Catherine Sasman
29 September 2008
Windhoek — The District Labour Court threw out the application of embattled TransNamib Chief Executive Officer, Titus Haimbili, arguing that it does not have the jurisdiction to hear the case.
In his ruling last Friday afternoon, Magistrate 'Oupa' Britz added that the court equally did not have the authority to determine the basis for Haimbili's reinstatement, since he is still in the employment of TransNamib with full pay.
Haimbili made an application to the District Labour Court for his reinstatement within 10 days of notice.
The application also asked that TransNamib (as the second respondent) and chairperson of the TransNamib board, Festus Lameck (first respondent) pay the costs should they oppose the application.
The respondents did oppose the application, raising three technical points why the District Labour Court should not consider the case.
The court ruled, however, that each party carries own costs.
"What if the court agrees that the respondents have lost the plot who will wash the egg off the court's face when the investigations [into alleged irregularities by Haimbili] find no irregularities and the applicant returns to office?" asked Britz.
"I am below the law and therefore bound by the District Labour Court outcome," Haimbili said after the ruling.
He was, however, not to be deterred from standing his ground.
"I am a mortal person created by God who has the right over life and death, who can pass judgment over unrighteous people. I only fear Him and He will surely speak for me!
"I am a trumpeter playing in a brass band. With my trumpet in hand, I will march forward and any wall of Jericho on my way will surely crumble by the sound of the trumpet!" Haimbili vowed.
He said he remains determined to return to his work "to what I enjoyed and love most, serving my people and country to the best of my ability; for me, the righteous battle has just begun".
On Friday, however, it was not clear which court would consider Haimbili's case.
At best, Haimbili will have to wait it out until the cut-off date of October 31 to hear the outcome of the investigation.
Haimbili brought the application before the District Labour Court in a bid to be reinstated in his job after he was unceremoniously put on special leave by the TransNamib board.
An investigation is currently underway, conducted by Ernst and Young, into alleged irregularities by Haimbili.
In his application, Haimbili charged that the allegations were defamatory and demanded that TransNamib fulfils its contractual obligations.
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