Kanime case not urgent

22 April 2020 | Justice

JANA-MARI SMITH

WINDHOEK



A Windhoek city councillor's attempt to obtain an urgent interdict against a decision to extend City Police chief Abraham Kanime's contract for three years failed in the Windhoek High Court yesterday.

Judge Hannelie Prinsloo struck the application brought by Popular Democratic Movement (PDM) councillor Ignatius Semba from the roll for lack of urgency.

She also ordered Semba to pay the costs of the case.

Kanime resigned at the end of January after a decades at the helm of the Windhoek City Police.

His last working day was to be the end of this month.

However, on 27 February the majority of city councillors agreed to negotiate with Kanime to stay on until 31 April 2023.

Semba and others objected, arguing that such extension would be unlawful. His court application sought to have the council decision set aside.



Legalities

Critics argued that according to local authority regulations, a contract terminated by resignation cannot be extended. If Kanime had retired, an extension of the contract would have been legal.





In court papers filed on Monday, Semba said he was under the impression that the matter regarding Kanime's appointment would be discussed further at a 19 March special council meeting. However, the item was withdrawn while a draft contract was drawn up.

It was then that he decided to take the matter to court.



Counter-argument

The council argued that the matter was not urgent, and that Semba could have taken the legal route after the February meeting already.

“He was present when the decision was taken and objected to it. Council decided to proceed and he left the meeting,” their papers state regarding the 27 February meeting.

The responding papers also noted that the extension of Kanime's contract was within the law and that the resignation would only have taken effect at the end of April. Until such time, they argue, Kanime remains an employee and a resignation could still be retracted.

Laura Pack of Pack Law Chamber is acting on behalf of Semba, while the council has secured the legal services of Frans Kwala.

Similar News

 

Rastafarian sues for N$1.4m

10 hours ago | Justice

JANA-MARI SMITHWINDHOEKA convict serving 35 years for murdering his girlfriend is suing prison authorities for N$1.4 million for cutting his hair.Petrus Fridel Frederik claims his...

Dippenaar magistrate denies bias

17 hours ago | Justice

ERWIN LEUSCHNERSWAKOPMUNDAfter an eight-month break the marathon trial of murder accused Jandré Dippenaar continued at the regional court in Swakopmund this week. At the start...

Babi's bail hearing tomorrow

1 day - 02 June 2020 | Justice

ELLANIE SMITWINDHOEKThe hearing of a bail application by self-proclaimed “prophet” Jackson Babi (30) and his co-accused, Friza Dumeni (25), has been postponed to tomorrow.They are...

Employers take on Geingob over retrenchments

2 days ago - 01 June 2020 | Justice

JEMIMA BEUKES WINDHOEKThe Namibia Employers Federation (NEF) on Friday said President Hage Geingob had no business replacing the existing labour law with a proclamation which...

'Only God can judge him'

2 days ago - 01 June 2020 | Justice

FRANCOISE STEYNBERGWINDHOEKSelf-professed prophet of House of Joy Ministries, Pastor Jackson Babi (30), and his co-accused Friza Dumeni spent the weekend behind bars.Accused of illegally being...

Rundu self-confessed killer back in custody

2 days ago - 01 June 2020 | Justice

KENYA KAMBOWERUNDUMurder accused Castro Domingo (34), who recently made headlines following his release from custody after the Rundu Magistrate's Court provisionally struck his case from...

Fishrot accused swim solo for bail

5 days ago - 29 May 2020 | Justice

OGONE TLHAGE WINDHOEK The cracks are starting to appear in what was previously a joint chorus sheet to either apply or stall...

Alleged girlfriend killer fights for discharge

6 days ago - 28 May 2020 | Justice

NAMPA WINDHOEK A man on trial in the Windhoek High Court for allegedly killing his girlfriend, International University of Management student Iyaloo...

Pointless releasing Gustavo – State

1 week ago - 27 May 2020 | Justice

JEMIMA BEUKESWINDHOEKThe State yesterday said granting Fishrot accused Ricardo Gustavo, who testified yesterday that he is 'penniless', would only burden his already suffering family.The former...

Late Ondonga king sued for strip-searching

1 week ago - 22 May 2020 | Justice

ILENI NANDJATO OSHAKATI The late omukwaniilwa of Ondonga, Immanuel Kauluma, is among 15 people cited in an almost N$4 million lawsuit by employees...

Latest News

NBL ready to deliver

10 hours ago | Business

Phillepus UusikuLife is slowing returning to normal as Namibians navigate the country’s gradual reopening following an easing of trade restrictions which were necessitated to combat...

Treasury demands reports of lockdown...

10 hours ago | Economics

OGONE TLHAGEWINDHOEKThe ministry of finance will demand full reports from public entities, ministries, agencies and offices detailing procurement expenditure incurred during stage one of the...

Over 120 lose jobs at...

10 hours ago | Labour

KENYA KAMBOWERUNDUAbout 120 people lost their jobs yesterday after a fallout between Chinese-born business magnate Stina Wu and a subcontractor that labour inspectors found to...

Namibia’s food security paradox

10 hours ago | Agriculture

Venomukona Tjiseua, sustainable agriculturalist: “The government must revisit its priority list and place agriculture at its correct spot.”With jobs disappearing, incomes drying up and savings...

The contest for hearts and...

10 hours ago | Opinion

Nightfall does not come all at once, neither does oppression. In both instances, there is a twilight, when everything remains seemingly unchanged.The above quote by...

Indemnity forms a matter of...

10 hours ago | Education

OGONE TLHAGEWINDHOEKWith some learners expected to return to schools today, education ministry executive director Sanet Steenkamp says parents will have to trust that schools have...

SA loosens lockdown to revive...

10 hours ago | International

South Africa sought to revive its stuttering economy on Monday with a partial lifting of its coronavirus lockdown, letting people out for work, worship or...

Rastafarian sues for N$1.4m

10 hours ago | Justice

JANA-MARI SMITHWINDHOEKA convict serving 35 years for murdering his girlfriend is suing prison authorities for N$1.4 million for cutting his hair.Petrus Fridel Frederik claims his...

No new stimulus package for...

10 hours ago | Health

STAFF REPORTERWINDHOEKGovernment will not offer new emergency income grants for residents of Walvis Bay whose town is back on lockdown for seven days after recording...

Load More