Nalao threatens court action over CEO suspensions
The organisation representing local authority officials has threatened that if the urban and rural development ministry does not address the illegal suspension of local authority administrators, it will resort to courts in order to protect its members.
This is contained in a letter dated 29 March by Namibian Association of Local Authority Officers (Nalao) president Moses Matyayi to urban and rural development minister Erastus Uutoni.
The letter was sent just days after the Grootfontein CEO, Kisco Sinvula, was suspended by the local council.
New Era last week reported that the line ministry had rejected the council’s recommendation for the suspension of Sinvula.
Matyayi argues that "frivolous" suspensions of CEOs at local authorities have become commonplace and cause these individuals reputational damage.
“Our concerns remain valid and we continue to witness a pervasive trend of non-procedural suspensions of CEOs in the local government sector,” Matyayi said.
“The unabated campaign to frustrate, intimidate and victimise CEOs with unlawful suspension is a blight on the public image of the entire local authority fraternity, as well as on the image of the line ministry as the custodian and overseer of the local authority sector.”
Matyayi also said that suspending CEOs does not only burden the suspended individual but the institution itself, as it has to continue paying salaries as well as compromising service delivery to residents.
“Local authorities continue to spend money on remuneration for suspended staff and those in acting positions. In addition, the suspension of strategic professionals undermines service delivery and capital project implementation in the local authority sector,” he argued.
Examples
The association also pointed out a number of incidents where local authority CEOs remain on suspension while others were reinstated without being charged.
The former CEO of the Stampriet Village Council, Dino Kohima, succumbed to Covid-19 while serving an illegal suspension, Matyayi said.
The Oranjemund Town Council CEO, Shali Akwaanyenga, has been on suspension since 25 June 2021 despite the line ministry having requested the council to lift such suspension since no charges have brought against the CEO.
Matyayi said the Keetmanshoop Municipality CEO, Desmond Basson, was unlawfully placed on administrative leave on 3 May 2021 and was reinstated later, but no reasons were given for the suspension.
Other suspensions include those of Oniipa Town Council CEO Junias Jakob, Tsumeb’s finance manager and former acting CEO Karolina Damaseb, as well as Walvis Bay CEO Muronga Haingura and other senior executives.
It is on this basis Matyayi called upon the line ministry to arrest the situation or else Nalao would have no alternative than approaching the courts for recourse.
“Cde Minister, to be honest and blunt about our plight, as administrators, we feel left out and perhaps we can conclude that we definitely are on our own to fend for ourselves against such corporate evils,” Matyayi said.
“As much as we appreciate the interventions that our ministry continues to employ – it has now become time for the ministry to take a stand to arrest the situation hands-on within the context of your legislative oversight mandate.
“Otherwise we are left with no option but to take legal recourse and approach the High Court for restorative justice on our own behalf, a situation which is costly on the part of the employee and may result in these costs being passed on to the councils.”
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This is contained in a letter dated 29 March by Namibian Association of Local Authority Officers (Nalao) president Moses Matyayi to urban and rural development minister Erastus Uutoni.
The letter was sent just days after the Grootfontein CEO, Kisco Sinvula, was suspended by the local council.
New Era last week reported that the line ministry had rejected the council’s recommendation for the suspension of Sinvula.
Matyayi argues that "frivolous" suspensions of CEOs at local authorities have become commonplace and cause these individuals reputational damage.
“Our concerns remain valid and we continue to witness a pervasive trend of non-procedural suspensions of CEOs in the local government sector,” Matyayi said.
“The unabated campaign to frustrate, intimidate and victimise CEOs with unlawful suspension is a blight on the public image of the entire local authority fraternity, as well as on the image of the line ministry as the custodian and overseer of the local authority sector.”
Matyayi also said that suspending CEOs does not only burden the suspended individual but the institution itself, as it has to continue paying salaries as well as compromising service delivery to residents.
“Local authorities continue to spend money on remuneration for suspended staff and those in acting positions. In addition, the suspension of strategic professionals undermines service delivery and capital project implementation in the local authority sector,” he argued.
Examples
The association also pointed out a number of incidents where local authority CEOs remain on suspension while others were reinstated without being charged.
The former CEO of the Stampriet Village Council, Dino Kohima, succumbed to Covid-19 while serving an illegal suspension, Matyayi said.
The Oranjemund Town Council CEO, Shali Akwaanyenga, has been on suspension since 25 June 2021 despite the line ministry having requested the council to lift such suspension since no charges have brought against the CEO.
Matyayi said the Keetmanshoop Municipality CEO, Desmond Basson, was unlawfully placed on administrative leave on 3 May 2021 and was reinstated later, but no reasons were given for the suspension.
Other suspensions include those of Oniipa Town Council CEO Junias Jakob, Tsumeb’s finance manager and former acting CEO Karolina Damaseb, as well as Walvis Bay CEO Muronga Haingura and other senior executives.
It is on this basis Matyayi called upon the line ministry to arrest the situation or else Nalao would have no alternative than approaching the courts for recourse.
“Cde Minister, to be honest and blunt about our plight, as administrators, we feel left out and perhaps we can conclude that we definitely are on our own to fend for ourselves against such corporate evils,” Matyayi said.
“As much as we appreciate the interventions that our ministry continues to employ – it has now become time for the ministry to take a stand to arrest the situation hands-on within the context of your legislative oversight mandate.
“Otherwise we are left with no option but to take legal recourse and approach the High Court for restorative justice on our own behalf, a situation which is costly on the part of the employee and may result in these costs being passed on to the councils.”
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