Execs, politicians split over axing of City legal head

MATHIAS HAUFIKU



WINDHOEK

Politicians and executives at the City of Windhoek are at loggerheads over the proposed suspension of the municipality’s legal head Benedictus Ngairorue, who faces claims of misconduct, dishonesty and gross negligence over the 5G saga.

Acting CEO George Mayumbelo wants Ngairorue suspended over his alleged involvement in the controversial fibre optic network deal.

However, in a recent twist, Mayumbelo’s plans to suspend Ngairorue hit a brick wall last month when management committee chairperson Ndeshihafela Larandja instructed him to stop the process until the committee pronounces itself on the matter.

Her instructions came after Ngairorue wrote to her complaining that his grievance lodged at the start of this year, in which he claimed that he is being victimised by Mayumbelo, is yet to be addressed.

Larandja told Mayumbelo that she is not happy with the “bad publicity” the municipality is receiving, especially that of staff members dragging the municipality to court.

“This causes a reputational damage to council and paints a picture of governance failure as well as non-cooperation within the council,” she said.

She instructed Mayumbelo to “cease all action that may fuel or escalate” Ngairorue’s grievance “until such a time that the management committee pronounces itself on the matter”.

“Take all lawful and reasonable steps in accordance with the industrial relations policy and any other law to ensure that the grievance of Mr B Ngairorue is brought to the management committee,” she instructed.

Approached for comment yesterday, Mayumbelo said “issues pertaining to disciplinary processes of individuals remain confidential as per council policy”.

“Council’s code of conduct as well as council policies and procedures clearly depict roles of responsibilities of both officials as well as councillors. In administrative matters such as this, both parties are binded by council policies as well as the Local Authorities Act,” he said.

No interference

Critics have since accused Larandja of meddling in the administrative affairs of the municipality.

“It is surprising that politicians are getting involved in operational matters. This shows that there is a blurred line as far as mandates are concerned. This is a worrying trend because the executives are not allowed to do their work without political influence,” a municipal insider said.

Larandja yesterday disputed interference claims, saying she only stepped in because Ngairorue had threatened to drag the council to court if his grievance was not elevated to the management committee.

“It was imminent that legal action was going to be taken as per the correspondence. I had a duty to act and request that any action be halted until the grievance has been heard, as it has been brought to my attention that no action has been taken by the acting CEO since February 2021 on this issue,” she said.

She added that her action was in line with the delegation of the council and that it would not be in the council’s interest to wait and only act after a court order.

“The notion of favouring the employee; being in cahoots with the employee to advance the interest of an employee is misplaced,” she said.

Suspension looming

Mayumbelo is allegedly hellbent on getting Ngairorue out of his job, with the two apparently not seeing eye to eye.

In a letter dated 8 February, Mayumbelo told Ngairorue that there are plans to suspend him.

“Council has bona fide reasons to believe that you have committed an act of serious misconduct which may lead to your dismissal. The acting CEO has intention to suspend you from duty,” Mayumbelo wrote at the time.

He added: “There are serious allegations concerning dishonesty and gross negligence against you that emanate from the fibre optic network internal audit investigation report”.

He said council fears Ngairorue might interfere with potential witnesses or destroy evidence.

The Namibian reported earlier this year that Ngairorue faces charges of approving law firm Uanivi Gaes Incorporated to provide a legal opinion on the joint business venture's procurement of a fibre optic network, and to act as the project's transaction adviser.

He also faces charges linked to the alleged unauthorised approval of payments worth N$71 800 to the law firm.

According to internal documents, the payments were not in line with the provisions of the Public Procurement Act of 2015.

Ngairorue was subsequently summoned to a hearing on 9 February to explain why he should not be suspended. At the hearing, a letter from Ngairorue’s legal team stated that Mayumbelo failed to appear.

His legal team was also of the view that Mayumbelo victimised and discriminated against Mayumbelo.

The matter was placed on the back-burner for months, only to resurface in October when Mayumbelo informed Ngairorue again about plans to suspend him.

Ngairorue’s legal team, Kadhila Amoomo Legal Practitioners, on 14 October wrote to Mayumbelo saying: “Your recent notice of intention to suspend is a duplication of processes, which is impermissible and unlawful”.

Ngairorue did not respond to questions sent to him.