Ex-NCAA employee accuses judges of alleged ‘misconduct’

A former employee of the Namibia Civil Aviation Authority (NCAA), Natalia Isak, on Monday filed a complaint against three senior Namibian High Court judges, accusing them of judicial misconduct, discrimination and abuse of power.Isak, who filed the complaint against judges Esi Schimming-Chase, George Coleman and Beatrix de Jager, is demanding immediate disciplinary action against them, including a potential recommendation for their removal.In her application, Isak argues that the actions of the three judges have undermined her case, which involves an N$5 million lawsuit against her former supervisor, Christoph Seimelo, and the NCAA.Isak claims the judges engaged in gross procedural errors and biased rulings in the handling of the lawsuit.The case that has prompted her complaint against the judges started in 2021 when Isak, an assistant legal officer at the NCAA at the time, filed a lawsuit accusing Seimelo, the NCAA’s chief legal officer, of assaulting her.Assault claimsAccording to legal documents filed by her lawyer, Kadhila Amoomo, the alleged assault took place on 24 February 2021. Isak claims Seimelo attacked her by punching, slapping, wrestling and forcefully grabbing her during a confrontation that occurred at the NCAA offices in front of other employees.Isak, who described herself in court documents as a petite woman, said she was unable to defend herself against Seimelo, whom she described as physically larger and stronger.The incident left Isak humiliated, she said, causing both physical injuries and psychological trauma, including a concussion and ongoing fears that prevent her from being around male colleagues.“I have lost my self-esteem among fellow legal professionals and others at our workplace. The assault and threats were carried out during working hours, at the NCAA premises, and in full view of other employees,” she said, adding that she felt belittled and victimised by her superior’s actions.AccusationsIsak’s complaint against the judges is focused on their alleged handling of her lawsuit. She accuses judge Schimming-Chase of altering her legal claim, mischaracterising her physical and psychological injuries, and allowing [Seimelo], to benefit from corrupt influence.Isak argues that Schimming-Chase's rulings have favoured Seimelo, particularly in regard to the failure to adhere to High Court rules regarding bodily and psychological evaluations.Additionally, Isak accuses judge Coleman of racial bias, alleging in court documents that he misinterpreted her request for “re-employment” as a request for "reinstatement” and claiming he dismissed her plea without adequately considering her circumstances.According to Isak, Coleman’s behaviour gave the impression that his rulings were influenced by alleged racial prejudice rather than an impartial review of the facts.Isak makes similar accusations against De Jager.She suggests that De Jager’s rulings merely continued the pattern of bias and procedural mismanagement exhibited by her colleagues. Isak claims De Jager’s decisions only compounded her distrust in the judicial system, further eroding her confidence in the court’s ability to deliver a fair outcome.Slow paceThe case, which has been dragging on for more than three years, has been riddled with delays.In April, judge Schimming-Chase issued a ruling in response to a motion by Seimelo and the NCAA to dismiss the case due to delays caused by Isak’s legal team.Schimming-Chase pointed out that the case had been delayed by over three years and emphasised the need for judicial efficiency, especially given that the case had yet to progress due to procedural issues.Seimelo and the NCAA argued that Isak’s failure to comply with court orders, particularly her refusal to undergo a court-ordered medical examination, had stalled proceedings.Isak’s legal team contended that the timeline for the examination was insufficient and that psychological evaluations were not applicable, which focused on physical harm. However, Schimming-Chase rejected their arguments, saying Isak’s psychological trauma was central to her case and should be evaluated accordingly.nikanor@erongo.com.na

Ex-NCAA employee accuses judges of alleged ‘misconduct’

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Namibian Sun 2024-11-15

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Ex-NCAA employee accuses judges of alleged ‘misconduct’

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Namibian Sun 2024-11-15

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