NCIS training boss wins ‘double-dipping’ case
The head of training at the national spy agency won a court challenge against his employer after being fired in 2018 following a discovery that he was receiving two salaries from government.
Immanuel Shivute was employed as the chief training officer in the human resources development division at the Namibia Central Intelligence Service (NCIS).
Before that, he worked as an education officer in the education ministry until February 2013, but two and a half years after leaving the ministry, he was still on its payroll.
Shivute continued receiving his salary from the education ministry until 31 August 2015, which amounted to N$798 370.30, while also drawing his salary from NCIS. He was subsequently dismissed and charged with theft when the spy agency discovered his ‘double-dipping’.
He was arrested and subsequently released on bail in 2017.
After his dismissal in 2018 following an in-house disciplinary process, Shivute submitted an appeal to President Hage Geingob, which was rejected, and thereafter approached the High Court.
Shivute claims NCIS rejected his request to rope in a legal practitioner of his choice to represent him.
“Following such an unfair and invalid disciplinary process and the decision by the director of the NCIS to discharge me from NCIS, I was advised to appeal to the president, which I accordingly did. After filing my appeal, I also had to attend to the Windhoek Magistrate’s Court to fight criminal charges,” he said.
Tainted
The court challenge ended in Shivute’s favour last week when judge George Coleman set aside his dismissal from the service and ordered the intelligence agency to reinstate him in the position he held at the time or a comparable position.
“I am satisfied that Shivute’s disciplinary proceedings were tainted by the fact that he was denied legal representation in an arbitrary fashion. This undermines the disciplinary committee’s conclusion and recommendation that Shivute should be discharged from the service.
“Consequently, I am satisfied that he was unlawfully dismissed from the NCIS,” Coleman said.
It is also his view that Geingob, who dismissed Shivute’s appeal after he was dismissed, did not apply his mind and based his decision on wrong facts, not considering the fact that criminal charges against Shivute were withdrawn.
According to an investigation report seen by Namibian Sun, Shivute did not dispute that he was receiving two salaries.
The report also noted that he had no intention to alert the relevant authorities, further stating that he is unreliable and thus cannot work for the agency.
Repay the money
Shivute, in his court submissions, said he informed the education ministry on several occasions that he was still receiving a salary.
As the head of training, he earned just over N$41 000 monthly. He indicated that his monthly living costs were in the region of N$29 000.
“Without the salary I was earning [from NCIS], I am unable to meet my financial obligations, and - in fact - I have already fallen into arrears with some of my financial obligations, namely my home loan, University of Namibia tuition fees and vehicle loan,” he said.
Shivute said he has since reached agreement with the education ministry for him to repay the monies he unduly received.
According to him, the funds paid to him will be deducted from his pension held at the Government Institutions Pension Fund.
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Immanuel Shivute was employed as the chief training officer in the human resources development division at the Namibia Central Intelligence Service (NCIS).
Before that, he worked as an education officer in the education ministry until February 2013, but two and a half years after leaving the ministry, he was still on its payroll.
Shivute continued receiving his salary from the education ministry until 31 August 2015, which amounted to N$798 370.30, while also drawing his salary from NCIS. He was subsequently dismissed and charged with theft when the spy agency discovered his ‘double-dipping’.
He was arrested and subsequently released on bail in 2017.
After his dismissal in 2018 following an in-house disciplinary process, Shivute submitted an appeal to President Hage Geingob, which was rejected, and thereafter approached the High Court.
Shivute claims NCIS rejected his request to rope in a legal practitioner of his choice to represent him.
“Following such an unfair and invalid disciplinary process and the decision by the director of the NCIS to discharge me from NCIS, I was advised to appeal to the president, which I accordingly did. After filing my appeal, I also had to attend to the Windhoek Magistrate’s Court to fight criminal charges,” he said.
Tainted
The court challenge ended in Shivute’s favour last week when judge George Coleman set aside his dismissal from the service and ordered the intelligence agency to reinstate him in the position he held at the time or a comparable position.
“I am satisfied that Shivute’s disciplinary proceedings were tainted by the fact that he was denied legal representation in an arbitrary fashion. This undermines the disciplinary committee’s conclusion and recommendation that Shivute should be discharged from the service.
“Consequently, I am satisfied that he was unlawfully dismissed from the NCIS,” Coleman said.
It is also his view that Geingob, who dismissed Shivute’s appeal after he was dismissed, did not apply his mind and based his decision on wrong facts, not considering the fact that criminal charges against Shivute were withdrawn.
According to an investigation report seen by Namibian Sun, Shivute did not dispute that he was receiving two salaries.
The report also noted that he had no intention to alert the relevant authorities, further stating that he is unreliable and thus cannot work for the agency.
Repay the money
Shivute, in his court submissions, said he informed the education ministry on several occasions that he was still receiving a salary.
As the head of training, he earned just over N$41 000 monthly. He indicated that his monthly living costs were in the region of N$29 000.
“Without the salary I was earning [from NCIS], I am unable to meet my financial obligations, and - in fact - I have already fallen into arrears with some of my financial obligations, namely my home loan, University of Namibia tuition fees and vehicle loan,” he said.
Shivute said he has since reached agreement with the education ministry for him to repay the monies he unduly received.
According to him, the funds paid to him will be deducted from his pension held at the Government Institutions Pension Fund.
[email protected]
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