City's ugly power struggle
The chief of the Windhoek City Police claims that he is being prevented from doing his job properly.
A nasty fight has erupted between the chief of the Windhoek City Police, Abraham Kanime, and municipal CEO Robert Kahimise.
In documents first filed in the High Court in October last year, Kanime, in his founding affidavit, accused Kahimise and the city council of impeding him in the execution of his duties and victimising and threatening him.
He asked the court for a special advisory committee, as regulations permit, for him to submit his grievances he has had since November 2014.
He also asked for an order restraining both the city council and the CEO from interfering in the execution of his duties and responsibilities.
In his affidavit, Kanime writes: “The Windhoek Municipal Police Service effectively ran well until around 2014 at the same time as the retirement of the former CEO, Niilo Taapopi.”
According to Kanime, the problems started when the force prevented the erection of shacks at 7de Laan during November of that year.
He said councillors then started making threats against both him and the City Police.
He was “summoned” by the mayor for a meeting and said he was threatened with dismissal at the time.
“I was further given orders to stop implementing by-laws, and action which I considered at the time of being subversive of the rule of law,” he said. He maintaineds that he submitted a memorandum to the mayor over the “unlawful interference” in the police's work but received no response.
“From January 2015 to April 2016, the unlawful interference in [my] responsibilities and duties by the [CEO] – an overt action on his part to frustrate [my] work – went on unabated.”
Kanime said he lodged a complaint, in compliance with regulations, stating that he was being victimised by the governing system, attacked by political office bearers, that there was disregard of the rule of law and security principles, a delay in resolving matters and an apparent lack of trust or confidence.
After this, he said, the interference continued and there was a “lack of morale” among City Police members.
He said he could no longer do his job effectively and according to his letter to the acting CEO on 18 July 2016, certain important projects and matters were being delayed or ignored.
Kanime said he did not approach the court at that time as he was waiting for the CEO position to be filled and hoped his grievance would be heard then.
However, during the shutdown of illegal car-washes in Windhoek during January 2017, he was forced to halt the operation and the urgent letter from the council spoke of the “political ramifications” these actions could have for the city council.
Kanime in July sought a committee to deal with his grievances but was informed that the matter had been settled at the level of the CEO.
Kanime then approached the mayor, Muesee Kazapua, to halt the interference and to ensure that the CEO established a committee to investigate his grievances and complaints.
Kazapua, according to Kanime, undertook to address the matter with Kahimise.
This did not happen though, although Kahimise informed the mayor that the grievances had been “dealt with”.
Kahimise filed a lengthy answering affidavit in which he told the court that Kanime's application was a “step in furtherance of a power struggle upon which [Kanime] has embarked”.
He added that all internal remedies were not exhausted.
He maintained Kanime had not attached all the relevant documents to show his grievance had been resolved.
He said Kanime did so purposely, as that would undermine his case.
He continued by saying that Kanime had, over the years, “sought to arrogate to himself powers over essentially political matters which are not his”.
Kahimise said Kanime could not bring the application as the head of the City Police, as he was not authorised by any person.
Further, for him to seek zero interference from the City “rides roughshod” over the proper division of powers. He further cited a regulation which said that Kanime's job was to “exercise control over the [City Police] in accordance with the objectives, priorities and policies of the municipal council”.
With regard the demolition of shacks, Kahimise said the action was unlawful and cited several regulations, some predating independence, as well as a Supreme Court ruling.
He asked for the application to be dismissed.
The matter was in case management before Judge Thomas Masuku.
Sisa Namandje appeared for Kanime while Patrick Kauta appeared for Kahimise.
YANNA SMITH
In documents first filed in the High Court in October last year, Kanime, in his founding affidavit, accused Kahimise and the city council of impeding him in the execution of his duties and victimising and threatening him.
He asked the court for a special advisory committee, as regulations permit, for him to submit his grievances he has had since November 2014.
He also asked for an order restraining both the city council and the CEO from interfering in the execution of his duties and responsibilities.
In his affidavit, Kanime writes: “The Windhoek Municipal Police Service effectively ran well until around 2014 at the same time as the retirement of the former CEO, Niilo Taapopi.”
According to Kanime, the problems started when the force prevented the erection of shacks at 7de Laan during November of that year.
He said councillors then started making threats against both him and the City Police.
He was “summoned” by the mayor for a meeting and said he was threatened with dismissal at the time.
“I was further given orders to stop implementing by-laws, and action which I considered at the time of being subversive of the rule of law,” he said. He maintaineds that he submitted a memorandum to the mayor over the “unlawful interference” in the police's work but received no response.
“From January 2015 to April 2016, the unlawful interference in [my] responsibilities and duties by the [CEO] – an overt action on his part to frustrate [my] work – went on unabated.”
Kanime said he lodged a complaint, in compliance with regulations, stating that he was being victimised by the governing system, attacked by political office bearers, that there was disregard of the rule of law and security principles, a delay in resolving matters and an apparent lack of trust or confidence.
After this, he said, the interference continued and there was a “lack of morale” among City Police members.
He said he could no longer do his job effectively and according to his letter to the acting CEO on 18 July 2016, certain important projects and matters were being delayed or ignored.
Kanime said he did not approach the court at that time as he was waiting for the CEO position to be filled and hoped his grievance would be heard then.
However, during the shutdown of illegal car-washes in Windhoek during January 2017, he was forced to halt the operation and the urgent letter from the council spoke of the “political ramifications” these actions could have for the city council.
Kanime in July sought a committee to deal with his grievances but was informed that the matter had been settled at the level of the CEO.
Kanime then approached the mayor, Muesee Kazapua, to halt the interference and to ensure that the CEO established a committee to investigate his grievances and complaints.
Kazapua, according to Kanime, undertook to address the matter with Kahimise.
This did not happen though, although Kahimise informed the mayor that the grievances had been “dealt with”.
Kahimise filed a lengthy answering affidavit in which he told the court that Kanime's application was a “step in furtherance of a power struggle upon which [Kanime] has embarked”.
He added that all internal remedies were not exhausted.
He maintained Kanime had not attached all the relevant documents to show his grievance had been resolved.
He said Kanime did so purposely, as that would undermine his case.
He continued by saying that Kanime had, over the years, “sought to arrogate to himself powers over essentially political matters which are not his”.
Kahimise said Kanime could not bring the application as the head of the City Police, as he was not authorised by any person.
Further, for him to seek zero interference from the City “rides roughshod” over the proper division of powers. He further cited a regulation which said that Kanime's job was to “exercise control over the [City Police] in accordance with the objectives, priorities and policies of the municipal council”.
With regard the demolition of shacks, Kahimise said the action was unlawful and cited several regulations, some predating independence, as well as a Supreme Court ruling.
He asked for the application to be dismissed.
The matter was in case management before Judge Thomas Masuku.
Sisa Namandje appeared for Kanime while Patrick Kauta appeared for Kahimise.
YANNA SMITH
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