Acting judge of the High Court, Claudia Claasen on Friday afternoon found that the High Court court did not have jurisdiction to hear an urgent application by City of Windhoek Chief Executive Officer, Robert Kahimise, to stop the Council from suspending him again.
Kahimise, represented by lawyers Patrick Kauta and Gerson Narib, applied to the court in an attempt to stop the council from suspending him for a third time.
Claasen found that according to the Labour Act 11 of 2007, the High Court did not have the jurisdiction to hear the CEO’s urgent application since no dispute exists between Kahimise and the Council as the complaint about his suspension was resolved and his second suspension lifted.
Kahimise was reinstated as CEO on 24 January 2019.
He was however told to attend a meeting on 29 January, which was going to discuss his proposed suspension. The meeting was not held, following a court order halting the meeting.
The City CEO has been suspended twice since last year in connection with a study loan he allegedly received without the necessary authorisation.
Kahimise’s first suspension was withdrawn three days after he was notified, in October. Council withdrew the suspension after Kahimise’s legal team argued that the CEO’s suspension was unlawful because he was not given an opportunity to be heard before being suspended.
He was then informed in early November that Council was going to suspend him. This was after he was informed that he would be reinstated.
The CEO thereafter, in the same month, laid a complaint of unfair labour practice with the Office of the Labour Commissioner. He argued that the Council did not follow the Local Authorities Act when they suspended him for a second time.
The matter was therefore struck from the High Court roll.