Grootfontein in legal conundrum

Grootfontein CEO Kisco Sinvula says there is nothing wrong with the council having handpicked the law firm Kangueehi and Kavendjii Incorporated, which raked in over N$800 000 for services rendered in six months.

The law firm is co-owned by the Swapo Party’s Otjozondjupa regional mobiliser, Clive Kavendji.

Insiders at the municipality have accused Sinvula and the Swapo councillors of sidestepping the procurement procedures and appointing Kavendji.

Swapo councillors serving on the Grootfontein council report to the party’s regional executive, of which Kavendjii is a key member.

It is alleged that the council handpicked Kavendji’s law firm because of his position within the ruling party and influence over the Swapo councillors who dominate the Grootfontein council.

Sinvula last week denied these allegations saying that the appointment of Kangueehi and Kavendjii Incorporated was done by the book.

Sinvula said the council resolved last March to appoint a law firm. His office decided to appoint Kangueehi and Kavendjii Incorporated for a period of five years.

Regarding the procedure that was followed, Sinvula said although the council is expected to follow the procurement policy, the line ministry exempted some things such as legal services, seeing that their fees are gazetted.

By this Sinvula means that whichever law firm was appointed, there would have been no difference in the amount they charged the council.

Sinvula said his decision to appoint Kangueehi and Kavendjii Incorporated was not politically motivated.

“Council made a principle decision for the appointment of a law firm for legal services. Council does not involve itself with procurement issues. That lies with the administration and the buck stops with me,” Sinvula said.

He asked why the integrity of Kangueehi and Kavendjii Incorporated was being questioned and why the integrity of Sisa Namandje Incorporated, who previously provided legal services to the municipality, was not questioned.

As for the payments made to Kangueehi and Kavendjii Incorporated, Sinvula said the council can account for every cent. He said more than 60 percent of it was legal costs since the local authority was involved in a number of legal battles.

He said most of these emanated from the implementation of recommendations contained in the line ministry’s forensic audit report on the affairs of the Grootfontein municipality, which uncovered maladministration and corruption at the local authority.

Sinvula said a number of employees took the municipality to court.

Robust and transparent process

Kavendjii told Namibian Sun that Kangueehi and Kavendjii Incorporated was appointed after a “robust and transparent process” to render legal services for five years and during this time they have exposed “serious and flagrant” violations of council policies and procedures.

“It is common cause that there is a difference between the municipality of Grootfontein and the Swapo Party. The municipality is a creature of statute while the Swapo Party is a voluntary association. Kangueehi and Kavendjii Incorporated does not render legal services to the Swapo Party in the district of Grootfontein, and our work as legal advisor does not hinder or compromise the work of the council.”

According to him, the council was not involved in the procurement processes, as in terms of the Public Procurement Act, the decision to award a tender lies with the accounting officer following a recommendation from the procurement board.

“In our view, there is no reason to doubt that the process laid out in the Act was followed in the appointment of Kangueehi and Kavendjii Incorporated. If, for one or the other reason, the process was tainted, then the relevant authorities should be approached for remedial action,” he said.