The Namibian (Windhoek)

Namibia: TransNamib Caves in On Lawyer Representation

TRANSPORT parastatal TransNamib has caved in to pressure from two suspended senior managers.

The company started a disciplinary hearing yesterday against Sales Manager Paul Nashitati and Service Delivery Manager Sem Iyambo and has finally allowed them to have legal representation.

Jeff Tjitemisa, lawyer for the two, confirmed yesterday that the company agreed to allow him to represent them.

The case is set down until next week.

Last month the Labour Court ordered TransNamib not to proceed with a disciplinary hearing against two senior managers until it has heard an urgent application against the company in two months' time.

They are charged with corruption related to a N$10 million tender deal.

The chairperson of the disciplinary hearing, Dirk Conradie, had told Nashitati and Iyambo that they had no right to legal representation because of a rule in the disciplinary code which states that an employee can only be represented by a colleague or a shop steward.

However, the two managers challenged the decision in the Labour Court and the case was stopped until such time that the company could explain why they hinder the managers access to legal representation.

The Labour Court case was set for April 16 but the company made a u-turn and decided to allow Tjitemisa in the disciplinary hearing.

The two senior managers face charges related to the negotiating, procurement and awarding of a N$10 million tender for customs clearing duties to a company called Quick Clear Services without the approval of the management or the Board.

TransNamib claims they were guilty of fraud, as they created the impression that the N$10 million bond the company had with a local bank was under-utilised and could be used in the customs clearing tender.

In the process, TransNamib alleges, the two failed to adhere to the policies of the company as they did not get permission and approval to negotiate, procure, award and execute the tender in favour of Quick Clearing Services.

Another charge relates to a directive by management committee meeting to the two that the matter be discussed by the steering committee.

TransNamib alleges that the two executed the agreement without taking it to the steering committee.

The fourth charge is only for Iyambo.

Between June 9 and July 7 last year, he allegedly instructed his subordinates at the customs clearing section of the company not to perform their duties, as the functions would be carried out by Quick Clear Services.

The company alleges that Iyam-bo told the employees only to sign the customs documentation as proxies of Quick Clear Services.

TransNamib is represented by the company's legal advisor Slysken Makando.


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