Nghiwete hits back at ‘primitive’ NSFAF board

MATHIAS HAUFIKU



WNDHOEK

Under-fire Namibia Students Financial Aid Fund (NSFAF) chief executive officer Hilya Nghiwete has accused the fund’s board of ‘primitively’ hijacking her disciplinary hearing and dismissing her even before the process was concluded.

NSFAF at the time roped in Clement Daniels to chair the hearing, but his tenure was cut short following the board’s “sudden” intervention.

According to Nghiwete in court papers filed last Friday, the board “unlawfully, unfairly and irregularly hijacked the disciplinary process”.

“As it turned out, the chairperson [Daniels] of the hearing was never given an opportunity to decide on that issue as on 6 and 7 February 2020 the Appellant’s Board of Directors stopped dead (and killed) the disciplinary hearing without notice to the chairperson of the hearing. It unlawfully usurped his powers.”

According to Nghiwete, the board earlier admitted that she was fired without being served with any charges.

She further indicated that NSFAF appointed its company secretary Fillemon Wise Immanuel as the coordinator of the disciplinary matter, notwithstanding the fact that there was a rift between him and Nghiwete.

Despite an arbitrator’s decision that Nghiwete must be reinstated, NSFAF has pooled all its resources to ensure that she does not return.

Irreconcilable

The fund said its image and reputation improved tremendously, with the number of public complaints declining remarkably, since Nghiwete’s departure.

NSFAF also claims the relationship between the CEO and the institution is irreconcilable, hence she should not resume her duties.

Nghiwete, however, disputed that assertion, saying the board does not have evidence as to whether or not her relationship with the fund has broken down.

“The evidence of acting CEO Mr [Kennedy] Kandume and the company secretary Mr [Immanuel] is irrelevant and unreliable in that aspect, particularly in view of the fact that the acting CEO is currently benefitting from the continued absence of the first respondent while the company secretary is clearly biased against the first respondent,” Nghiwete’s court papers read.

In its main heads of arguments for an appeal against the arbitrator’s order to reinstate Nghiwete and reimburse her N$3 million backpay, NSFAF said she was paid over N$4 million while not rendering any services to the fund, putting the institution in a precarious financial position.

Nghiwete refuted NSFAF’s claims, adding that the fund “simply does not like the decision of the Arbitrator”.

“The court, however, does not need to consider the Appellant’s seductive cry for mercy, it appears, on the basis of a wrong misconception that equitable considerations are what matters. The court, with respect, may only apply the law, not equity,” she said.

Sufficient grounds

The fund, meanwhile, said there were sufficient grounds to suspend the disciplinary hearing Nghiwete failed to attend, and dismiss her altogether.

These grounds include the fact that she was booked off sick for three months for a disease simply referred to as ‘psychopathological’ without informing the institution, yet travelling to Finland on personal business.

It is not clear why Nghiwete was medically fit to conduct private business but unfit to participate in a disciplinary hearing, the fund said.

She also reportedly refused to see a doctor recommended by the fund after it was found that her sick leave certificate was “wholly inadequate and provided no explanation for her condition or her ability or inability to participate in the disciplinary hearing”.

There are also talks the board wanted Nghiwete to go for psychiatric evaluation.