Hertta-Maria Amutenja
A Namibian Police Detective Sergeant formerly stationed at the Luderitz Police Station has lost a case in which he was suing former Nampol Inspector General Sebastian Ndeitunga after he was demoted and transferred to another duty station.
The plaintiff, Daniel Baisako sought an order declaring his rank demotion and transfer null and void and subsequently set aside.
Judge Collins Parker dismissed the case with costs yesterday. Baisako was reportedly demoted from a Detective Warrant to a Detective Sergeant and subsequently transferred from the Internal Investigation Sub-Division of Nampol in Lüderitz to the Administration Unit of the Keetmanshoop Police Station unlawfully.
According to court documents, Ndeitunga’s decision to transfer Baisako was taken on 12 August 2021. Baisako’s position is that the former Inspector General’s decision is in conflict with Article 18 of the Constitution of the Republic of Namibia.
Ndeitunga was dragged to court alongside the Minister of Home Affairs, Immigration, Safety and Security and the Regional Commander for the //Kharas Region.
Baisko was demoted and transferred following a departmental trial in November 2021 after he was charged with contravening Regulation 15 (d) of the Act in that he was negligent and indolent in the discharge of his duties.
According to documents, during a Covid-19 operation in Lüderitz in May 2020 he allegedly failed to account for alcohol he confiscated from members of the public where he was stationed at the time.
“On 12 August as a result of his dishonesty and misconduct during the carrying out of his duties without the integrity expected of a party in his positions, the IG wrote a letter of transfer with immediate effect to him in terms of Regulation 2(2),” read the documents.
Baisko argued that the decision did not contain any reasons for the transfer and that he was never consulted in regard thereto.
“It is respectfully submitted that the interests of justice would not be served if the decision is not set aside. Not only have the Respondents failed to prove any prejudice which may be caused by the review of the decision, the Respondents’ conduct in coming to the decision and failure to provide reasons therefor in themselves constitute unfair and unreasonable administrative actions,” he argued.
However, the government insists that the demotion is justified, as Baisako was found guilty of the malpractices allegations he faced.
“The applicant has failed to establish the demerits of his transfer in light of his conviction for contravening the Police Act. His negligent and indolent actions were mulcted by Disciplinary proceedings and led to his demotion and subsequent transfer. The plaintiff’s conviction remains extant as the corollary for the transfer,” the respondent’s heads of argument read.
