Suspended Grootfontein municipality CEO Kisco Sinvula has managed to convince the High Court that he stands a good chance at proving and subsequently winning his labour dispute currently before court.

According to Judge Boas Usiku, although Sinvula was late in instituting court proceedings against his employer within 24 days, the council of Grootfontein failed to obtain written approval from urban minister Erastus Uutoni prior to suspending him as required by law.

“On this basis of the aforegoing finding, I am satisfied that the applicant (Sinvula) has established sufficient prospects of success upon which his delay may and should be overlooked,” said Usiku.

The judge also condoned the late filling of heads of arguments in the main application by both parties.

In May 2022, Sinvula approached the High Court for a review and set aside of the council’s decision to suspend him on 24 March 2022 and further appoint Henry Shimutwikeni as the investigator in his case. 

At the time of his suspension, he was furnished with a notice for a disciplinary hearing on 30 counts of misconduct. 

These allegations range from insubordination, abuse of power, violations of the Local Authorities Act, violations of the Procurement Act, corruption, forgery, misleading and misrepresentation of facts, negligent trading, utterance and violations of the labour law, racketeering and the misuse of public funds.

Sinvula, through his lawyer James Diedericks, is adamant that his suspension was illegal, as council acted outside its powers. 

According to Diedericks, the law surrounding the disciplinary hearing of CEOs and head of departments is different. It dictates that the minister is responsible for designating a person, who must act as chairperson of any disciplinary committee established to adjudicate allegations of misconduct against a CEO of a municipality.

However, the council is of the view that Sinvula’s purpose to institute review proceedings is to use the court to aid him in covering up the serious allegations of impropriety levelled against him. 

“The applicant’s aim is simple. It is this: he must not be investigated; the council must not inquire into the serious allegations of impropriety and maladministration against him,” said the council’s lawyer Eliaser Nekwaya.

Nekwaya has asked the court to dismiss Sinvula’s application, stating that it was filed after the 30-day rule and he failed to give reasons why his application was filed late. 

Furthermore, they lawfully suspended him and Shimutwikeni was appointed to investigate as authorised by the Local Authorities Act.

The court will allocate hearing dates today for the main application.

- mamakali@nepc.com.na