UPM dispute plays out in court
A legal dispute between the dismissed secretary-general of the United People's Movement (UPM), Elizabeth Celeste Becker, and the president of the party, Jan Johannes van Wyk, was recently postponed until 13 March for pre-trial proceedings.
When the matter resumes, it will be a year since Becker filed the case against Van Wyk in which she requests, among other things, an order compelling him to pay her N$850 000 in damages for alleged defamation.
"On 12 March 2023, the first defendant [Van Wyk] issued a media statement in which he claimed that UPM is experiencing financial and administrative mismanagement as a result of the plaintiff [Becker]'s actions in her capacity as secretary-general," she wrote in her particulars of claim.
According to Becker, Van Wyk's statements contain serious allegations and are defamatory. She requested a court order compelling Van Wyk to withdraw the statement.
Dismissal
Becker also seeks an additional court order that declares the behaviour of both Van Wyk and the party’s management committee unconstitutional and illegal.
According to court documents, on 28 February 2023, Van Wyk sent letters to UPM's chairman, national treasurer and deputy secretary-general to inform them that they had been relieved of their elected positions. On 6 March 2023, he apparently also informed Becker that she had been relieved of her position as secretary-general.
Becker claimed this was unconstitutional and illegal as Van Wyk and the management committee allegedly have no mandate to take such actions.
She further claimed that Van Wyk, as well as the party's secretary for information and advertising, Francis William David Huish, illegally spent party funds.
"The defendants unlawfully and maliciously violated the code of conduct of UPM office-bearers.”
Lawyer withdraws
Van Wyk and the committee informed the court of their intention to bring an application in which they challenge Becker's claim details. They said it failed to establish a cause of action and that the case should be dismissed on that basis.
However, they have yet to submit any documents to the court to present their arguments, allegations and defence.
According to a case planning order issued this month, Van Wyk and the committee must submit their documents before 2 February.
Becker's former legal representatives, Morwe & Associates Incorporated, withdrew from the case in September last year, after which Becker applied for legal aid.
Her application was granted and in November, lawyer Julian Comalie of BD Basson Incorporated Legal Practitioners was appointed as her representative.
– [email protected]
When the matter resumes, it will be a year since Becker filed the case against Van Wyk in which she requests, among other things, an order compelling him to pay her N$850 000 in damages for alleged defamation.
"On 12 March 2023, the first defendant [Van Wyk] issued a media statement in which he claimed that UPM is experiencing financial and administrative mismanagement as a result of the plaintiff [Becker]'s actions in her capacity as secretary-general," she wrote in her particulars of claim.
According to Becker, Van Wyk's statements contain serious allegations and are defamatory. She requested a court order compelling Van Wyk to withdraw the statement.
Dismissal
Becker also seeks an additional court order that declares the behaviour of both Van Wyk and the party’s management committee unconstitutional and illegal.
According to court documents, on 28 February 2023, Van Wyk sent letters to UPM's chairman, national treasurer and deputy secretary-general to inform them that they had been relieved of their elected positions. On 6 March 2023, he apparently also informed Becker that she had been relieved of her position as secretary-general.
Becker claimed this was unconstitutional and illegal as Van Wyk and the management committee allegedly have no mandate to take such actions.
She further claimed that Van Wyk, as well as the party's secretary for information and advertising, Francis William David Huish, illegally spent party funds.
"The defendants unlawfully and maliciously violated the code of conduct of UPM office-bearers.”
Lawyer withdraws
Van Wyk and the committee informed the court of their intention to bring an application in which they challenge Becker's claim details. They said it failed to establish a cause of action and that the case should be dismissed on that basis.
However, they have yet to submit any documents to the court to present their arguments, allegations and defence.
According to a case planning order issued this month, Van Wyk and the committee must submit their documents before 2 February.
Becker's former legal representatives, Morwe & Associates Incorporated, withdrew from the case in September last year, after which Becker applied for legal aid.
Her application was granted and in November, lawyer Julian Comalie of BD Basson Incorporated Legal Practitioners was appointed as her representative.
– [email protected]
Comments
Namibian Sun
No comments have been left on this article