Kahimise fails urgency test

20 Nov 2018 17:40pm
WINDHOEK, 20 NOV (NAMPA) – The suspended City of Windhoek chief executive officer (CEO)’s legal team on Tuesday could not convince High Court Judge Collins Parker that the case over his suspension met the merits to be heard on an urgent basis.
CEO, Robert Kahimise’s lawyer Patrick Kauta wanted his client’s suspension by the City council reversed due to financial losses that he has incurred and damages to his professional reputation that has come as a result the suspension.
Kauta argued to great lengths that the suspension was an unfair labour practice and an infringement on Kahimise’s rights.
Kahimise, whose expenses amount to N.dollars 81 000 per month, is on suspension without basic pay, according to his founding affidavit.
However, these reasons were not enough to sway Judge Parker into granting the urgent application a greenlight.
“The illegal actions by the first respondent (City of Windhoek) cannot by themselves constitute a ground for urgency and further, a financial loss and consequential hardships that the applicant says he would suffer if he was not reinstated immediately cannot also by themselves constitute grounds for urgency,” Parker said during his brief ruling.
As for the damage caused to Kahimise’s good name, Parker said an injury to his reputation cannot also constitute a ground for urgency.
He was also not convinced that Kahimise will not be afforded substantial redress at a disciplinary hearing in due course.
Kahimise faces a host of allegations of misconduct related to a controversial study loan.
It is alleged that the study loan was approved in February 2018 by Management Committee Chairperson Matheus Amadhila, the human resources department and City Mayor Muesee Kazapua.
Other allegations levelled against Kahimise include non-procedural appointments at the municipality and quashing of a report from PriceWaterhouseCoopers that led to the suspension of City Police Chief Abraham Kanime, questions around a salary increase and the irregular use of municipal property, funds and overtime claims.