WINDHOEK – Suspended TransNamib CEO Sara Naanda’s much publicised intimate relationship with business executive Augustinus Katiti has come into sharper focus after being cited in a set of draft charges served on her by the company on Monday.
Naanda – who was suspended on October 30 last year – received the charges after the completion of an investigation into the company by audit firm Ernst & Young.
She was cited in three charges – breach of confidentiality obligations, conflict of interest and breach of trust, documents seen by New Era indicate.
The charge sheet is littered with Katiti’s name, especially under the subjects of breach of confidentiality and conflict of interest.
However, Naanda’s lawyer Richard Metcalfe would contend that his client is being charged under the authority of a board chairman – Dr Pieter Oosthuizen – who allegedly has no legal papers to work in Namibia.
TransNamib board chairman Oosthuizen is a subject of investigation by the Anti-Corruption Commission (ACC) and the Ministry of Home Affairs over claims that he has no valid permit to work in Namibia.
The authenticity of his engineering qualifications is also a subject of investigation by the ACC, director general Paulus Noa told New Era this week.
In fact speculation was rife that Oosthuizen would be arrested yesterday if he failed to furnish authorities with documents proving the authenticity of his qualifications and a valid work permit, but nothing to that effect was reported by time of going to print last night.
Under the breach of confidentiality charge, Naanda is accused of having shared the content of a letter meant for then works minister Erkki Nghimtina, with Katiti, who is said to be her boyfriend.
The information in the letter to Nghimtina related to lease and joint venture agreements between TransNamib and private companies.
New Era understands that one of the companies, Beau Home Real Estate, is linked to Katiti. TransNamib accuses Naanda of also copying Katiti in an email containing a confidential financial offer for the employment of a chief legal advisor.
TransNamib’s salary structure for D3 and D4 levels were also contained in the said email, which was meant for board members only, the charge sheet reads.
The State-owned rail and transport company further alleges that Naanda shared with Katiti the company’s unaudited financial information, strategies on how to deal with problems facing the company, information on commercialisation and marketing of the company and outstanding debtor amounts.
“You breached your obligations and duties relating to confidentiality of information by sending this email containing the abovementioned confidential report and confidential information…” the company states in the charge sheet.
On conflict of interest, it is TransNamib’s submission that on March 11, 2013 Naanda acted in conflict of interest by refusing to recuse herself from attending to the draft of a letter to Nghimtina regarding the lease or joint venture agreements in which Beau Homes Real Estate – a company linked to Katiti – could be a beneficiary.
The last straw, the company claims, was when towards the end of last year Naanda involved herself in the method and manner of terminating the lease agreement between TransNamib and Beau Homes, a process that favoured the interest of Katiti. The charge sheet did not explain how Katiti would have benefited from the said termination.
These series of events are reasonable causes for suspicion of dishonesty and mistrust, TransNamib said. The company believes this breaks down the relationship between Naanda and her employers, which is not in the interest of TransNamib’s commercial activities and erodes public trust.
Naanda’s lawyer, Metcalfe, contends that Katiti has never had access to his (Metcalfe’s) client’s email.
“Ms Naanda used Mr Katiti’s laptop during February 2013 to April 2013 because TransNamib Holdings Limited had not supplied her with one,” Metcalfe said.
“The confidential emails thereon were deleted before the laptop was returned to Mr Katiti.”
Metcalfe branded the TransNamib board of directors as “incompetent” and challenged Oosthuizen to prove the credibility of his permit to work in Namibia.
If Oosthuizen is found to have been working in Namibia without a valid work permit, Naanda’s lawyers might argue that their client was suspended by someone who had no authority to do so. The lawyers might then push for the matter to be dismissed on technicalities.
Naanda has so far received backing from sections of the ruling party, including the Swapo Party Youth League (SPYL).