City demands N$6.8m for Kanime’s ‘unlawful’ contract
In a courtroom showdown set for this Friday, the City of Windhoek council - through its lawyer Patrick Kauta - is demanding City Police chief Abraham Kanime repay all salary payments, including three 13th cheques, as well as monthly housing and car allowances paid to him from May 2020 when he was allegedly unlawfully appointed.
Kanime resigned as City Police chief at the end of January 2020 but the council, then under the firm grip of Swapo, decided to retain his services as police chief for a further three years until May this year.
In August 2021, Kanime, who is represented by lawyer Sisa Namandje, launched a High Court bid to stay on in his post for another two years.
In that application, he asked the court to issue an interdict to stop the council and its chief executive officer, Namibian Police chief Sebastian Ndeitunga, the minister of home affairs, immigration, safety and security and the minister of rural and urban development from recruiting and appointing anyone in his place as head of the Windhoek City Police.
The new city council, now numerically dominated by the opposition, argued in new court papers that the decision to retain Kanime was unlawful.
They added that if the decisions of 28 and 29 April 2020 are reviewed and set aside, it will prove that former City management committee chairperson Moses Shikwa lacked the authority to conclude the employment contract on 30 April 2020 - purportedly on the council’s behalf.
“In effect, the council was not a party to the contract purportedly entered into in its own name. This would mean that no contract came into existence between the council and Kanime. However, the council and Kanime have conducted themselves on the mistaken belief that the contract was valid,” the papers read.
'No valid defence'
The council is demanding Kanime pay back his N$115 685 monthly salary, including his 13th cheque, for three years, as well as his N$28 198 monthly car allowance for three years and N$40 490 in monthly housing allowance for three years.
“Kanime raises no valid defence to the relief sought in the counter application. The legal obstacles that he seeks to erect are illusory and fanciful. The meetings and the decisions taken were palpably unlawful for lack of compliance with the various rules and statutory provisions set out below,” the court documents read.
Further: “The quality of services delivered to the City by Kanime during this appointment is also questioned and, instead, the council representatives argue that there is evidence Kanime was enriched at the expense of the council respondents.
“We submit that this honourable court should, therefore, order the repayment of an amount paid by an organ of state to its employee where the amount was paid in the bona fide and reasonable - but mistaken - belief that the payee was lawfully entitled to receive it as part of his remuneration.”
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Kanime resigned as City Police chief at the end of January 2020 but the council, then under the firm grip of Swapo, decided to retain his services as police chief for a further three years until May this year.
In August 2021, Kanime, who is represented by lawyer Sisa Namandje, launched a High Court bid to stay on in his post for another two years.
In that application, he asked the court to issue an interdict to stop the council and its chief executive officer, Namibian Police chief Sebastian Ndeitunga, the minister of home affairs, immigration, safety and security and the minister of rural and urban development from recruiting and appointing anyone in his place as head of the Windhoek City Police.
The new city council, now numerically dominated by the opposition, argued in new court papers that the decision to retain Kanime was unlawful.
They added that if the decisions of 28 and 29 April 2020 are reviewed and set aside, it will prove that former City management committee chairperson Moses Shikwa lacked the authority to conclude the employment contract on 30 April 2020 - purportedly on the council’s behalf.
“In effect, the council was not a party to the contract purportedly entered into in its own name. This would mean that no contract came into existence between the council and Kanime. However, the council and Kanime have conducted themselves on the mistaken belief that the contract was valid,” the papers read.
'No valid defence'
The council is demanding Kanime pay back his N$115 685 monthly salary, including his 13th cheque, for three years, as well as his N$28 198 monthly car allowance for three years and N$40 490 in monthly housing allowance for three years.
“Kanime raises no valid defence to the relief sought in the counter application. The legal obstacles that he seeks to erect are illusory and fanciful. The meetings and the decisions taken were palpably unlawful for lack of compliance with the various rules and statutory provisions set out below,” the court documents read.
Further: “The quality of services delivered to the City by Kanime during this appointment is also questioned and, instead, the council representatives argue that there is evidence Kanime was enriched at the expense of the council respondents.
“We submit that this honourable court should, therefore, order the repayment of an amount paid by an organ of state to its employee where the amount was paid in the bona fide and reasonable - but mistaken - belief that the payee was lawfully entitled to receive it as part of his remuneration.”
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