The Swakopmund municipality has managed to convince the High Court to set aside its management committee’s decision to appoint the second-best candidate for the position of general manager for corporate services and human capital.
Yesterday, judge Collins Parker set aside the decision taken on 19 April by the management committee to appoint Nelson Simasiku as the new general manager for corporate services and human capital.
“The matter is remitted to the management committee of the applicant for the committee to act in proper accordance with the relevant provisions of the regulations,” the judge said.
In July, the town’s CEO Archie Benjamin approached the court for an order that would set aside the decision by the management committee to appoint Simasiku.
He also sought an order compelling the management committee to consider the panel’s recommendation of appointing the overall best candidate, Mpasi Haingura, to the position.
Benjamin, who also served as the chairperson of the interview panel, stated that the management committee at the time acted under the bona fide but mistaken belief that it had the authority to select and appoint Simasiku into the said position.
Benjamin said Haingura scored 70%, while Simasiku came second by scoring 67% at the conclusion of the interviews.
The management committee took the decision to appoint Simasiku on 12 April, contrary to the recommendation made by the interviewing panel and regulations to appoint from the highest to lowest
scorer.
He further explained that should the management committee not be satisfied, they could request for the recruitment process to start afresh, or can ask the interviewing panel to reconsider its decision.
The local authority tried to correct the mistake by informing Simasiku on 28 April, and also requesting him and Haingura on 6 June to indicate if they had any objections to the interview process starting afresh.
However, on 7 June, Simasiku, through his lawyers, sent a letter to the council, stating that he was the most suitable candidate and rightly appointed.
He stated that the town needed to resolve the matter so that he could commence work on 1 July.
Thus, it was not necessary to redo the interview.
Simasiku had allegedly also demanded that he be given a boardroom or temporary space so that he could start working.
On 13 June, Haingura indicated that he was the overall best performer, and that the management committee should correct their error and appoint him, or he would institute a lawsuit against them.
In their suit, the parties were represented by Phillip Barnard (Swakopmund municipality), Kalundu Kamwi (Simasiku) and James Diedericks (Haingura), respectively.