The decision by the Gobabis municipality to suspend its four managers and two junior employees has been declared unlawful by the Windhoek High Court.

On Friday, Judge Herman Oosthuizen set aside the decisions taken in May, August, September and November 2021 by the Council of Gobabis municipality to suspend its human resources executive Frieda Shimakeleni; electrical services manager Johannes Nantuua; human resource manager Ashipala Shilemba; finance, IT and procurement manager Fillemon Makili; Paul Kayambu (IT technician) and IT officer Kondjeni Nghiwanapo, stating they were unreasonable.

Oosthuizen also set aside the appointment of Steve Adonis as acting CEO for Gobabis municipality on 5 July 2021 and all the decisions he may have taken during his tenure. 

He said not only were the meetings not properly convened, but the Council decided to suspend the employees based on a 2020 ministerial report and a 2017 audit report without investigating and verifying the findings of those reports. 

“In the circumstances, Council had the duty to inform the applicants of its intentions and accord the said applicants the opportunity to be heard before the suspension, which subsequently turn out to be unreasonably long,” said Oosthuizen.

The group approached the High Court after they were suspended for allegedly disobeying or disregarding work-related orders, revealing confidential information about council to unauthorised persons and interfering or tampering with evidence relating to another ongoing investigation.

The group argued in court that they were never afforded the opportunity to be heard and subsequently defend themselves against the allegation. 

The group claimed their suspension was a concerted and calculated campaign of tribal victimisation and harassment.

Due to the manner in which they were suspended, they continue to be stigmatised.

The Gobabis municipal council said the argument by the group that they were suspended on tribal grounds is unfounded. 

The group allegedly failed to give evidence of either documents or utterances of their allegations.  

“There is no reference to a tribe in any of the documents which form part of the record. The fact that applicants are members of a specific tribe is perhaps simply a coincidence and has no bearing on the reasons for their suspension,” indicated the council in their heads of arguments.

The suspended group was represented by Sisa Namandje and Gilroy Kasper, while Marcy Kuzeeko represented the Gobabis municipal council.

- mamakali@nepc.com.na