Sacked NAC board member challenges Nekundi’s decision in court

Renthia Kaimbi

Former Namibia Airports Company (NAC) board member Carol Rosheta Williams has approached the High Court to challenge her dismissal by works and transport minister Veikko Nekundi, accusing him of exceeding his legal powers and conducting an irregular process to remove the board.

In a review application filed on Monday, Williams is seeking an order setting aside the termination of her directorship, which took effect on 4 August 2026.

In her founding affidavit, Williams argues that Nekundi had no authority to terminate her appointment under the Public Enterprises Governance Act (PEGA), contending that the power to appoint and remove board members rests with the minister responsible for public enterprises.

“The first respondent (minister), who is not the appointing authority under PEGA, has no authority to terminate my appointment,” she states.

Williams further argues that the decision was procedurally irregular and that the finding that she was grossly negligent was “wholly unfounded and unsupported by the evidence.”

The dispute stems from an investigation initiated by Nekundi in January 2026 following anonymous allegations of irregularities at the state-owned company.

Williams alleges that the minister appointed an internal auditor from his ministry to conduct the investigation without a proper legal basis and without first obtaining the board’s input.

Tensions reportedly escalated in April when Nekundi summoned the board to an urgent meeting scheduled for 07:30, giving members less than a day’s notice.

Williams, who attended the meeting virtually, describes the minister’s conduct as hostile.

“The first respondent was extremely hostile, proclaiming that he was not interested in talking points,” she states in her affidavit.

The board subsequently submitted a two-volume response to the allegations and held a further meeting with the minister in May.

However, in June, Nekundi issued a notice calling on the board members to show cause why action should not be taken against them, requiring individual representations within two days.

Williams requested an extension, which was granted, and submitted her representations on 1 July 2026.

On 3 August 2026, Williams stated that she received a letter terminating her appointment, with the decision taking effect the following day.

The minister cited the alleged unlawful disposal of company assets and irregular appointments of personnel, accusing her of gross negligence.

The decision reportedly relied on section 4(1) of PEGA and section 228 of the Companies Act.

Williams, however, argues that the minister failed to consider her representations before making the decision.

“There is no acknowledgment or reference to my representations… which indicates to me that the first respondent has not bothered to read them, let alone consider them carefully,” she states.

She also questions the wording of the termination letter, which refers to “The Ministry” rather than identifying the minister as the decision-maker.

Williams alleges that the process was intended to remove the existing board and replace its members with the minister’s preferred candidates.

On 4 August, the day her dismissal took effect, Nekundi announced the appointment of five interim board members, including Otniel Podewitz and Sophia Kasera.

A central issue in the dismissal is the disposal of NAC vehicles in 2022, which the minister reportedly alleged had taken place without treasury approval and in violation of the State Finance Act.

Williams disputes the allegation, arguing that the board’s decision to abolish a dual-vehicle policy was intended to address what she considered discriminatory treatment between older and newer employees.

According to her affidavit, the policy change was expected to save the company approximately N$19 million in capital expenditure every five years.

Williams also relies on a legal opinion from Sisa Namandje & Co., which she says supports her position that the State Finance Act does not apply to the NAC in the same manner as it does to government ministries because NAC is a public company.

“Treasury approval is not required for NAC’s asset disposals,” she asserts.

The dispute has also raised concerns about the impact of the dismissal on Williams’ professional reputation.

“My reputation is all I have,” she writes.

“To be named publicly as a person who was derelict in my fiduciary duties… is immeasurably prejudicial to me as a professional.”

Williams alleges that the investigation and subsequent disciplinary process were part of a deliberate effort to replace the board rather than a genuine attempt to address concerns about the company’s governance.

“It is apparent that the first respondent set out to replace the board and to this end, orchestrated the investigation… and pretended to go through the motions of providing me with an opportunity to be heard,” she alleges.

Her application is supported by a confirmatory affidavit from former NAC board chairperson Leake Hangala, who corroborates her account of the events.

Williams is seeking an order reviewing and setting aside the termination of her appointment, as well as costs.

The respondents have 15 days to notify the court if they intend to oppose the application. The matter is scheduled to be heard on 27 November 2026.

The court will be asked to determine whether the minister acted within his legal authority and followed the required procedures in terminating Williams’ appointment.