks on official trips to Russia and then Colombia”.
The letter further asserts that the trips “were undertaken without prior approval from the full council”.
The councillors referred to council resolutions adopted in 2008 and 2021 that allegedly delegated certain decision-making powers to the management committee and the chief executive. They questioned whether the resolutions remained valid and whether the existing arrangement weakened the full council’s oversight role.
Accountability questioned
Larandja confirmed that the councillors were aware of the demand letter and said they would respond through a formal statement.
“If a councillor is now being crucified for holding a CEO accountable, then the Constitution, as well as the Local Authorities Act, has to be challenged," she told Namibian Sun on Sunday.
"It will make for a very interesting case because this would amount to a challenge to the Constitution and the Local Authorities Act. It would be the first of its kind,” she added.
“We just do not want to treat it lightly without attracting the attention of the legislature as well, so that if there are any weaknesses in those statutory or legal instruments, they can be detected. Because if this happens to succeed, it would mean that local authority councillors' hands would be tied and they would not be able to hold any CEO accountable,” Larandja said.
Ikali and Tjihuiko’s individual responses were not available at the time of publication.
The City had also not provided the travel dates, destinations, expenditure records or approvals needed to independently determine which of the disputed claims were accurate.
