…extension of his expired contract could be illegal
Andrew Kathindi
The City of Windhoek Council’s decision to reappoint City Police Chief Abraham Kanime is illegal. This is the non-binding legal opinion obtained from Kwala & Company, a legal firm hired to consult on the matter.
According to legal documents seen by the Windhoek Observer, Kwala & Company warned the City council that the ‘reappointment’ of the long-serving police head would be unlawful. They claim it has legal ramifications if implemented, as the courts could overturn the appointment if challenged.
“Council is under a constitutional and legal obligation to act under the prescripts of the law. Any deviation will result in any decision taken as contrary to the law,” the legal opinion read.
“Council cannot proceed with the implementation of its decision, as the decision finds no application with the regulations as stated supra in my analysis of the applicable regulations. In the event Council proceeds to implement its decision, the decision stands to be set aside by a court of law.”
The planned move to reappoint Kanime has continued to divide the council. The City of Windhoek CEO Robert Kahimise is said to have declined to participate in any process that involves the City Police boss securing a new three-year N$6 million contract. The two have, in the past, clashed on various points.
Kahimise’s reported stance on the matter has caused some councilors to push for the appointment of an acting city CEO to handle the reappointment of Kanime. The CEO is required to approve any executive appointments.
Retaining Kanime in the City Police Chief job could be considered as contrary to Kwala & Company’s optional recommendations. “Such decisions must be made in the letter and spirit of the laid down law…Members of Council that govern the municipality are obligated to always apply the law.”
Windhoek Mayor Fransina Kahungu, when contacted for comment, said the council was yet to discuss the legal opinion.
“The Kwala & Company legal advice was not discussed at the council, we received it but we never deliberated on it at the council level. Unfortunately, I did not attend the management committee yesterday (Monday) as I was busy with the open markets. I received my invitation at 14h00 and the meeting was at 15h00. I had a pre-arranged engagement,” said Kahungu.
She said, “It is the mandate of the management committee to appoint an acting CEO if there is enough reason to do so. It is in the local authority act.”
Following the resignation of Kanime in January 2020, Kahungu requested the service chief to recommend possible replacements. In February, the City Council reversed its decision and decided to retain the services of Kanime.
This, according to the Kwala & Company opinion, could be considered unlawful as the resignation of the Head of City Police took effect upon the expiration of 30 days after the resignation was tendered. In this case, Kanime’s resignation took effect by law at the beginning of March 2020.
