Kahimise out again

The tumult at the City of Windhoek continues, with CEO Robert Kahimise suspended for a second time in less than a month on Monday night, and a mere two days after returning to his post.

Kahimise's lawyer, Patrick Kauta, yesterday confirmed that his client would be seeking an urgent High Court interdict against the second suspension.

Kauta said his client was “suspended without reasons and benefits” at 19:15 on Monday night.

A letter, seen by Namibian Sun and signed by Windhoek deputy mayor Teckla Uwanga, was handed to Kahimise late on Monday in which he was informed that he was suspended for three months without pay in terms of rule 22 of the conditions of service at the municipality.

Uwanga said the decision to suspend was reached at a special council meeting on Monday.

The letter of suspension instructed Kahimise to hand over all his municipal assets, except his cellphone, to the deputy chairperson of the council.

He could keep the phone in order to “be reachable should you be needed,” Uwanga wrote.

Kahimise was further notified he was not to leave the “municipal area of Windhoek without the consent of the deputy council chairperson”.

Kahimise was further forbidden to enter the premises of the municipality or “interfere in activities of the municipal council, its staff, or potential witnesses in any way whatsoever without prior approval of the deputy chairperson of the council.”

Prior to Monday's suspension letter, Kahimise had been handed a notice of intention to suspend him on Friday afternoon, a move criticised by Kauta in a letter to the municipality, also dated Friday.

Kauta said the notice to suspend Kahimise and an invitation for Kahimise to make a representation against the suspension on Monday morning did not provide his client with sufficient time to work on a representation.

“In essence, giving him three working hours' notice to make the representation,” which Kauta argued was too short notice.

Three opposition councillors - Brunhilde Cornelius (RDP), Josef Kauandenge (Nudo) and Ignatius Semba (PDM) - again protested the decision to suspend Kahimise, and recused themselves from the decision to suspend the CEO on Monday.

Sources at the municipality yesterday said an urgent management meeting was scheduled for 13:00, followed by a special council meeting later this afternoon, reportedly to nominate an acting CEO.

Kahimise's return to work on Thursday last week was accompanied with an explicit warning from his lawyers that another move to suspend him would be met with legal action, as it would be unlawful in their legal opinion.

In a letter addressed to deputy mayor Uwanga on Wednesday, a day before Kahimise returned to work, Katua argued that another suspension in terms of clause 22 of the council's conditions of service would constitute an “unlawful and illegal administrative action”.

Kauta said based on resolutions taken at the 25 October council meeting, which concluded that Kahimise's suspension was made “in error”, and should be withdrawn with immediate effect, Kahimise could not be suspended a second time for the same reasons.

Kauta warned that a pre-suspension hearing notice to Kahimise would result in an immediate interdict at Uwanga's personal cost.

Kauta also argued that an “administrative act done admittedly in error” remains in full force until set aside by a competent authority.

“In this matter, the council resolved to reinstate our client after he served his suspension.”

JANA-MARI SMITH