City eats humble pie on Kahimise
The City of Windhoek management committee was left with egg on their faces after it emerged that the suspension of CEO Robert Kahimise was indeed unlawful.
Kahimise will report for work today following his immediate reinstatement yesterday.
A Windhoek councillor who spoke on condition of anonymity confirmed Kahimise’s reinstatement, saying his initial suspension was not procedurally done.
This follows a stern letter from Kahimise’s lawyer Patrick Kauta who strongly demanded his client’s reinstatement.
“The management committee had no mandate to suspend the CEO,” the councillor told Namibian Sun yesterday just moments before a city council meeting. “They realised their blunder that is why they couldn’t event appoint an acting CEO. He has been reinstated and will report for work.”
Kauta was not available for comment late yesterday.
A letter by Kauta, addressed to deputy mayor Teckla Uwanga, arrived on Wednesday at the City’s offices, shortly after a scheduled special council meeting to decide on an acting CEO, and to provide Kahimise an opportunity to defend his position, was slated to start.
The letter stated that Kahimise would not attend the meeting, but that he demanded that his suspension be retracted on several grounds, including that urban and rural minister Peya Mushelenga’s support for the suspension was based on false information.
The letter took issue with an invitation extended to Kahimise on Monday, following his suspension without pay, to speak at Wednesday’s special council meeting.
“How a person already suspended is required to make representation why they should not be suspended is an irregularity in which our client will not participate. In any event, your invitation is nothing else but an invitation for our client to trespass.”
Minister misled
Kauta further argued that Mushelenga’s decision to approve the suspension, based on a letter he had received from the management committee, was “irrational, unreasonable and unlawful”, and was the result of being deceived in the letter, allegedly penned by the deputy mayor.
“You deliberately misled the minister in your letter of 18 October 2018, in order to obtain approval… when you informed the minister that the management committee recommended suspension to the council, when you knew this was factually incorrect.”
Kahimise, through Kauta, demanded that the “unlawful and illegal suspension” be set aside “on an urgent basis at your person’s cost”.
Uwanga is the unconfirmed author of a letter to the minister last week, which summarised the management committee’s numerous allegations of misconduct against Kahimise in relation to a study loan, amongst other complaints, and demanded an investigation be launched into those claims and that Kahimise suspended.
Through his lawyers, the CEO claimed he was never provided a chance to respond to the allegations, as no pre-suspension hearing was held, which was a breach of his rights.
Another aspect Kahimise was tackling is that the suspension was legally unnecessary.
“You asked the minister for the suspension of our client to conduct an ‘unhindered investigation”, when this is no reason in terms of section 22(1) of General Notice No 277, Government Gazette No 5020 of 21 August 2012, to suspend anyone.”
Kauta argued the “real reason for suspending our client is not bona fide”, adding the council meeting where the decision was made was “irregularly called, constituted and convened”.
JANA MARI-SMITH
Kahimise will report for work today following his immediate reinstatement yesterday.
A Windhoek councillor who spoke on condition of anonymity confirmed Kahimise’s reinstatement, saying his initial suspension was not procedurally done.
This follows a stern letter from Kahimise’s lawyer Patrick Kauta who strongly demanded his client’s reinstatement.
“The management committee had no mandate to suspend the CEO,” the councillor told Namibian Sun yesterday just moments before a city council meeting. “They realised their blunder that is why they couldn’t event appoint an acting CEO. He has been reinstated and will report for work.”
Kauta was not available for comment late yesterday.
A letter by Kauta, addressed to deputy mayor Teckla Uwanga, arrived on Wednesday at the City’s offices, shortly after a scheduled special council meeting to decide on an acting CEO, and to provide Kahimise an opportunity to defend his position, was slated to start.
The letter stated that Kahimise would not attend the meeting, but that he demanded that his suspension be retracted on several grounds, including that urban and rural minister Peya Mushelenga’s support for the suspension was based on false information.
The letter took issue with an invitation extended to Kahimise on Monday, following his suspension without pay, to speak at Wednesday’s special council meeting.
“How a person already suspended is required to make representation why they should not be suspended is an irregularity in which our client will not participate. In any event, your invitation is nothing else but an invitation for our client to trespass.”
Minister misled
Kauta further argued that Mushelenga’s decision to approve the suspension, based on a letter he had received from the management committee, was “irrational, unreasonable and unlawful”, and was the result of being deceived in the letter, allegedly penned by the deputy mayor.
“You deliberately misled the minister in your letter of 18 October 2018, in order to obtain approval… when you informed the minister that the management committee recommended suspension to the council, when you knew this was factually incorrect.”
Kahimise, through Kauta, demanded that the “unlawful and illegal suspension” be set aside “on an urgent basis at your person’s cost”.
Uwanga is the unconfirmed author of a letter to the minister last week, which summarised the management committee’s numerous allegations of misconduct against Kahimise in relation to a study loan, amongst other complaints, and demanded an investigation be launched into those claims and that Kahimise suspended.
Through his lawyers, the CEO claimed he was never provided a chance to respond to the allegations, as no pre-suspension hearing was held, which was a breach of his rights.
Another aspect Kahimise was tackling is that the suspension was legally unnecessary.
“You asked the minister for the suspension of our client to conduct an ‘unhindered investigation”, when this is no reason in terms of section 22(1) of General Notice No 277, Government Gazette No 5020 of 21 August 2012, to suspend anyone.”
Kauta argued the “real reason for suspending our client is not bona fide”, adding the council meeting where the decision was made was “irregularly called, constituted and convened”.
JANA MARI-SMITH
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