Martin Endjala
Despite being exonerated of any criminal intent by the Anti-Corruption Commission (ACC), suspended Namcor Managing Director, Immanuel Mulunga is unable to return to work since the board has not cleared him yet, says Namcor spokesperson, Paulo Coelho.
In an interview yesterday, Coelho informed the Windhoek Observer that Mulunga has only been cleared by the ACC and not by the appointing body, the Namcor board of directors.
Coelho was replying to questions from the Windhoek Observer on why Mulunga is yet to return to duty more than a week after ACC refused to charge him for corruption following payments of N$ 100 million he made for an Angolan oil joint venture deal.
Coelho told this publication that independent investigations into Mulunga’s violations, which led to his suspension, are still ongoing and as a result, he is unable to return to work until the board clears him of all accusations.
“He is still not cleared by the organization, because ongoing independent investigations have not been completed,” Coelho explained.
However, he refused to reveal further details about the ongoing probe, which he labelled as confidential, but assured this reporter that Namcor will make a statement once the process is concluded.
The Namcor board of directors released a statement yesterday denying media reports that Acting Managing Director, Shiwana Ndeunyema had resigned.
“While it is true that Ndeunyema has expressed his intention to step down from his position as Acting Managing Director, Namcor’s Board of Directors wishes to confirm that he is still in that capacity. He will continue to oversee the organization’s day-to-day activities,” according to the statement.
The Board further stated that they recognize Ndeunyema’s devotion and commitment as Acting Managing Director and appreciate his efforts in guiding the company through this difficult time.
“As a result, stakeholders and the general public should be aware that Namcor will continue to keep them updated on any relevant changes concerning the Acting Managing Director’s position. The board is currently working on a transition plan to assure Namcor’s ongoing seamless operation during this period.”
Following Mulunga’s suspension, Ndeunyema was appointed as Acting MD in April.
Several members of the public, including Parliamentarians such as Popular Democratic Movement president, McHenry Venaani, have called for Mulunga and the Board of Directors to be fired for allegedly failing to carry out their mandate of managing a public institution.
Meanwhile, Mulunga has asked the Windhoek High Court’s labour division to reconsider and dismiss the charges he is facing in a disciplinary hearing.
According to the notice of motion filed with the court, Mulunga requested that the charge sheet from the disciplinary hearing on May 24 be amended, reviewed, and set aside or declared against the clause in Namcor’s employee relations policy.
He is also seeking the Labour Court to rule that any future actions taken by Namcor in response to the charge sheet be nullified and voided.
Mulunga also added that the policy requires any disciplinary action taken by the corporation to be completed within 90 days of the infraction being brought to Namcor’s knowledge.
“Furthermore, disciplinary action against him was not taken within a reasonable time when the required data were available to the directors,” the notice says.
He also asserts that the charges he is facing were not handled by the person who initiated the charges, as required by policy, but rather by a third party, Cliffe Dekker Hoffmeyer, a law company in South Africa.
According to the policy, the initiator is the person or persons who may properly investigate the planned charges to be initiated on the basis of any said misconduct by a Namcor employee.
According to court documents, Mulunga is accused of fraud for withholding information from Namcor’s board of directors, with the intent of instructing the finance department to transfer US$ 6.7 million to Sungara Energies from Namcor’s Exploration and Production account.
Additional charges include accusations that he violated his employment terms, resulting in a major breach of confidence between him and the board of directors.
In addition, he is suspected of violating confidentiality by leaking information to the media.
