Deadline for City on Kanime suspension

A last-minute agreement hastily hashed out in a courtroom on Friday at the urging of Windhoek High Court Judge Harald Geier compels the Windhoek City Council to decide whether or not to end the 14-month suspension of City Police chief Abraham Kanime by 22 May.

The agreement, which was made an order of the court on the same day by Justice Geier, further stipulates that a final date be set for the continuation of Kanime's disciplinary proceedings on or by 22 May, on the remaining 19 charges Kanime is facing related to the appointment of 20 people without CEO approval.

Of the total of 69 misconduct charges Kanime initially faced, charges 24 to 69 were withdrawn in January, which related to the appointment of members in acting positions.

Charges one to three related to allegations of the unauthorised hiring of law firms assigned to represent either Kanime or members of the police service.

On Friday, at the start of court proceedings on the urgent application brought by Kanime against City CEO Robert Kahimise and the City Council, Judge Geier explained that based on documents submitted to court ahead of the urgent application, “a picture emerges that makes me wonder why this matter is incapable of a resolution”.

The judge added that the City was not “deriving value” from a lengthy suspension on full pay of a senior person.

According to an answering affidavit submitted by Kahimise, Kanime earns a basic salary of more than N$108 000 a month, plus more than N$75 800 in transport, housing and service allowances.

Kanime's urgent application was an attempt to be reinstated based on his argument that his lengthy suspension since March last year, and the failure for a date to be set for the disciplinary proceedings to continue, has become “unfair, unnecessary, unlawful and unconstitutional”.

He argued that the City Council and CEO appear to “have no serious intention to continue with the disciplinary hearing”.

Geier on Friday urged lawyers for both parties to engage in brief negotiations to consider “whether there is room for negotiations”, before continuing with arguments on the urgent application if still required.

Following brief talks between the lawyers, the parties agreed on the way forward “for the time being”, which was made an order of the court.



Concerns

In an affidavit submitted by Kahimise, the CEO blamed email problems on the alleged delays in setting a date for the disciplinary proceedings to continue.

“There is an innocent explanation,” Kahimise informed the court, noting that an enquiry into the matter revealed a mail server problem had led to the responses, containing a number of possible dates for the hearing to continue, never arriving at their destination.

Kahimise also noted that a board of enquiry is handling the disciplinary process, in order to ensure fairness during the proceedings.

However, Kahimise also highlights a number of concerns which led to his decision not to uplift the suspension to date, after he had at first put the ball in the court of the City Council.

He underlines that following the completion of the investigation into the 69 allegations of serious misconduct against Kanime, “he was charged due to positive allegations made against him”.

Kahimise noted that once the investigation was completed, “it became necessary to continue with the suspension because it appeared that the applicant (Kanime) had, at best for him, absolutely no understanding or capability to follow and apply clearly stipulated budgetary procedures.”

Moreover, Kahimise raised the concern that in Kanime's superior position “it is difficult to monitor interference with witnesses”.

Kahimise further argues despite findings of against Kanime of “maladministration which centres on improper use of public financial resources”, Kanime has to date failed to provide assurances that should he return to office, he would “observe proper administration”.

Kahimise notes he is worried that this would mean if Kanime's suspension is lifted “he will simply continue on his old merry ways”.

Kahimise further submitted to court that Kanime's “current attitude still demonstrates, he apparently does not accept or understand that he did wrong. It would have been irresponsible of me not to continue with the suspension”, he wrote.

Kahimise also argued that on the matter of urgency, based on Kanime's monthly income, “there is certainly no economic urgency involved in this case. In fact, applicant (Kanime) must be one of the highest paid officials in the entire country”.

The case was postponed for a status hearing and feedback on the orders given to 5 June.

Kanime was represented by Sisa Namandje while Orben Sibeya instructed Advocate Raymond Heathcote to appear on behalf of Kahimise and the City Council.

JANA-MARI SMITH