The ||Kharas Regional Council has confirmed complying with a High Court order compelling it to promote its employee, Barend Both, to the position of Deputy Director for Administration. 

The order stems from a court challenge by Both against the council's decision to overturn his promotion, which had been recommended by both the interview panel and the Public Service Commission. 

The court order directed Both's promotion and backdated remuneration from 11 April 2022, as ruled on the 11th of last month.

The Council was given 30 days to comply with the order, as non-compliance would result in the Chairperson Joseph Isaack being held in contempt of court and sentenced to thirty days' imprisonment. 

"On the 2nd of May, we held a special council meeting where we looked at the merits of the case. And we established that the judgement of the arbitration award was an award in default because we were not represented. And the High Court just confirmed that arbitration award. And for that reason, we appointed from 11 April, when the award was confirmed by the High Court, so that we are in compliance with the High Court and not in accordance with the recruitment policy," said Isaack.

When asked why the council opted to only partially comply with the High Court order, Isaack had this to say. 

"In terms of the date they are referring to, we have an incumbent. Then the judge must tell us whether we will remove that person first so that we can bring Both in. We did not even budget for that double salary."

Although the council complied with the court order, Isaack maintained that its decision to appoint the second-best candidate on the basis of affirmative action was within the legal framework. 

Both confirmed his promotion, effective April 11th. 

He, however, expressed concern over the partial compliance with the court order by the council. 

"They only try to comply partly with the order that they must appoint me, but that was just a matter for the chairperson to skip the part of the jail order. There was nothing for my benefit. As far as I am concerned, all I want is justice. I want my fair appointment. I now have two months before retirement. I will retire at the end of July. So all I want is to get my back pay before the end of June."

Both did not rule out pursuing further legal action against the council if it fails to fully comply with the court order.