WINDHOEK - Windhoek High Court Acting Judge Collins Parker yesterday refused an urgent application by suspended City of Windhoek CEO Robert Nandaa Kahimise to be reinstated immediately, pending the outcome of a disciplinary hearing against him.
Kahimise faces an investigation for alleged various misconducts, including obtaining a study loan without proper authorisation.
The court yesterday concluded there was no urgency to hear his case.
According to the judge, any illegal actions by the Windhoek City Council to suspend Kahimise cannot by themselves constitute a ground for urgency. Kahimise claims in documents filed with the court that the decision to suspend him was taken by an unlawfully convened council meeting. The judge further said that Kahimise’s claim that he will suffer financial loss and consequential hardships is also not grounds for urgency. Similarly, the court said that Kahimise will suffer injury to his reputation, as alluded by his legal team, can also not be considered as sufficient grounds for urgency.
For these reasons, the judge said, he concluded that Kahimise did not establish any reasons he claims he will not be afforded substantial redress at a hearing in due course, considering that in the dispute pending before the Labour Commissioner, the arbitrator who will be appointed to arbitrate in the dispute (if conciliation failed), is statutorily entitled to make an appropriate arbitration award, including reinstatement and compensation.
The judge did not make any order as to costs. Kahimise dragged the council to court after it served him with a second suspension letter on November 5. In an affidavit filed with the court, he claims that he will suffer irreparable financial harm if he does not receive his monthly pay cheque. According to Kahimise, he needs his salary to cover his monthly expenses amounting to about N$82 000 otherwise he could stare insolvency in the face.
He further claimed that the council has been hell bent on creating an impression in the public eye that he is incompetent and unworthy of the office of CEO of the Windhoek City Council.
He further said that this conduct creates a permanent stigma on his person and his reputation and the council is acting recklessly with his emotions, image and reputation which will not be assuaged even if he is exonerated at the end of the labour dispute which he says he has a strong chance to beat.
He went on to say that he worked hard to build up his image and reputation. He claimed that the city was guilty of unfair labour practices.
In reply, Phillip Barnard, instructed by Köpplinger Boltman, on behalf of the council, argued that the council has offered Kahimise his full remuneration package until the dispute is resolved, but it was refused as the former CEO is interested in one thing only and that is to resume his position as the chief of the city council.
He further argued that the financial loss Kahimise is claiming is not grounds for urgency and that the “stigma” he will allegedly suffer to his reputation is imaginary. According to him, the reasons Kahimise advanced for the interdict was not worth the paper it was written on and did not come close to satisfy the requirements for urgency. He asked the court to dismiss the application without costs. Kahimise was represented by Patrick Kauta, assisted by Mercy Kuzeeko and Esther Shigwedha.
2018-11-21 09:04:56 3 months ago