Nghiwete defiant
The suspended boss of the government’s student loans fund is not taking her suspension lying down.
CATHERINE SASMAN
The suspended CEO of the Namibia Students Financial Assistance Fund (NSFAF), Hilya Nghiwete, has demanded through her lawyer that alleged victimisation and disempowerment by the board be stopped.
She has given the board five days from 10 April to act, and added that the board should also stop instigating junior staff and the company secretary, Fillemon Wise Immanuel, to disregard her instructions.
Nghiwete’s suspension was announced by board chairperson Jerome Mutumba on 16 April after a board decision on the matter was taken on 9 April, alleging maladministration and/or administrative corruption, among other instances of misconduct.
Acting on behalf of Nghiwete, lawyer Sisa Namandje wrote a letter to Mutumba on 10 April, saying that documentation and correspondence provided by Nghiwete showed that the work of the board of directors “over the last few years” had been “in a sorry state”.
This clearly refers to the work of the board of directors led by previous board chairperson Patty Karuaihe-Martin, as well as the board now chaired by Mutumba.
Namandje wrote that the documentation provided to his law firm “discloses a tale of shocking maladministration and complete failure of moral courage on the part of the board of directors”.
Namandje claimed that there was a confirmed case of victimisation against Nghiwete by the previous board, which had overturned a disciplinary conviction against Immanuel without providing any reason.
The former attorney-general, Sacky Shanghala, had previously said the board’s interference in the Immanuel matter was wrong.
“[It] is now clear that the new board of directors appears to continue perpetrating victimisation of our client, and in particular disempowering our client of her functions she is fully entitled to carry out,” Namandje wrote.
He accused the new board, in particular Mutumba, of involving themselves in the day-to-day duties of the NSFAF secretariat and the CEO, stating that there were no provisions in the NSFAF Act that gave Mutumba these additional powers.
The letter accused Mutumba of having instigated junior NSFAF staff and company secretary Immanuel to disregard and disobey Nghiwete’s instructions and authority.
He said Mutumba had recently, for example, irregularly commissioned a special investigation by the internal auditor in respect of N$50 million “when the money to your [Mutumba’s] knowledge was properly spent”.
Nghiwete is reportedly particularly concerned over the manner in which Mutumba handled a board meeting on 23 March to which members of the executive committee were invited without her knowledge.
This meeting, it is alleged, turned out to be “a divisive and shaming exercise”.
It is understood that the March board meeting discussed the issues that eventually led to Nghiwete’s suspension.
Namandje said Mutumba should know that Immanuel was “properly convicted in the past but was unlawfully and irregularly saved” by the previous board of directors.
Namandje said Immanuel, with “tacit support” from Mutumba and his board, refused to provide Nghiwete the previous board’s handover report despite the fact that she was an ex officio member of the board.
“This must be immediately rectified,” demanded Namandje, and accused the board of wanting to frustrate Nghiwete “out of her position”.
Namandje charged that the previous and current boards’ actions in relation to Nghiwete were unlawful in several respects, saying Nghiwete was entitled therefore to approach a court of law for appropriate relief, not only to protect her interests but also to ensure the NSFAF was run and administered properly.
Nghiwete further threatened with court action if the findings of a disciplinary committee in Immanuel’s case were not reinstated.
It is understood that Nghiwete was in China when her lawyer’s letter reached Mutumba on 10 April, and was unaware that she had been suspended.
Mutumba said he was not in a position to comment on the matter at this stage.
The suspended CEO of the Namibia Students Financial Assistance Fund (NSFAF), Hilya Nghiwete, has demanded through her lawyer that alleged victimisation and disempowerment by the board be stopped.
She has given the board five days from 10 April to act, and added that the board should also stop instigating junior staff and the company secretary, Fillemon Wise Immanuel, to disregard her instructions.
Nghiwete’s suspension was announced by board chairperson Jerome Mutumba on 16 April after a board decision on the matter was taken on 9 April, alleging maladministration and/or administrative corruption, among other instances of misconduct.
Acting on behalf of Nghiwete, lawyer Sisa Namandje wrote a letter to Mutumba on 10 April, saying that documentation and correspondence provided by Nghiwete showed that the work of the board of directors “over the last few years” had been “in a sorry state”.
This clearly refers to the work of the board of directors led by previous board chairperson Patty Karuaihe-Martin, as well as the board now chaired by Mutumba.
Namandje wrote that the documentation provided to his law firm “discloses a tale of shocking maladministration and complete failure of moral courage on the part of the board of directors”.
Namandje claimed that there was a confirmed case of victimisation against Nghiwete by the previous board, which had overturned a disciplinary conviction against Immanuel without providing any reason.
The former attorney-general, Sacky Shanghala, had previously said the board’s interference in the Immanuel matter was wrong.
“[It] is now clear that the new board of directors appears to continue perpetrating victimisation of our client, and in particular disempowering our client of her functions she is fully entitled to carry out,” Namandje wrote.
He accused the new board, in particular Mutumba, of involving themselves in the day-to-day duties of the NSFAF secretariat and the CEO, stating that there were no provisions in the NSFAF Act that gave Mutumba these additional powers.
The letter accused Mutumba of having instigated junior NSFAF staff and company secretary Immanuel to disregard and disobey Nghiwete’s instructions and authority.
He said Mutumba had recently, for example, irregularly commissioned a special investigation by the internal auditor in respect of N$50 million “when the money to your [Mutumba’s] knowledge was properly spent”.
Nghiwete is reportedly particularly concerned over the manner in which Mutumba handled a board meeting on 23 March to which members of the executive committee were invited without her knowledge.
This meeting, it is alleged, turned out to be “a divisive and shaming exercise”.
It is understood that the March board meeting discussed the issues that eventually led to Nghiwete’s suspension.
Namandje said Mutumba should know that Immanuel was “properly convicted in the past but was unlawfully and irregularly saved” by the previous board of directors.
Namandje said Immanuel, with “tacit support” from Mutumba and his board, refused to provide Nghiwete the previous board’s handover report despite the fact that she was an ex officio member of the board.
“This must be immediately rectified,” demanded Namandje, and accused the board of wanting to frustrate Nghiwete “out of her position”.
Namandje charged that the previous and current boards’ actions in relation to Nghiwete were unlawful in several respects, saying Nghiwete was entitled therefore to approach a court of law for appropriate relief, not only to protect her interests but also to ensure the NSFAF was run and administered properly.
Nghiwete further threatened with court action if the findings of a disciplinary committee in Immanuel’s case were not reinstated.
It is understood that Nghiwete was in China when her lawyer’s letter reached Mutumba on 10 April, and was unaware that she had been suspended.
Mutumba said he was not in a position to comment on the matter at this stage.
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