Kahimise, City showdown today
The Windhoek High Court is today set to hear arguments from twice-suspended Windhoek CEO Robert Kahimise, who is battling to be reinstated.
Kahimise, who was suspended without pay on 5 November, is under fire from some at the municipality for a number of alleged abuses of his position.
He, in turn, has blamed ulterior motives for attempts to boot him from his post. He also claims that there have been attempts to smear the names of, among others, mayor Muesee Kazapua and management committee (MC) chairperson Mathew Amadhila ahead of the office-bearer elections later this month.
In an affidavit filed two weeks ago, Kahimise claims that those who are accusing him of a number of transgressions are “hell-bent to create a vacuum of leadership in an unlawful manner. In doing this, it creates a public impression that I am incompetent and unworthy of the office I occupy.”
He will argue in court today that the actions against him over the past two months are creating a “permanent stigma, as if I am guilty of theft or fraud, which are dismissible offences.”
The alleged transgressions listed in previous council minutes include a dubious study loan, unprocedural appointments, the suspension of City Police chief Abraham Kanime, and misuse of City property and funds.
But Kahimise and his supporters argue that his suspension was unlawful and based on the “malice and ulterior motives” of some in the city council and its management committee.
In his founding affidavit, Kahimise claims that Kanime's suspension was a major factor in efforts to get rid of him in order to have Kanime reinstated.
He alleges that in September, councillor and MC member Moses Shikwa demanded that Kahimise provide information on Kanime's suspension.
In response, Kahimise wrote a letter on 13 September indicating to Shikwa that “the allegations against Chief Kanime were confirmed by a forensic audit conducted by PricewaterhouseCoopers and that he has since been charged and has pleaded to the charges, and that the disciplinary hearing is still pending.”
Nevertheless, Shikwa tabled the matter in a council meeting, but his motion was rejected.
Less than a week later, Kahimise argues, the investigation into his alleged transgressions started.
He alleges further that some councillors were “determined to have the forensic report issued by PWC served before council and quash it, thereby prejudicing his [Kanime's] ongoing disciplinary hearing.”
Flawed suspension
He further argues that the procedures followed with his own suspension were unlawful and unfair and have damaged his good name.
Kahimise argues that the allegations against him are a ruse to get rid of him for different, and also to “cast aspersions on the characters of chairpersons of council and the management committee, Muesee Kazapua and Mathew Amadhila, who approved my application for private study aid.”
“Their aim is no doubt to stand for election for positions of mayor and as management committee members. This self-serving and selfish conduct contravenes their code of conduct,” Kahimise claims.
The other respondents listed in his urgent application include deputy mayor Teckla Uwanga, Shikwa, Hileni Ulumbu, Ian Subasubani, Ananias Niizimba, Fransina Kahungu, Mathilde Ukeva, Loide Kaiyamo and Agatha Ashilelo.
Kahimise's court application also sheds light on the consequences of suspension without pay.
He states that he has a number of financial commitments, including monthly instalments in respect to four motor vehicles, including a Volvo S40, Toyota Legend 45, Mercedes Benz ML350 and a Land Cruiser.
His estimated total expenses each month amount to over N$80 000, including a mortgage bond of nearly N$38 000.
He says without his salary he is unable to meet his financial obligations and is likely to be declared insolvent.
Patrick Kauta of Dr Weder, Kauta and Hoveka is representing Kahimise in the court application.
JANA-MARI SMITH
Kahimise, who was suspended without pay on 5 November, is under fire from some at the municipality for a number of alleged abuses of his position.
He, in turn, has blamed ulterior motives for attempts to boot him from his post. He also claims that there have been attempts to smear the names of, among others, mayor Muesee Kazapua and management committee (MC) chairperson Mathew Amadhila ahead of the office-bearer elections later this month.
In an affidavit filed two weeks ago, Kahimise claims that those who are accusing him of a number of transgressions are “hell-bent to create a vacuum of leadership in an unlawful manner. In doing this, it creates a public impression that I am incompetent and unworthy of the office I occupy.”
He will argue in court today that the actions against him over the past two months are creating a “permanent stigma, as if I am guilty of theft or fraud, which are dismissible offences.”
The alleged transgressions listed in previous council minutes include a dubious study loan, unprocedural appointments, the suspension of City Police chief Abraham Kanime, and misuse of City property and funds.
But Kahimise and his supporters argue that his suspension was unlawful and based on the “malice and ulterior motives” of some in the city council and its management committee.
In his founding affidavit, Kahimise claims that Kanime's suspension was a major factor in efforts to get rid of him in order to have Kanime reinstated.
He alleges that in September, councillor and MC member Moses Shikwa demanded that Kahimise provide information on Kanime's suspension.
In response, Kahimise wrote a letter on 13 September indicating to Shikwa that “the allegations against Chief Kanime were confirmed by a forensic audit conducted by PricewaterhouseCoopers and that he has since been charged and has pleaded to the charges, and that the disciplinary hearing is still pending.”
Nevertheless, Shikwa tabled the matter in a council meeting, but his motion was rejected.
Less than a week later, Kahimise argues, the investigation into his alleged transgressions started.
He alleges further that some councillors were “determined to have the forensic report issued by PWC served before council and quash it, thereby prejudicing his [Kanime's] ongoing disciplinary hearing.”
Flawed suspension
He further argues that the procedures followed with his own suspension were unlawful and unfair and have damaged his good name.
Kahimise argues that the allegations against him are a ruse to get rid of him for different, and also to “cast aspersions on the characters of chairpersons of council and the management committee, Muesee Kazapua and Mathew Amadhila, who approved my application for private study aid.”
“Their aim is no doubt to stand for election for positions of mayor and as management committee members. This self-serving and selfish conduct contravenes their code of conduct,” Kahimise claims.
The other respondents listed in his urgent application include deputy mayor Teckla Uwanga, Shikwa, Hileni Ulumbu, Ian Subasubani, Ananias Niizimba, Fransina Kahungu, Mathilde Ukeva, Loide Kaiyamo and Agatha Ashilelo.
Kahimise's court application also sheds light on the consequences of suspension without pay.
He states that he has a number of financial commitments, including monthly instalments in respect to four motor vehicles, including a Volvo S40, Toyota Legend 45, Mercedes Benz ML350 and a Land Cruiser.
His estimated total expenses each month amount to over N$80 000, including a mortgage bond of nearly N$38 000.
He says without his salary he is unable to meet his financial obligations and is likely to be declared insolvent.
Patrick Kauta of Dr Weder, Kauta and Hoveka is representing Kahimise in the court application.
JANA-MARI SMITH
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