Gobabis executives’ suspension ruled unlawful
• Officials bemoan ‘political discrimination’
The respondents claimed that the suspensions were based on a 2017 audit report and a 2020 ministerial report.
In what has been termed a “tribal and politically-motivated move”, the Gobabis municipality’s decision to suspend seven executives on alleged ‘bogus’ charges has been set aside in the High Court.
The executives, who were suspended with full pay between May and November 2021, scored a huge win last week after the court ruled that their suspensions were unlawful.
They are finance and corporate executives Filemon Makili and Frieda Shimakeleni, IT officer Kondjeni Nghiwanapo, IT technician Paul Kayambu, acting corporate services and human resources practitioner Ashipala Kayambu, electrical services manager Johannes Nantuua and former acting strategic executive of human resources and corporate services, Wynona Steyn.
The respondents in the matter were the Gobabis council and its chairperson, the chairperson of the management committee, the acting CEO Steve Adonis, as well as urban and rural development minister, Erastus Uutoni.
Political/tribal ploy
Most of the executives are members of the ruling party, and said they faced political discrimination.
According to them, after the 2020 local authority elections - where opposition parties secured the majority of seats on the Gobabis council - the situation worsened.
“A number of employees who are considered to be members of Swapo or members of tribes not considered to have originated from the Omaheke Region, and Gobabis in particular - largely Oshiwambo-speaking - allegedly faced a campaign of victimisation by the late CEO, Mr [Ignatius] Thudinyane,” Makili said in an affidavit.
In their defence, the respondents claimed that the suspensions were based on a 2017 audit report and a 2020 ministerial report. However, in his judgment, High Court Judge Herman Oosthuizen said council wrongly interpreted the Local Authority Act in this regard, as some of the applicants were heads of department and their suspensions should have been approved by the line ministry.
Set aside
“The decisions to suspend each of the applicants is reviewed and set aside as unfair, unreasonable and invalid,” the court order read.
Meanwhile, Adonis’ appointment as the acting CEO was also declared invalid and set aside, along with “all actions, acts, decisions and processes he has taken in relation to each and any of the applicants”.
The municipality was ordered to pay the executives’ legal costs.
[email protected]
The executives, who were suspended with full pay between May and November 2021, scored a huge win last week after the court ruled that their suspensions were unlawful.
They are finance and corporate executives Filemon Makili and Frieda Shimakeleni, IT officer Kondjeni Nghiwanapo, IT technician Paul Kayambu, acting corporate services and human resources practitioner Ashipala Kayambu, electrical services manager Johannes Nantuua and former acting strategic executive of human resources and corporate services, Wynona Steyn.
The respondents in the matter were the Gobabis council and its chairperson, the chairperson of the management committee, the acting CEO Steve Adonis, as well as urban and rural development minister, Erastus Uutoni.
Political/tribal ploy
Most of the executives are members of the ruling party, and said they faced political discrimination.
According to them, after the 2020 local authority elections - where opposition parties secured the majority of seats on the Gobabis council - the situation worsened.
“A number of employees who are considered to be members of Swapo or members of tribes not considered to have originated from the Omaheke Region, and Gobabis in particular - largely Oshiwambo-speaking - allegedly faced a campaign of victimisation by the late CEO, Mr [Ignatius] Thudinyane,” Makili said in an affidavit.
In their defence, the respondents claimed that the suspensions were based on a 2017 audit report and a 2020 ministerial report. However, in his judgment, High Court Judge Herman Oosthuizen said council wrongly interpreted the Local Authority Act in this regard, as some of the applicants were heads of department and their suspensions should have been approved by the line ministry.
Set aside
“The decisions to suspend each of the applicants is reviewed and set aside as unfair, unreasonable and invalid,” the court order read.
Meanwhile, Adonis’ appointment as the acting CEO was also declared invalid and set aside, along with “all actions, acts, decisions and processes he has taken in relation to each and any of the applicants”.
The municipality was ordered to pay the executives’ legal costs.
[email protected]
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