WINDHOEK - The City of Windhoek through its lawyer will oppose the reinstatement of suspended City Police Chief Abraham Kanime to his position - High Court documents reveal.
This is after Kanime filed an application in the High Court last month compelling the City to set aside his suspension - which Kanime argues has become unfair, unnecessary, unlawful and unconstitutional.
Kanime filed the case on 29 April 2019 and wants to be reinstated into his position following his suspension last year by City CEO Robert Kahimise for alleged serious misconduct. In court documents, Kanime stated since the 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 also stated charges against him were not brought within a period of three months. The respondents in the matter are, the first respondent is Chief Executive Officer Robert Kahimise and the second respondent is the council of the municipality of Windhoek which is headed by Windhoek’s mayor Muesee Kazapua.
City of Windhoek legal team, Orben Sibeya of Sibeya and partners will oppose and argue the opposition to the application brought forth by Kanime that his suspensions has become unnecessary, unfair, unlawful, invalid and of no force and effect.
Sibeya will also oppose an order that there was delay in bringing the application and to hear the matter as an urgent one.
City of Windhoek legal team will further oppose the cost of suit.
In Kanime’s founding affidavit, he stated he continues to suffer public stigmatization on the basis of his continued suspension and the fact that there is currently no good reason to keep him on suspension are facts adequately proving irreparable damages if the application is not heard on an urgent basis.
Kanime further 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 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 the remaining charges which in any even disputes, will be quashed if the hearing where to proceed.
“My continued suspension is a grave infringement to my dignity and my right to be subject to fair and reasonable adjudicative process as required by Article 18 of the Namibian Constitution,” stated Kanime.
He said when he was suspended, he was informed that he would be suspended until the finalization of the investigation. He said although he was unhappy, he remained on suspension even after finalization of the investigation, he was of the view that since the hearing was proceeding during the last quarter of 2018, he could get back to work simply upon finalization of the hearing without the necessity of approaching court to impugn his suspension.
Kanime further stated: it became clear during or about February, March and April 2019 that Kahimise in particular was determined to keep him on suspension while he has no interest in continuation of the disciplinary hearing, probably because he has no belief in the charges, he preferred against me. “This is because the charges have no merit whatsoever and I was determined to prove my innocence at the hearing. In fact, I deny the allegations in the charge sheet.”
Kazapua could not be reached for comment regarding the matter, as his mobile phone was unreachable. Chairperson of management committee at the CoW Agatha Iyambo Ashilelo told New Era, “to be honest, we are not informed (about CoW opposing Kanime’s reinstatement), we are hearing it as you are asking me. Who gave the CEO the mandate, we don’t know,” stated Ashilelo. She said why council is not informed is up to the CEO to answer. She added that council was not involved in the charges of Kanime nor were the charges brought before council.
2019-05-09 09:16:22 2 months ago