Lawyers ditch broke City

Lawyers contracted to run disciplinary proceedings of City of Windhoek employees accused of various allegations ranging from fraud, dishonesty and misconduct have ditched the country’s biggest municipality because it cannot afford its legal bills.

Information about the split between the municipality and its lawyers comes days after the former announced that it has amassed colossal debts in excess of N$3 billion over the last 10 years.

While the City finds itself drowning in debt, a N$200 million overdraft facility from a local bank is its only financial saving grace.

The legal teams that quit the process before its conclusion are advocate Eliaser Nekwaya as well as the Köpplinger Boltman law firm, which specialises in labour law matters.

Nekwaya was the chairperson of the disciplinary committee while Köpplinger Boltman was the initiator.

One of the matters they were dealing with, before their premature exit, is the disciplinary proceedings of Fillemon Neputa, the municipality’s manager for digitisation and innovation.

Neputa, who claims he is being victimised and subjected to unfair labour practices, was charged with two counts of gross negligence and two counts of dishonesty in the controversial 5G bribery and fibre monetisation project last year.

Controversial deal

At the time, The Namibian reported that the municipality’s internal auditors recommended that five senior officials should face disciplinary proceedings over payments linked to a controversial deal involving Chinese telecommunications giant Huawei installing an internet network enabling 5G connections in Namibia's capital.

The officials are Neputa, then acting strategic executive officer for information and communication technology; Lizette Vries, the City's strategic executive officer for performance management; Ben Ngairorue, head of legal affairs; Kenneth Neumbo, the manager of information and communication technology, and Samuel Mutonga, acting strategic executive officer for finance and customer care.

Almost two years later, the case is still dragging on, a situation that does not sit well with Neputa, who said his legal bill on this matter is well in excess of N$600 000.

“On these charges, I placed the onus on the company to prove its allegations for which we have had prolonged hearings with peculiar occurrences of some people being removed from joined proceedings and me remaining.

“Other occurrences include the victimisation of members of the disciplinary committee,” he narrated in a memo sent to municipality leadership earlier this week.

He added: “We have, despite the different hiccups that occurred during the disciplinary process, reached a point where all the parties have presented their evidence, with only the legal arguments and the ruling due on 29 July. These will, however, not take place due to unusual and disturbing events that followed.”

New developments

“The initiator [Köpplinger Boltman] of my disciplinary proceedings withdrew from the case at the beginning of July 2022. My investigation into the matter has led me to the reason for their withdrawal being non-payment for services rendered. On 22 July, the chairperson [Nekwaya] postponed the hearings until further notice, due to non-payment for services rendered,” he further revealed.

New developments indicate that there is a power struggle within City corridors, with some executives and councillors alleging that the lawyers were contracted illegally.

Namibian Sun is told there is a possibility that the process might be restarted.

Neputa added there are communications questioning the legality of the appointments of chairpersons and lawyers representing council on disciplinary matters.

“I am further aware that a legal opinion is being sought on the very same matter. I am baffled by the fact that 19 months after your appointment of the disciplinary committees and initiators, you only now question the legality of those appointments,” he said.

Internal discontent

Neputa is not the only one irked by the internal wrangling within the municipality, especially when it comes to delayed disciplinary proceedings.

George Mayumbelo, the executive for human capital and corporate services, is equally disappointed in the way things are turning out.

“There are no disciplinary inquiries going on despite the lifting of the moratorium. There are no true and plausible reasons why that is the case,” he said in response to Neputa’s memo.

There are accused employees, Mayumbelo said, who “are celebrating the delays and they do not make secret their jubilation”.

According to Mayumbelo, the disciplinary inquiry committees are frustrated, and so are most accused employees who are confident about their version of the matters they are accused of.

“The work of my department is being made unnecessarily difficult. Only council can intervene on the deliberate delays being caused; I have done more than enough already.”