Kahimise suffers another blow in court
Beleaguered City of Windhoek boss Robert Kahimise has suffered his second defeat in the high court when his urgent application to stop a pre-suspension hearing was struck off the roll.
Kahimise claimed that there was a pending case at the labour court which was supposed to be dealt with first before another meeting discusses whether he should be suspended or not.
The judge who dealt with the case last week Friday argued that the court had no jurisdiction to handle the case because there was no pending case at the labour court.
The Judge reasoned that this was so since Kahimise had been recalled at the municipality.
The CEO was last week seen at a dinner with a mayoral delegation from Jamaica suggesting that he was in the line of duty.
His latest court defeat now opens the way for the City of Windhoek to proceed with the pre-suspension hearing which can either issue him with marching orders or otherwise.
However, the City Fathers have before them an order by President Hage Geingob to have Kahimise and his “rival” city police boss Abraham Kanime reinstated so that the municipality can move on.
The jury is still out on whether such a directive will be followed or not although some opposition councillors who spoke with The Villager have welcomed it.
Inside the urgent application
The chief executive officer wanted to avoid a pre-suspension hearing which he feared could lead to his being suspended for the umpteenth time to allow for an investigation into alleged corruption on his part.
He wanted the city to deal with him on the labour case first which he claimed was still pending before the arbitrator where he submitted that he was unfairly suspended last year.
Kahimise already argued that he was suspended without being accorded the right to a hearing.
He also argued that his suspension was not rubber stamped by the line minister Peya Mushelenga while the meeting which resolved to issue him with marching orders was not properly constituted.
But lawyers for the city submitted that the pre-suspension meeting should go on as it does not suggest that he is up for a disciplinary hearing.
They thus wanted his urgent application dismissed forthwith.
The lawyers said that when Kahimise was recalled this year he showed up at work and did not argue that he would come only after the labour issue was resolved.
His lawyers have claimed that the environment at the municipality was too toxic for him to expect a fair outcome out of the hearing.
“He can not seek an interdict after he has been suspended, so he is saying that he wants to avoid that suspension,” they submitted.
The infighting at the city of Windhoek has divided it into two broad camps, opposition councillor Brunehilde Cornelius told this publication soon after the Geingob directive to have the matter resolved.
However, Geingob came under relentless fire for issuing such a directive which according to some was offside within legal parameters.
Critic slammed him for exhibiting dictatorial traits.
“I am talking as the President. We cannot have a divided council. Reinstate Kanime and drop charges against Kahimise,” he is quoted by The Villager as saying.