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Frustrated Kanime to approach High Court

2019-04-08  Selma Ikela

Frustrated Kanime to approach High Court

WINDHOEK - Suspended Windhoek City Police chief Abraham Kanime plans to approach the High Court to compel City of Windhoek to set a date for his delayed disciplinary hearing after the matter degenerated into a game of ping-pong between the Windhoek City Council and the CEO Robert Kahimise.

Kanime said if they fail to set the date before April 13, he will instruct his attorney to approach the court.  Kanime has been out of office for a year and a week after his suspension by City of Windhoek CEO Robert Kahimse.

But a letter written by Kanime’s legal representative Sisa Namandje on March 6, 2019 addressed to Du Pisani Legal Practitioner representing council stated the investigation had since been completed and there is no reason for Kanime to remain on suspension.

“Our client therefore demands immediate upliftment of his suspension while disciplinary hearing is proceeding. Kindly therefore revert to us with proposed dates for the hearing with immediate effect and your client’s instruction on upliftment of our client’s suspension which has become unfair and completely unnecessary.”

Similarly, a letter written on January 15, 2019 by City of Windhoek corporate legal advisor Ben Ngairorue advised that the chief executive officer should lift Kanime’s suspension and allow the ongoing disciplinary proceedings to be dispensed with.

 Ngairorue wrote that the investigation was completed and Kanime was charged as a result of positive allegations made against him that no authority existed to have approved the appointment of the law firm including in a matter in which he was involved against council.

“It is worth noting that … the preliminary points raised during the hearing against charges 1-3 resulted in the dropping of the said charges,” stated Ngairorue. Ngairorue added there has been no findings on the remainders of the charges as the matter is still sub judice. “It is also worth noting that there is a contemplation to drop further charges dealing with the appointment of temporary employees against chief Kanime. This issue will be resolved at the next sitting of the disciplinary hearing,” wrote Ngairorue.

When approached for comment regarding Kanime’s reinstatement, Kahimise said council is to deal with the issue. “It is better if you speak to the chairperson of the management committee. The directive was directed to council. It is fair enough if you direct those questions to council,” responded Kahimise.  When asked regarding Ngairorue’s letter, Kahimise said Ngairorue did not write to him but to the acting CEO Ludwig Narib. When the letter was authored Kahimise was also on suspension. But when asked if he is back in office now, Kahimise instead referred this reporter to Narib.

Narib said: “I am surprised, why the CEO is sending you to me. I am not the CEO. I was acting at the time but now I am not. Even giving information, I cannot, only he can give that information. I am not acting (CEO), so speak to him. He (Kahimise) has all the information. Just speak with him. He is aware of the matter. Tell him I referred you back to him.” 
Chairperson of City of Windhoek management committee Agatha Iyambo Ashilelo said when Kanime was suspended, it was not council who suspended him but the CEO since the power is vested in him. 

Ashilelo referred this reporter to Windhoek municipal service regulation 9 (3) which states that the CEO may suspend the head of the City Police, deputy head or senior superintendent from office pending an inquiry and may lift their suspension at any time.

2019-04-08  Selma Ikela

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