WINDHOEK - Lawyers representing suspended CEO of the City of Windhoek Robert Kahimise have asked that their client be reinstated as he was suspended illegally.
In the meantime, the City’s management committee yesterday postponed indefinitely the special meeting to officially suspend Kahimise and to appoint an acting CEO, New Era learned.
New Era has seen a letter addressed to deputy mayor Teckla Uwanga by Dr Weder, Kauta and Hoveka Inc law firm, representing Kahimise, which says the committee failed to hold a pre-suspension hearing thereby breaching their client’s right to be heard prior to taking an adverse decision.
In the letter, Patrick Kauta said the suspension of Kahimise is unlawful, illegal, irregular and breaches all the enabling policies and statutes.
“You deliberately misled the Minister in your letter of 18th October, 2018, in order to obtain approval in terms of Section 29 (6)(b) of the Local Authorities Act, 1992 when you informed the Minister that management committee recommended suspension to council when you knew this was factually not correct,” he said.
Kauta said the council’s misrepresentation to the urban and rural development minister Peya Mushelenga prompted the minister to take an irrational, unreasonable and unlawful decision.
“The real reason for suspending our client is not bona fide,” he said, adding that the council meeting at which their client was suspended was irregularly called, constituted and convened.
The recommendation to suspend Kahimise was approved by Mushelenga, following a written request by Uwanga to suspend the CEO.
Kahimise, appointed to the cushy job in February 2017, came under fire after he allegedly got a study loan from his employers without following required procedures.
The study loan was approved by Windhoek mayor Muesee Kazapua and management committee chairperson Mathew Amadhila earlier this year. The two men face prospects of suspension too over the same matter.
Mushelenga said his decision to approve Kahimise’s suspension is based on “the principles and values of transparency, good governance and the need to have confidence and trust among persons entrusted with the responsibility of the management of public affairs”.
The minister said he was authorising Kahimise’s suspension on a number of conditions, which include that the investigation into his alleged transgressions be completed within three months and such investigation be carried out by a competent person, who is duly qualified to investigate the allegations that are to be investigated. Also, the minister asked the City to appoint an acting CEO from the insiders working at the level of strategic executive.
The minister also asked to be provided with an update on the status of the investigation after two months, following the suspension of the CEO.