Kanime’s fate to be decided by May 22

Home Crime and Courts Kanime’s fate to be decided by May 22

Selma Ikela

WINDHOEK – Legal teams in the matter between suspended City Police Chief Abraham Kanime and the City of Windhoek agreed in the High Court on Friday that the City’s Chief Executive Officer, Robert Kahimise, and the council of the City of Windhoek meet not later than May 22.

According to the agreement, at the meeting the council is to consider whether to lift Kanime’s suspension.
The legal teams also agreed that the involved parties in Kanime’s pending disciplinary hearing should also agree on the same date (May 22) and set a suitable date for the continuation of the said hearing. 
The legal teams are Sisa Namandje representing Abraham Kanime and advocates Raymond Heathcote and Phatela Thabang representing Kahimise and council of the City of Windhoek.
This matter, in which Kanime filed an urgent application compelling the city to set aside his suspension, was heard in court on Friday. 
But Judge Harald Geier said he could not understand why the two parties, who are represented by senior legal representatives, could not reach an agreement on the matter. Geier pointed out that the respondent(s) failed to set a day for the remaining charges to be heard after 24-69 were dropped.  
Geier said although there were recommendations to lift Kanime’s suspension, they were not followed through. He also added that President Hage Geingob’s sentiments were featured in the media, a suggestion that upliftment of suspension should be considered. Geier said this should have played a role in the CEO’s stance to lift Kanime’s suspension.  Geier further asked whether the City wanted Kanime on full pay without receiving value for its money.
Geier then asked the two teams to consider his points and negotiate the matter before he could make a ruling. It was then when the two legal teams agreed that the first and second respondent call for meeting not later than May 22 this year to resolved and consider whether or not to uplift Kanime’s suspension. The matter was postponed to June 5 for status hearing. The court also ordered that the costs of this application are to stand over for later determination. 
Kanime filed an urgent application in the High Court last month compelling the City to set aside this suspension, which Kanime argues has become unfair, unnecessary, unlawful and unconstitutional. Kanime wants to be reinstated into his position following his suspension in March last year by City CEO Kahimise for alleged serious misconduct.
However, the City of Windhoek through its lawyers indicated this week that there are opposing Kanime’s reinstatement. 
In court documents, Kanime said since beginning of March 2019 to date, the respondents have through their legal practitioner, completely refused to fix dates for the hearing and to finalise the matter or even to uplift his suspension. 
Kanime stated  the fact that some of the charges have since fallen off through the preliminary legal point raised by his legal practitioner on 27 November 2018, the fact that some charges were abandoned by the  by respondents during January 2019, and the fact that based on the memorandum of May 3, 2018 from the Chief Internal Auditor to the first respondents, which memorandum was not produced at the hearing on November 27, 2018, it is very clear that the remaining charges which in any even disputes, will be quashed if the hearing were to proceed.