Kahimise fends off another suspension

The High Court yesterday put on hold a third attempt by the City of Windhoek to suspend its CEO on disciplinary charges.

30 January 2019 | Justice

City of Windhoek CEO Robert Kahimise yesterday won a stay in suspension proceedings after bringing an urgent application before High Court Judge Claudine Claasen.

The judge ruled that yesterday afternoon's pre-suspension hearing, and any further action, was stayed until the outcome of his court application was made.

She instructed the City to file answering affidavits by 1 February. Kahimise was instructed to respond on or before 7 February and the matter was postponed to 8 February.

In his founding affidavit, Kahimise said he sought relief from repeated proceedings against him by the city council “pending the finalisation of the labour dispute” between him and the City.

He explained at length the “grave damage to (his) image as a member of society” that the stigma of his repeated suspensions had brought.

The City had twice suspended him and then reinstated him, only to launch new suspension procedures following alleged irregularities with a study loan, special leave and an overseas trip.

Yesterday the City, after reinstating him on 25 January, sought to suspend him for a third time, but the meeting was stayed by the High Court order.

Kahimise detailed the process of his application for tuition fees under the City's Private Study Aid Scheme, which he said was approved by the mayor and the chairperson of the management committee and “supported by a senior human resource officer”.

He said he also applied for special leave of 11 calendar days to attend seminars related to his studies.

As a staff member of the City, Kahimise asserted that he was eligible for the tuition monies.

The suspension of City Police chief Abraham Kanime is also discussed in some detail by Kahimise. He said after he had informed council member Moses Shikwa, who had posed several questions regarding the police chief's suspension, of the details of the matter, a motion was still made by him to seek an independent legal opinion on the matter.

This was followed by several other management committee meetings which purportedly probed his study aid as well as allegations that he had concealed the issue for six months.

In his documents before the court, Kahimise filed his application for study aid, which form was fully completed and approved as per the requirements.

However, the committee found against him.

“This was done despite the fact the council had already started deducting, and continues to date, to deduct the repayment instalments.”

Moreover, he said, the management committee recommended 'special leave' while the council recommended 'suspension'.

“While [the] council resolved to suspend me on 17 October 2018, it acted unfairly in that it never sought any representation from me” in terms of the conditions of service, Kahimise told the court.

Following this, Kahimise was reinstated only to be suspended again on 5 November last year. On 8 November, he laid a complaint at the labour commissioner's office. A first conciliation meeting on 17 December did not materialise and subsequently took place on 11 January. These “proceedings were postponed to a further date” for the City to obtain further instructions.

However, Kahimise told the court, on 25 January he was informed that council had on 24 January resolved to set aside his suspension and that he was to report for duty on the 25th.

Then, he was informed in yet another letter that he should make representations on 29 January at 14:30 why he should not be suspended.

“I say I was surprised because the proceedings which are pending before the labour commissioner have not yet been concluded.”

Patrick Kauta from Weder, Kauta and Hoveka act for Kahimise while Willem van Greunen from Köpplinger Boltman appears for the City.

YANNA SMITH

Similar News

 

Covid delays Möller murder trial

20 hours ago | Justice

ERWIN LEUSCHNERSWAKOPMUNDThe start of the murder trial of the five men accused of murdering Walvis Bay businessman Hans-Jörg Möller in 2016 has been delayed until...

Gertze's attempted murder case withdrawn

4 days ago - 18 September 2020 | Justice

OGONE TLHAGEWINDHOEKNamibia Qualifications Authority (NQA) CEO Franz Gertze is off the hook after the Office of the Prosecutor-General declined to prosecute him for a shooting...

Estate agent guilty of stealing Congolese general's money

6 days ago - 16 September 2020 | Justice

JANA-MARI SMITHWINDHOEKA Swakopmund estate agent accused of stealing US$900 000 (N$6.7 million) from a Democratic Republic of Congo military general ten years ago has been...

Fishrot 7 could be released

1 week ago - 15 September 2020 | Justice

OGONE TLHAGEWINDHOEKA magistrate yesterday thinly suggested the court might have no further reason to keep the Fishrot accused in custody if investigators do not wrap...

Masule ruling on 28 September

1 week ago - 11 September 2020 | Justice

JEMIMA BEUKES WINDHOEKGovernment attorneys yesterday argued that the High Court does not have the jurisdiction to hear the urgent application brought by Anti-Corruption Commission (ACC)...

'Strike Fishrot case from the court roll'

1 week ago - 11 September 2020 | Justice

OGONE TLHAGEWINDHOEK Trevor Brockerhoff, the lawyer representing former Investec manager Ricardo Gustavo, has asked the Windhoek Magistrate's Court to consider striking the Fishrot...

Bribery saga accused make renewed plea for freedom

1 week ago - 10 September 2020 | Justice

OGONE TLHAGE WINDHOEKLawyers representing the Fishrot accused have asked the Windhoek Magistrate’s Court to provisionally release their clients, as the State cannot...

Court grants husband bail after wife dies in 'scuffle'

1 week ago - 10 September 2020 | Justice

NAMPAGOBABISThe Gobabis Magistrate's Court on Monday granted bail of N$2 000 to Fritz Paul, who allegedly killed his wife during a scuffle at Farm Kroonster.Court...

Con man sues for N$5m

2 weeks ago - 08 September 2020 | Justice

JANA-MARI SMITHWINDHOEK A Hardap prison inmate and South African citizen convicted on multiple charges of fraud has filed a N$5 million lawsuit against...

Woman sues after AK-47 beating by soldier

2 weeks ago - 07 September 2020 | Justice

JANA-MARI SMITHWINDHOEKA new lawsuit brought by a civilian against the Namibian police and army centres around an alleged savage attack by a soldier who beat...

Latest News

Copper struggles on virus resurgence

20 hours ago | Business

Copper prices eased back yesterday from the highest levels in more than two years as Covid-19 cases surged, threatening to curb economic activity and metals...

'Broke' Edgars won't dent Oryx...

20 hours ago | Business

Oryx Properties has shielded itself against possible vacant space in Maerua Mall resulting from Edcon's bankruptcy protection by reaching a lease agreement with South African-based...

Teenager raped in quarantine

20 hours ago | Crime

JEMIMA BEUKES AND ADOLF KAURESWAKOPMUND/WINDHOEKSwakopmund State Hospital driver, 26-year-old Glenn Clifford Leister, has been denied bail by the local magistrate's court after appearing in connection...

Covid-19: Partying Namibians throw caution...

20 hours ago | Health

JEMIMA BEUKES WINDHOEKNamibians have thrown caution to the wind and are failing to adhere to regulations without being policed, after the Covid-19 state of emergency...

Swapo's Wakudumo and Shinduvi face...

20 hours ago | Politics

Kenya KamboweRUNDUThe Swapo Kavango East regional executive committee (REC) passed a motion of no confidence in the region's coordinator Ottilie Shinduvi and the regional mobiliser...

Kauhaie wins the crown

20 hours ago | Youth

Irene-Mari van der Walt Swakopmund • [email protected] the cancellation of the Mr Teen Swakopmund 2020, the Miss Teen Swakopmund 2020 pageant went ahead at...

Declining repo rate supports domestic...

20 hours ago | Business

PHILLEPUS UUSIKUThe Bank of Namibia (BoN) and the South African Reserve Bank (SARB) have cut the repo rate several times since both countries announced states...

Government availing shacks humiliating

20 hours ago | Opinion

In January 2019, President Hage Geingob described shacks (corrugated iron homes) as a 'humanitarian crisis'. “We have a crisis where human beings are staying in...

World Tourism Day

20 hours ago | People

Michael ShagandjwaThe country should establish more unique heritage attractions that reflect our country’s background. Create an interesting image with reservations that are worth viewing and...

Load More