Africa-Press – Namibia. THE Ministry of Urban and Rural Development has urged regional and local authority councils to follow legal procedures when hiring and firing chief executive officers.
Executive director in the ministry Nghidinwa Daniel said all councils are required to adhere to the legal provisions contained in the Public Service Amendment Act of 1990, which states that only a Cabinet member may charge and suspend a chief executive officer or chief regional officer.
This comes after the Keetmanshoop local authority council fired chief executive officer Desmond Basson with immediate effect a week ago, without the approval of the line minister, Erastus Uutoni.
The local authority also suspended the strategic executive for local economic development Jegg Christiaans at the same time.
“In respect of appointments, suspensions and dismissals, everyone must follow the law, as well as the requirement of signing performance agreements with specific deliverables,” said Daniel.
Basson was fired with immediate effect after it came to council’s attention that Basson did not sign his service contract in 2019, when his contract was renewed for another five-year term by the previous Swapo-led council.
Basson said he did not agree with clauses that were inserted by council in his new contract, such as that his cellphone records could be checked by council at any time.
“My cellphone is my private property. What does the council have to do with it, among others?”
Basson said he will seek legal recourse as the dismissal was unlawful.
The letter issued to Basson states that at its ordinary council meeting, held on 8 July, council resolved to rescind the resolution taken in October 2019, and the working relationship would be ended with immediate effect, as there is no service contract between Basson and the council.
Mayor McDonald Hanse said council cannot continue utilising the services of Basson, as he is not under any contractual obligation by the council to provide services, and can neither be held accountable by council for his actions.
“The chief executive position is a very sensitive position, making big decisions on behalf of the municipality. But we cannot hold him accountable, and that will be irresponsible of us, as there is no contract, therefore we terminated his services,” said Hanse.
Christiaans’ suspension during the same period, is said to have been triggered when he was acting chief executive officer and reportedly cancelled a fuel card while the mayor was reportedly on an illegal trip with a council vehicle.
Christiaans said he is not aware of any complaint amounting to misconduct raised against him.
He alleged that the mayor wanted to be paid S&T for the unauthorised trip, and made misrepresentations on the S&T claim form by indicating the purpose of the trip as ‘Memorial Service-Gochas’.
“The mayor must answer what misconduct I committed, and was there a council meeting held to discuss complaints against me before my suspension?
“He must tell me whose memorial service he wanted to attend at Gochas? And that he suspended me because I terminated the unauthorised trip and rejected the false S&T claim,” said Christiaans.
Hanse denied that Christians was acting chief executive officer at the time.
He said only the management committee can appoint an acting officer, as they did last week when appointing technical division head Samuel Nashima as acting CEO, after the dismissal and suspension.
“Therefore, fuel cards and authorisation of trips was none of Christiaan’s business,” said Hanse, who declined to comment further on the matter in an interview on NBC as the matter is now sub judice.
Swapo called on the urban and rural development minister to dissolve the Keetmanshoop local authority and reinstate the officials.
The Keetmanshoop local authority consists of five Landless People’s Movements (LPM) councillors and two Swapo councillors.
Swapo coordinator for the //Kharas region Mathew Mumbala said Swapo cannot allow public resources of the Keetmanshoop community to be used by LPM councillors for personal matters.
“We cannot condone the mayor of Keetmanshoop to turn Keetmanshoop into a jungle republic. We are supposed to be guided by the rule of law and follow the Local Authorities Act and the labour law,” said Mumbala.
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