Double-dipping NCIS officer bites the dust
Govt appeal against reinstatement succeeds
Immanuel Kaulinawa Shivute had been earning two salaries, which he had failed to declare.
Government has succeeded in its challenge against a High Court ruling that ordered the reinstatement of a chief training officer of the Namibia Central Intelligence Service (NCIS).
The court had set aside Immanuel Kaulinawa Shivute's dismissal from the NCIS in 2018 and ordered that he be reinstated to the position he previously held.
According to a judgment delivered by the Supreme Court on Tuesday, the decision of the High Court was overturned since the law does not provide for Shivute's reinstatement.
"There is no basis in the law to order the respondent's reinstatement to his position. The appeal against the orders made by the High Court is therefore successful," the Supreme Court ruling read.
Two salaries
Shivute earned two salaries – from his previous job and his position at the NCIS, which he failed to declare while spending the money.
Shivute was previously employed by the education ministry, and despite resigning and joining the NCIS, the ministry continued to deposit his salary into his personal bank account for a period of 30 months, totalling N$798 000.
The Anti-Corruption Commission of Namibia (ACC) investigated the matter and criminal charges were filed against Shivute, but withdrawn in July 2018.
However, the NCIS charged him with misconduct for violating the NCIS regulations against corrupt behaviour.
Disciplinary hearing
During his disciplinary hearing, Shivute allegedly admitted to receiving a salary from the ministry despite being employed by the NCIS.
He further acknowledged being informed during his orientation of his obligation to report to the NCIS's human resources department if he received a salary from a previous employer. He admitted failing to report this issue. He was found guilty.
The panel recommended Shivute be dismissed from the NCIS, and his services were terminated on 1 May 2018.
Shivute appealed against the panel's decision, but the appeal was dismissed.
Legal action
Shivute then approached the Windhoek High Court and requested that the court order his reinstatement to the position he previously held. His application was successful.
Subsequently, the government and the NCIS approached the Supreme Court to challenge the ruling, and it is in this appeal application that judgment was delivered on Tuesday, setting aside the previous court ruling.
OVERRULED: The Supreme Court on Tuesday granted an appeal brought by government and the NCIS. PHOTO: FILE
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The court had set aside Immanuel Kaulinawa Shivute's dismissal from the NCIS in 2018 and ordered that he be reinstated to the position he previously held.
According to a judgment delivered by the Supreme Court on Tuesday, the decision of the High Court was overturned since the law does not provide for Shivute's reinstatement.
"There is no basis in the law to order the respondent's reinstatement to his position. The appeal against the orders made by the High Court is therefore successful," the Supreme Court ruling read.
Two salaries
Shivute earned two salaries – from his previous job and his position at the NCIS, which he failed to declare while spending the money.
Shivute was previously employed by the education ministry, and despite resigning and joining the NCIS, the ministry continued to deposit his salary into his personal bank account for a period of 30 months, totalling N$798 000.
The Anti-Corruption Commission of Namibia (ACC) investigated the matter and criminal charges were filed against Shivute, but withdrawn in July 2018.
However, the NCIS charged him with misconduct for violating the NCIS regulations against corrupt behaviour.
Disciplinary hearing
During his disciplinary hearing, Shivute allegedly admitted to receiving a salary from the ministry despite being employed by the NCIS.
He further acknowledged being informed during his orientation of his obligation to report to the NCIS's human resources department if he received a salary from a previous employer. He admitted failing to report this issue. He was found guilty.
The panel recommended Shivute be dismissed from the NCIS, and his services were terminated on 1 May 2018.
Shivute appealed against the panel's decision, but the appeal was dismissed.
Legal action
Shivute then approached the Windhoek High Court and requested that the court order his reinstatement to the position he previously held. His application was successful.
Subsequently, the government and the NCIS approached the Supreme Court to challenge the ruling, and it is in this appeal application that judgment was delivered on Tuesday, setting aside the previous court ruling.
OVERRULED: The Supreme Court on Tuesday granted an appeal brought by government and the NCIS. PHOTO: FILE
– [email protected]
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