A justice ministry lawyer, whose appointment as a legal aid counsel was withdrawn in the wake of remarks about Damara people that she had made on social media, will have to wait for another month to hear the outcome of her legal challenge against the withdrawal of her appointment.
A judgement on lawyer Eva Maria Phillemon’s challenge of a decision to withdraw her appointment as legal aid counsel was scheduled to be delivered in the Windhoek High Court yesterday, but was instead postponed to 19 January, as the decision is not yet ready.
Oral arguments on an application that Phillemon filed against justice minister Yvonne Dausab and the director of legal aid in the Ministry of Justice in April, after Dausab withdrew her appointment as legal aid counsel, were heard by judge Orben Sibeya five weeks ago.
In her application, Phillemon is asking the court to review and set aside a decision of Dausab on 4 April to withdraw her appointment as legal aid counsel. She is also asking the court to declare that Dausab’s decision went beyond her powers in terms of the Legal Aid Act.
Dausab withdrew Phillemon’s appointment as legal aid counsel a day after a social media furore erupted about remarks that Phillemon had made on Twitter.
In the remarks, Phillemon commented on photographs of people in traditional Damara dresses and stated: “For once, the Damara people are doing something beautiful, cultural identity.”
She added: “I love this!”
Then, however, she continued: “This overshadow that violence image of breaking bottles, knife stabbing, insults, no culture identity that I only know of them.” [sic]
Dausab described Phillemon’s remarks as an “inflammatory tribal tweet” in an affidavit filed at the court in response to Phillemon’s application.
She also said Phillemon’s remarks created doubt about her ability to act objectively and impartially as legal aid counsel who might have to represent people from an ethnic group she termed violent, bottle-breaking and knife-stabbing.
According to Phillemon, Dausab did not give her an opportunity to be heard before she decided to withdraw her appointment as legal aid counsel.
Phillemon is also alleging that Dausab’s decision was based on public pressure, was made for ulterior purposes and was irrational.
She is further claiming that Dausab could only withdraw her appointment as legal aid counsel because of acts she carried out in her capacity as legal aid lawyer, and not because of something she did in her personal capacity and that was not part of her performance as legal aid counsel.
Dausab also denied that Phillemon is still a staff member of the Ministry of Justice. According to Dausab, in terms of the Public Service Act, Phillemon is deemed to have been dismissed because she was absent from work without approval from the justice ministry’s executive director for a period of more than 30 days during April, May and most of June this year.
Phillemon says she provided sick leave certificates to the ministry, though, and that she has been back at work in the ministry since the last week of July.
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