Obrein Simasiku

MUTHIYA – Omuthiya mayor John Ndeutepo says the local authority will not be held to ransom by disgruntled individuals, as the town continues to operate without a substantive CEO for about two years. 

In an interview with New Era, Ndeutepo said council is busy consulting with the line ministry and relevant authority on how to timely recruit a new CEO. 

The town council has been unable to recruit a new CEO due to a dispute, which is before the labour commissioner and in the High Court, lodged by the former CEO Samuel Mbango, who
claimed unfair dismissal. 

Mbango argued his
employment contract was breached, claiming he was served on short notice in June 2019 of council’s intentions not to renew his contract. 

Mbango’s contract came to an end in August 2019. The former CEO has argued council was supposed to inform him before June 2019 about his employment status as stipulated in his contract.  

Mbango also argued he was not given sufficient reasons why his contract could not be renewed, as he believes he was performing optimally. 

“We are busy consulting on what process and how we can recruit a new CEO. As a new council, we realised that there is actually no dispute at all; therefore, this case holds no merits – and in fact, as council, we were not even supposed to be defending this matter. The former was given an opportunity to reapply, since his employment contract runs for five years,” said Ndeutepo. 

“We will not be kept to ransom by one individual at the expense of the residents we have to serve. Therefore, we are forging ahead with the idea of advertising this post as soon as consultations are done.” 

When asked about the legal battle, he insisted: “There is no dispute and never was, so we will go ahead and the court can decide on which way; for now, we are only seized with getting a substantive head”.  Furthermore, Ndeutepo said, the institution is already understaffed; hence, there is no need to wait longer, as the state of affairs is compromising the service delivery and performance of the local authority.  

“There is personnel vacuum, whereby almost everyone is just acting; we really need to fill these vacancies soon,” he added. 

Meanwhile, labour expert Herbert Jauch said the move to employ a new CEO while the matter is still before courts is very risky and that might come back to haunt the council if the court rules against them. 

“Courts normally look at technicalities, looking at the clause of the employment contracts – whether such were followed and honoured. Therefore, there is possibility council might pay heavily if the court rules in favour of the former CEO. It may order reinstatement or to pay former CEO, which will be a very expensive exercise,” stressed Jauch.

- osimasiku@nepc.com.na