Apex court concludes NSFAF, Nghiwete fight
A decision by the country’s highest court on Friday ended a long-running battle between the national student funding body and its former CEO, Hilya Nghiwete.
The Namibia Students Financial Aid Fund (NSFAF) prevailed in a cross-appeal in the Supreme Court over a decision taken by its board to fire its then CEO.
Nghiwete was employed by NSFAF from March 2013 to February 2020. She was suspended in April 2018 pending an investigation and disciplinary hearing into alleged misconduct. NSFAF's board fired Nghiwete in 2020 - despite the fact that the investigation into her conduct and disciplinary hearing had not been concluded, with the fund's representatives claiming that she had delayed proceedings and that she constantly concocted excuses in order not to attend these disciplinary proceedings.
After her suspension, Nghiwete took the matter to the labour commissioner, where it was decided that she was unlawfully and unfairly dismissed. NSFAF then filed an appeal in the labour court, which decided largely in Nghiwete's favour.
The labour court ordered NSFAF to compensate Nghiwete for the time between her dismissal and the court order, but granted NSFAF's application regarding a decision not to reinstate Nghiwete.
Important precedent
Nghiwete appealed to the High Court against the labour court's decision on her reinstatement. She claimed that the court should annul the decision to fire her because it was not valid and therefore, in effect, she was never fired. She claimed that the decision to dismiss her should never have taken effect because a member of the NSFAF board was not entitled to vote in terms of the NSFAF Act.
NSFAF then filed a cross-appeal in the Supreme Court where Deputy Chief Justice Petrus Damaseb, judge of appeal Dave Smuts and deputy judge of appeal Hannelie Prinsloo set aside the decision to declare Nghiwete's dismissal unlawful and unfair. The order that NSFAF should give Nghiwete her usual remuneration for the period from February 2020 to July 2021 was also set aside. The Supreme Court further ordered that Nghiwete cover NSFAF's legal costs.
One of NSFAF’s legal representatives, Karin Klazen, explained: "This case is an important precedent for the principle that the duty to hold a disciplinary inquiry is not, in certain circumstances, an absolute requirement”.
Klazen, alongside with Andrew Corbett, appeared on behalf of the law firm Ellis Shilengudwa Inc, while Sisa Namandje represented Nghiwete.
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The Namibia Students Financial Aid Fund (NSFAF) prevailed in a cross-appeal in the Supreme Court over a decision taken by its board to fire its then CEO.
Nghiwete was employed by NSFAF from March 2013 to February 2020. She was suspended in April 2018 pending an investigation and disciplinary hearing into alleged misconduct. NSFAF's board fired Nghiwete in 2020 - despite the fact that the investigation into her conduct and disciplinary hearing had not been concluded, with the fund's representatives claiming that she had delayed proceedings and that she constantly concocted excuses in order not to attend these disciplinary proceedings.
After her suspension, Nghiwete took the matter to the labour commissioner, where it was decided that she was unlawfully and unfairly dismissed. NSFAF then filed an appeal in the labour court, which decided largely in Nghiwete's favour.
The labour court ordered NSFAF to compensate Nghiwete for the time between her dismissal and the court order, but granted NSFAF's application regarding a decision not to reinstate Nghiwete.
Important precedent
Nghiwete appealed to the High Court against the labour court's decision on her reinstatement. She claimed that the court should annul the decision to fire her because it was not valid and therefore, in effect, she was never fired. She claimed that the decision to dismiss her should never have taken effect because a member of the NSFAF board was not entitled to vote in terms of the NSFAF Act.
NSFAF then filed a cross-appeal in the Supreme Court where Deputy Chief Justice Petrus Damaseb, judge of appeal Dave Smuts and deputy judge of appeal Hannelie Prinsloo set aside the decision to declare Nghiwete's dismissal unlawful and unfair. The order that NSFAF should give Nghiwete her usual remuneration for the period from February 2020 to July 2021 was also set aside. The Supreme Court further ordered that Nghiwete cover NSFAF's legal costs.
One of NSFAF’s legal representatives, Karin Klazen, explained: "This case is an important precedent for the principle that the duty to hold a disciplinary inquiry is not, in certain circumstances, an absolute requirement”.
Klazen, alongside with Andrew Corbett, appeared on behalf of the law firm Ellis Shilengudwa Inc, while Sisa Namandje represented Nghiwete.
- [email protected]
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