The Gr o o t f o n t e i n municipality claims the suit filed against it by its suspended CEO, Kisco Sinvula is an attempt to cover up serious allegations against him.
The council is of the view that Sinvula’s purpose to institute review proceedings is to use the court to aid him in covering up the serious allegations of impropriety levelled against him.
“The applicant’s aim is simple. It is this: he must not be investigated; the council must not inquire into the serious allegations of impropriety and maladministration against him,” said the council’s lawyer Eliaser Nekwaya.
Sinvula in May approached the High Court to review and set aside the council’s decision to suspend him on 24 March and further appoint Henry Shimutwikeni as the investigator in his case.
At the time of his suspension, he was furnished with a notice for a disciplinary hearing on 30 counts of misconduct.
These allegations range from insubordination, abuse of power, violations of the Local Authorities Act, violations of the Procurement Act, corruption, forgery, misleading and misrepresentation of facts, negligent trading, utterance and violations of the labour law, racketeering and the misuse of public funds.
Nekwaya has asked the court to dismiss Sinvula’s application, stating that it was filed after the 30-day rule and he failed to give reasons why his application was filed late.
Furthermore, they lawfully suspended him and Shimutwikeni was appointed to investigate as authorised by the Local Authorities Act.
Sinvula, through his lawyer James Diedericks, is adamant that his suspension was illegal as council acted outside its powers.
According to Diedericks, the law surrounding the disciplinary hearing of CEOs and head of departments is different. It dictates that the minister is responsible for designating a person that must act as chairperson of any disciplinary committee established in relation to adjudicating allegations of misconduct against a CEO of a municipality.
He said this was not the case in Sinvula’s matter. Thus, the court should set aside Sinvula’s suspension and the appointment of Shimutwikeni.
Judge Boas Usiku will give a ruling on 26 January 2023.
– mamakali@nepc.com.na