Mwoombola drops tender bombshells

Former health permanent secretary Andreas Mwoombola has alleged in court papers that health minister Bernhard Haufiku had become abusive towards him, after a legal opinion had clarified that the accounting officer has the final say on procurement.

Mwoombola is further arguing in his Labour Court papers that Haufiku wanted to get rid of him for a variety of reasons, including to appoint his preferred person as PS.

He alleged Haufiku had as clear and direct interest in procurement at the ministry.

“Once we received an opinion from the attorney-general that the accounting officer would be the ultimate decision-maker at public entities in all matters of procurement and the minister has no part to play in public procurement, his attitude changed,” Mwoombola alleged.

According to him the Public Procurement Act came into effect on 1 April 2017, at the same time the minister started interfering in procurement.

He said Haufiku had shown abusive behaviour towards him.

Mwoombola has turned to the Labour Court to challenge the disciplinary proceedings initiated against him by cabinet secretary, George Simataa.

He was suspended from office on 18 July 2017 to pave the way for an investigation into allegations of corruption and mismanagement.

Upon completion of the investigation on 1 August, disciplinary processes were instituted against Mwoombola.

In December last year, he was transferred to the cabinet office in the Office of the Prime Minister.

Simataa said at the time that Mwoombola's transfer was necessitated by the squabbles between him and Haufiku.





“The transfer is necessitated by the urgent need to normalise the administrative and political interface at the Ministry of Health and Social Services. Therefore, the transfer has to be made to ensure that operations of this critical ministry continue smoothly and unaffected,” Simataa said in a statement. He said Mwoombola's transfer has nothing to do with the disciplinary process, “but purely an administrative matter aimed at promoting administrative effectiveness at the Ministry of Health and Social Services in particular and the public service in general”.

Mwoombola is arguing in his Labour Court papers that the disciplinary committee established by Simataa, supposedly in consultation with Haufiku and Prime Minister Saara Kuugongelwa-Amadhila, falls short of the requirements in the law. The court proceedings are currently at the case management stage.

“An incurable injustice will ensue should the disciplinary committee, not convened to the letter of the law oversee my case. There is no evidence that Simataa consulted the prime minister as required by law,” Mwoombola argued.

According to Mwoombola, under the circumstances Simataa would be permitted to guarantee the outcome of the hearing.

He urged the court to find that there is a reasonable apprehension of bias and that the committee should be recused.

This objection, Mwoombola said, was also raised at the hearing, but was dismissed. Mwoombola wants Simaata's decision to establish a disciplinary committee, the refusal of the committee to provide him with additional evidence and with further particulars of the charges, reviewed and set aside.

Alternative he wants the court to set aside the decision taken by the disciplinary committee on 12 September 2017 to dismiss his objection to its composition.

He wants the court order to uphold his objection. The disciplinary committee, Mwoombola said, also made a decision on 9 October 2017 not to order the initiator to present additional evidence to support the charges against him. Alternatively, Mwoombola wants to order the respondents to provide him with further particulars and evidence, before the disciplinary proceedings commence.

In his review application, he said disciplinary committee chairperson Shivute Indongo and the committee's other members, Ono Nangolo and Rector Finyeho, cannot be considered suitable persons, as required by provisions of the Public Service Act. “They are all public service officials and are my juniors. I am concerned that this undermines their independence and that the provisions of the Namibian constitution require impartiality and independence for this tribunal.”

In the second part of his court application, Mwoombola wants the respondents to be interdicted from continuing with what he considers unlawful disciplinary proceedings, which amount to an unfair labour practice.

Alternatively, he wants the proceedings stopped.



FRED GOEIEMAN