N$9m to discipline NAC executives
Namibia Airports Company (NAC) executive for commercial services Toska Sem has come out guns blazing, saying the disciplinary hearing she underwent was biased.
It was also revealed that the forensic audit and disciplinary proceedings against four NAC executives, including Sem, had allegedly cost a whopping N$7.1 by November last year, and that this figure was expected to rise to N$9 million.
Two other NAC executives - human resources manager Josephine Soroses, finance and administration manager Verengai Ruswa - were let off the hook, while the manager for resourcing and relations, Albert Sibeya, resigned.
The quartet were suspended in October 2017, without substantive charges being revealed.
Sem's lawyer Richard Metcalfe has accused the chairperson of her disciplinary hearing, Norman Tjombe, and the initiator Mbushandje Ntinda of Sisa Namandje & Co. of bias.
“It is notable from the so-called forensic audit report that no attempt was made to obtain an explanation of the allegations against our client and that she was denied audi alteram partem and administrative justice and fairness in terms of article 18 of the constitution,” he wrote on 27 February in a letter to acting NAC CEO Lot Haifidi.
According to Metcalfe, Tjombe was not available for three scheduled appointments, on the grounds of ill-health, while the initiator was absent on one occasion due to a bail application he had to attend to.
This had meant the NAC had spent over N$7 million on the forensic audit and disciplinary hearings up until November 2018, Metcalfe claimed.
“Up to November 2018 this sorry corporate saga of abuse of our client and three other employees had cost the NAC a staggering amount of N$7.1 million,” he wrote.
Tjombe was also accused of not sending Sem's lawyer a notice of a planned new date for a subsequent hearing.
“Contrary to any previous postponement, Mr Tjombe failed to send a notice of set down to our offices,” Metcalfe wrote.
“The chairperson and the initiator vehemently opposed such postponement on the grounds that the disciplinary hearing would continue with or without legal representation. Mr Tjombe nastily told Mrs Sem that the matter would proceed without her legal representative and no postponement would be granted,” he added.
According to Metcalfe, Haifidi had instructed Ntinda and Tjombe to finalise the disciplinary hearing by 28 February.
“This was the ostensible reason for Mr Tjombe to refuse a reasonable request for the postponement to a suitable date for all parties,” he wrote.
The failure on the part of the NAC to finalise the case also meant that N$9 million would be spent on the investigation and disciplinary hearing, Metcalfe added.
There are still further monies to be paid by the NAC to Sisa Namandje & Co. for Sem's disciplinary hearing as well as to Deloitte.
In the event Mr Tjombe did not act pro bono, it would be assumed that a further bill would be sent by his firm, Metcalfe said.
“This would mean that this corporate victimisation of our client has cost in excess of N$9 million,” he wrote.
“In the circumstances you are humbly requested to convene a disciplinary hearing with an impartial chairperson in order for our client to be legally represented and to enjoy administrative justice.”
Tjombe did not comment on the allegations raised by Sem. “It will be inappropriate for me to comment on an internal disciplinary inquiry in which I am chairperson. You should contact the initiator, Mr Ntinda,” Tjombe said in a text message. Responding to the allegations raised by Sem, Ntinda wrote to Metcalfe on 28 February: “It is bizarre that you now again raise these points while well-aware that the forum where your client can raise such points is the hearing. It is thus very opportunistic that you have taken such an ill-advised approach.
“Further, be informed that there is no instruction to the chairperson or initiator on how to conduct the hearing. However, note that the initiator will always act in the best interest of the NAC and will not entertain self-serving delaying tactics by you and your client to the prejudice of the NAC.” Namibian Sun understands that Sem's disciplinary hearing has been concluded and that it was recommended that she be dismissed.
A source said the verdict was still to be delivered to Sem.
OGONE TLHAGE
It was also revealed that the forensic audit and disciplinary proceedings against four NAC executives, including Sem, had allegedly cost a whopping N$7.1 by November last year, and that this figure was expected to rise to N$9 million.
Two other NAC executives - human resources manager Josephine Soroses, finance and administration manager Verengai Ruswa - were let off the hook, while the manager for resourcing and relations, Albert Sibeya, resigned.
The quartet were suspended in October 2017, without substantive charges being revealed.
Sem's lawyer Richard Metcalfe has accused the chairperson of her disciplinary hearing, Norman Tjombe, and the initiator Mbushandje Ntinda of Sisa Namandje & Co. of bias.
“It is notable from the so-called forensic audit report that no attempt was made to obtain an explanation of the allegations against our client and that she was denied audi alteram partem and administrative justice and fairness in terms of article 18 of the constitution,” he wrote on 27 February in a letter to acting NAC CEO Lot Haifidi.
According to Metcalfe, Tjombe was not available for three scheduled appointments, on the grounds of ill-health, while the initiator was absent on one occasion due to a bail application he had to attend to.
This had meant the NAC had spent over N$7 million on the forensic audit and disciplinary hearings up until November 2018, Metcalfe claimed.
“Up to November 2018 this sorry corporate saga of abuse of our client and three other employees had cost the NAC a staggering amount of N$7.1 million,” he wrote.
Tjombe was also accused of not sending Sem's lawyer a notice of a planned new date for a subsequent hearing.
“Contrary to any previous postponement, Mr Tjombe failed to send a notice of set down to our offices,” Metcalfe wrote.
“The chairperson and the initiator vehemently opposed such postponement on the grounds that the disciplinary hearing would continue with or without legal representation. Mr Tjombe nastily told Mrs Sem that the matter would proceed without her legal representative and no postponement would be granted,” he added.
According to Metcalfe, Haifidi had instructed Ntinda and Tjombe to finalise the disciplinary hearing by 28 February.
“This was the ostensible reason for Mr Tjombe to refuse a reasonable request for the postponement to a suitable date for all parties,” he wrote.
The failure on the part of the NAC to finalise the case also meant that N$9 million would be spent on the investigation and disciplinary hearing, Metcalfe added.
There are still further monies to be paid by the NAC to Sisa Namandje & Co. for Sem's disciplinary hearing as well as to Deloitte.
In the event Mr Tjombe did not act pro bono, it would be assumed that a further bill would be sent by his firm, Metcalfe said.
“This would mean that this corporate victimisation of our client has cost in excess of N$9 million,” he wrote.
“In the circumstances you are humbly requested to convene a disciplinary hearing with an impartial chairperson in order for our client to be legally represented and to enjoy administrative justice.”
Tjombe did not comment on the allegations raised by Sem. “It will be inappropriate for me to comment on an internal disciplinary inquiry in which I am chairperson. You should contact the initiator, Mr Ntinda,” Tjombe said in a text message. Responding to the allegations raised by Sem, Ntinda wrote to Metcalfe on 28 February: “It is bizarre that you now again raise these points while well-aware that the forum where your client can raise such points is the hearing. It is thus very opportunistic that you have taken such an ill-advised approach.
“Further, be informed that there is no instruction to the chairperson or initiator on how to conduct the hearing. However, note that the initiator will always act in the best interest of the NAC and will not entertain self-serving delaying tactics by you and your client to the prejudice of the NAC.” Namibian Sun understands that Sem's disciplinary hearing has been concluded and that it was recommended that she be dismissed.
A source said the verdict was still to be delivered to Sem.
OGONE TLHAGE
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