Africa-Press – Namibia. A lawyer representing the Grootfontein municipal council has recommended that the local authority press charges against its under-fire CEO Kisco Sinvula for alleged serious violations.
In March this year, management committee chairperson Elizabeth Kastoor moved a motion to get Sinvula suspended over allegations of serious misconduct. These allegations range from insubordination, abuse of power, violations of the Local Authorities Act of 1992, violations of the Procurement Act, corruption, forgery, misleading and misrepresentation of facts, negligent trading, utterances, and violations of labour law, racketeering and the misuse of public funds.
At the time, urban and rural development minister Erastus Uutoni ruled that the suspension of Sinvula was not done in accordance with proper procedures, and directed the council to follow regulations in suspending the CEO.
Council then went back to the drawing board, and roped in lawyer Henry Shimutwikeni to look into the allegations against Sinvula.
Chief among the gross violations found by lawyers that led to Sinvula’s suspension by the council include various charges of gross abuse of authority, and violation of the Procurement Act 15 of 2015.
Shimutwikeni found that during or about 14 October 2021, Sinvula awarded a contract to Frontier Multi Industries for solid waste collection and disposal services for three years for an amount of N$330 050 per month, which is in contravention of the Procurement Act 15 of 2015.
Sinvula has been found to then have authorised the contract between Frontier Multi Industries and the council for solid waste collection and disposal services to be increased to N$550 000 per month, in violation of the Procurement Act 15 of 2015 and without authorisation of the council.
Another serious finding is that during or about 8 November 2021, Sinvula awarded a contract to Otjomuise Construction CC for the resealing of selected roads in Grootfontein for an amount of over N$5.1 million in contravention of the Act.
Furthermore, the lawyer alleged that Sinvula awarded a contract to NBT Quality Services CC for the construction of electrical services in Omulunga Extension 8 to the tune of N$12.7 million in contravention of the Procurement Act.
Another finding is that around 4 October 2021, Sinvula awarded a contract to NBT Quality Services CC for the construction of electrical services in Omulunga Extension 8 for a contract amount of N$4.4 million, which is in contravention of the Act.
Equally, he is charged for having allegedly tampered with the prices of the lowest bidder, Plastic Packaging, to favour a Certain K Hapu Investment CC, after which Sinvula himself solicited and/or received gratification in the amount of N$40 000.
Contacted for comment yesterday, Sinvula said he hasn’t received any of those claims at all.
“First time to receive them from the newspaper. The beauty is that facts shall never be tampered with, and shall remain as such. Let the law take its course. I’m not in the office because they put up some foreign objectives on my office doors. I have been working from home for two weeks now,” Sinvula reacted.
Meanwhile, Kastoor said the investigations into the allegations are still ongoing.
“I, therefore, cannot comment on a document I haven’t seen. We haven’t received any feedback from the lawyers yet,” she responded.
Shimutwikeni, in a document seen by New Era, recommended that it would be appropriate for the Grootfontein municipal council to consider reporting the conduct in the findings to the Namibian Police and/or the Anti-Corruption Commission for investigation.
The lawyers stressed that it should in no way be interpreted as a finding of guilt.
Furthermore, the lawyers advised that there exists a basis for laying disciplinary charges against Sinvula, and in addition, some of the conduct is such that it may attract criminal sanctions.
The law firm further recommended that the council take the necessary procedural steps in terms of the Local Authorities Act 23 of 1992 to realise a disciplinary inquiry through which the CEO shall, as per prescribed procedures, be allowed to answer to the findings.
Similarly, the lawyers advised that their investigations reveal that if a disciplinary inquiry finds him guilty of the misconduct, some of the conduct is of such seriousness that it may warrant the dismissal of the suspended CEO.
Caption: (Grootfontein) Accused… Grootfontein CEO Kisco Sinvula is accused of contravening the law in multiple instances.
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