Windhoek City Police chief Abraham Kanime said his short-lived resignation earlier this year from the municipality was simply to cash in on his retirement benefits. Kanime tendered his resignation as head of the Windhoek City Police on 30 January with effect from 1 May.
He was due to retire in May when he turned 60 on 19 May, but the city council reappointed him for a three-year period with effect from 1 May.
However, city CEO Robert Kahimise claimed Kanime’s resignation was a cunning plan, purported by him and supporters to get rid of the disciplinary charges he was facing.
This, according to Kahimise, allowed Kanime to be reappointed on a clean slate.
All this is laid bare in an application filed in the Windhoek High Court last month by Kahimise and some members of the municipal council, challenging Kanime’s reappointment by the city’s management committee.
In his replying affidavit, Kanime refuted Kahimise’s claims, citing he was not avoiding the disciplinary charges, as his legal representative is in communication with the prosecutor before the disciplinary tribunal to arrange dates for the hearing.
“Since, as far as I am concerned, the charges against me have no merit; [I] have no doubt that they were proffered against me by the second applicant (Kahimise) who, quite simply, wanted to get rid of me for reasons of his own – and relating to events which had occurred before his appointment,” said Kanime.
He said there is nothing illegal, malicious or unlawful with his reappointment after he was approached and convinced by management committee chairperson Moses Shikwa to particularly implement and execute a succession plan.
“I was persuaded to be re-employed, provided that I was re-employed on basically the same terms of my employment before I had resigned. It was against that backdrop that I signed the new contract. There was nothing sinister about this process,” explained Kanime.
Kahimse is seeking an order declaring the decision taken by municipality and its management committee to reappoint Kanime as unlawful, just as the contract entered into. It is Kahimise’s claim that Kanime cannot be retained since he resigned before his retirement and the city’s regulations stipulate that council may retain a member, with his or her consent in his or her post beyond the age of 60 years for further periods, which may not exceed five years in total.
According to council documents, Kanime’s pay package includes a yearly basic salary of at least N$1.4 million, a car allowance of N$302 000, housing allowance of N$492 000 and an additional annual bonus of N$116 000.
Kahimise added the reappointment of Kanime was done in violation of the municipal police service regulations, which suggests a City Police head must be appointed in consultation with the Service Advisory Committee (SAC) and on the recommendation of the municipal CEO.
The SAC consists of the chiefs of Namibian Defence Force, Namibian Police, Namibia Correctional Service and director general of the Namibia Central Intelligence Service. According to council minutes seen by New Era, the SAC had recommended senior City Police superintendent Adam Eiseb to take up the helm of the City Police.
However, on 28 April, the management committee made a decision to retain Kanime in his old position, while they also resolved and approved the terms and conditions of his new employment contract.
Kahimise said the resolutions taken during that meeting were unlawful since he did not call the meeting nor was he present as CEO.
“It is not in dispute that I did not issue the notice calling for the Special Management Meeting dated 28 April 2020. I also did not determine the time and place for the said meeting. The meeting was entirely illegal and null and void,” said Kahimise.
He further claims the appointment of Pahukeni Titus to act in his capacity, as CEO, at the meeting was unlawful since he was fully capable of carrying out his duties.
In response to Kahimise’s application, deputy mayor Ian Subasubani said the council acted within the legal bounds by reappointing Kanime. He also said the council elected Titus to act as CEO after Kahimise refused a directive from the chairperson of the council to call an urgent meeting to deal with the Kanime issue.
The management committee concluded that Kahimise was unwilling and unable to exercise his powers and perform his duties as CEO, which resulted in the appointment of Titus to act as CEO.
Thus, his appointment is not unlawful, according to the deputy mayor.
Subasubani further claimed Kahimise cannot launch an application on behalf of the city in any official capacity, as he is not duly authorised to do so. The case is scheduled to be back in court on 27 August for case management.
2020-08-07 09:08:31 | 1 months ago