Nghiwete fights back

Suspended CEO of the Namibia Students Financial Assistance Fund (NSFAF), Hilya Nghiwete, has filed an application with the High Court in which she claims that the NSFAF board was not properly appointed and has no authority to institute disciplinary steps against her.

Nghiwete says the board's appointment, composition and constitution was done in terms of the NSFAF Amendment Act of 2014, which is yet to come into force and is therefore invalid.

Higher education minister, Dr Itah Kandjii-Murangi, in January announced the appointment of the new board chaired by Jerome Mutumba for a one-year term in terms of the NSFAF Amendment Act of 2014.

However, when Kandjii-Murangi realised that this legislation is not yet in force, board members were issued with new appointment letters - this time for a three-year term – in terms of the NSFAF Act of 2000, read together with the Public Enterprises Governance Act of 2015.

Nghiwete was then also appointed as an ex-officio member on the board.



Victimisation

Nghiwete, in her founding application, claimed to have been subjected to continuous victimisation by the previous and current NSFAF board of directors on “spurious and unfounded allegations”, saying there seems to be a determined effort to unfairly and unlawfully terminate her employment at NSFAF.

Nghiwete said as soon as the new board commenced its term, it became clear that it wanted to get rid of her and “without hesitation victimised” her.

This victimisation, she said, particularly came from Mutumba, who among others, made “disparaging and defamatory allegations” against her on NBC's One-on-One television programme without her having been given an opportunity to be heard.

Kandjii-Murangi in her answering affidavit said she is not aware of any ulterior motive by the current board to get rid of Nghiwete.

Acting CEO of NSFAF, Kennedy Kandume in court papers filed on behalf of the fund, denied the claims of victimisation, saying the board is trying to resolve allegations of maladministration and misconduct levelled against Nghiwete.

He said if the board had preferred not to deal with these matters, there is the potential of eroded public trust and dissatisfaction. He also said the former board at no stage took any action to unfairly and unlawfully terminate Nghiwete's contract.

Kandume further stated that Nghiwete knew all along that the NSFAF Amendment Act had not yet come into force because she – as the CEO of the fund – had at all times operated as if the Amendment Act had come into operation.



Disciplinary action

Nghiwete was suspended on 14 April pending the institution of a disciplinary hearing. She registered her objection at receiving the charges formulated against her later than the requisite 14 days.

She received an electronic unsigned version of the charges on 30 April after it was communicated to her that a forensic investigation of the charges by KPMG would take longer than two weeks.

A disciplinary hearing was convened for 7 May, but Nghiwete requested an adjournment to secure legal representation.

She was again served with additional charges on 20 September, and the disciplinary hearing was scheduled for 3 October.

Despite Nghiwete's argument that the board was illegally appointed and therefore cannot suspend or press charges against her, the chairperson of the disciplinary hearing, Clement Daniels, directed on 9 October that the hearing must proceed.

Nghiwete said this decision is “unsound and bad in law” for a number of reasons.

The disciplinary process is stayed until the finalisation of her High Court application.





CATHERINE SASMAN