Africa-Press – Namibia. THE Independent Patriots for Change (IPC) party has summoned Swakopmund constituency councillor Ciske Smith-Howard for a disciplinary hearing.
According to a disciplinary notice with no name, signed on 9 December, Smith-Howard is expected to appear before the party’s disciplinary committee on 18 December at the IPC’s headquarters in Windhoek.
“The purpose of the disciplinary hearing will be to establish whether you have committed misconduct or bridged provisions of the relevant legislations and or the IPC tools,” the notice reads.
It further indicates Smith-Howard will not be allowed to seek legal representation, because it is an internal hearing. She is, however, allowed to be represented by fellow party members and to cross-examine her own or party witnesses.
Smith-Howard, through her legal representative Tshuka Luvindao of Dr Weder, Kauta & Hoveka Inc, has opposed the proposed hearing date, since it is a Saturday.
Referring to Article 5 of the IPC’s constitution, Luvindao also asked that the hearing be held at the relevant constituency, which is Swakopmund, not Windhoek.
“The date of the hearing, being 18 December 2021 (a Saturday) is not suitable for our client or her legal representatives (instructing and instructed legal practitioners).
“Both our client and her legal representatives are only available from the last week of January 2022 and the whole of February 2022,” he said. The legal team requested more time to study the party’s investigation report.
Luvindao also requested the party to indicate which article in its constitution prohibits Smith-Howard from having legal representation at the disciplinary hearing.
“We see no prejudice that the IPC would suffer should legal representation be allowed, especially since the IPC can secure legal representation of its own. The common-law requirement that disciplinary proceedings be fair may dictate, in a particular case, that legal representation be necessary, and in this case, it certainly is necessary,” he said.
Luvindao demanded that the matter be referred to the High Court should the IPC insist that legal representation is not allowed at the disciplinary hearing.
Smith-Howard, who is also the party’s chairperson for the Erongo region, was restrained by the party on 21 October in a letter signed by the party’s national general secretary, Christine Auchamub. She has been barred from acting in any manner or forum on behalf of the IPC or any representative of the party.
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