Walvis mayor opposes suspension of managers
Walvis Bay mayor Trevino Forbes has questioned the suspension of two senior managers at the municipality, citing that the correct procedures were not followed.
The municipality’s general manager for finance Frans !Gonteb was suspended on Wednesday alongside credit control manager Johanna Shidute, in order for a comprehensive investigation to take place into a controversial contract between the municipality and Redforce Debt Management.
Forbes, in a memorandum to Walvis Bay acting CEO John Esterhuizen just moments after the two managers were given their marching orders, gave instructions for the suspensions to be halted.
“It was advised that we follow the correct procedures as per the Local Authority Act, and refer the matter to the management committee. I strongly feel that the correct process was not followed and therefore ask the acting CEO to stop the suspension of the two staff members immediately, and follow the guidelines according to the Act," Forbes wrote.
The municipality’s legal team, meanwhile, has maintained that the correct process was followed in effecting the suspensions.
“This is the correct legal situation since 24 April 2018. Please also note that the municipal council of Walvis Bay is only subject to the recommendations of the management committee. It cannot set aside any resolution effected by the municipal council of Walvis Bay,” Richard Metcalfe from Metcalfe and Beukes Attorneys told this publication.
It is also understood that instructions were given to the lawyers to institute a counterclaim against Redforce after the latter dragged the municipality to court for terminating its debt-collection contract last month.
Personal, political attack
Speaking to Namibian Sun shortly after his suspension, !Gonteb claimed his axing was nothing but a personal and political attack.
“If the investigation is into the appointment of Redforce, why isn’t the acting CEO also being suspended? Why is it selective?” he questioned.
He added that when he arrived at the office on Wednesday, he was told by the security guard to go to the acting CEO’s office.
“He [Esterhuizen] told us that the suspension was decided at Tuesday’s council meeting. I am unbothered by this suspension, because I have nothing to hide.”
!Gonteb further added that Redforce was appointed by the acting CEO.
“The acting CEO made a mistake on the notice issued on the termination of the contract with Redforce, making reference to a council resolution. You need to ask where that council resolution is. The motion was supposed to be referred to the management committee as it has legal and financial implications. The mistake just needs to be corrected,” he maintained.
Unnecessary burden
!Gonteb further defended his stance against the appointment of Metcalfe Beukes Attorneys, as he feels it places an unnecessary financial burden on the municipality.
“I do not understand why we as a council are still looking for some advice on this basic, simple matter on which we as council are at fault, and we are not honest by correcting our own mistakes. Instead, we opt to create unnecessary legal costs,” he wrote in an email to his colleagues on the matter.
!Gonteb had advised Esterhuizen to terminate Metcalfe’s services because “you do not need legal advice for this”.
“Involve Redforce for a round-table discussion, specifically the leniency issue when it comes to collections. Procure the service of an investigator to investigate the whole process of appointing Redforce. The results of such an investigation will bring some peace of mind to some councillors and residents. Alternatively, invite the urban and rural development ministry or procurement policy unit to investigate,” he further suggested.
The municipality’s general manager for finance Frans !Gonteb was suspended on Wednesday alongside credit control manager Johanna Shidute, in order for a comprehensive investigation to take place into a controversial contract between the municipality and Redforce Debt Management.
Forbes, in a memorandum to Walvis Bay acting CEO John Esterhuizen just moments after the two managers were given their marching orders, gave instructions for the suspensions to be halted.
“It was advised that we follow the correct procedures as per the Local Authority Act, and refer the matter to the management committee. I strongly feel that the correct process was not followed and therefore ask the acting CEO to stop the suspension of the two staff members immediately, and follow the guidelines according to the Act," Forbes wrote.
The municipality’s legal team, meanwhile, has maintained that the correct process was followed in effecting the suspensions.
“This is the correct legal situation since 24 April 2018. Please also note that the municipal council of Walvis Bay is only subject to the recommendations of the management committee. It cannot set aside any resolution effected by the municipal council of Walvis Bay,” Richard Metcalfe from Metcalfe and Beukes Attorneys told this publication.
It is also understood that instructions were given to the lawyers to institute a counterclaim against Redforce after the latter dragged the municipality to court for terminating its debt-collection contract last month.
Personal, political attack
Speaking to Namibian Sun shortly after his suspension, !Gonteb claimed his axing was nothing but a personal and political attack.
“If the investigation is into the appointment of Redforce, why isn’t the acting CEO also being suspended? Why is it selective?” he questioned.
He added that when he arrived at the office on Wednesday, he was told by the security guard to go to the acting CEO’s office.
“He [Esterhuizen] told us that the suspension was decided at Tuesday’s council meeting. I am unbothered by this suspension, because I have nothing to hide.”
!Gonteb further added that Redforce was appointed by the acting CEO.
“The acting CEO made a mistake on the notice issued on the termination of the contract with Redforce, making reference to a council resolution. You need to ask where that council resolution is. The motion was supposed to be referred to the management committee as it has legal and financial implications. The mistake just needs to be corrected,” he maintained.
Unnecessary burden
!Gonteb further defended his stance against the appointment of Metcalfe Beukes Attorneys, as he feels it places an unnecessary financial burden on the municipality.
“I do not understand why we as a council are still looking for some advice on this basic, simple matter on which we as council are at fault, and we are not honest by correcting our own mistakes. Instead, we opt to create unnecessary legal costs,” he wrote in an email to his colleagues on the matter.
!Gonteb had advised Esterhuizen to terminate Metcalfe’s services because “you do not need legal advice for this”.
“Involve Redforce for a round-table discussion, specifically the leniency issue when it comes to collections. Procure the service of an investigator to investigate the whole process of appointing Redforce. The results of such an investigation will bring some peace of mind to some councillors and residents. Alternatively, invite the urban and rural development ministry or procurement policy unit to investigate,” he further suggested.
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