The City of Windhoek has lost a case in which it was trying to get former Windhoek City Police chief Abraham Kanime to pay back about N$6,8 million that he received from the city during the last three years that he served as its police chief.
In a judgement delivered in the Windhoek High Court yesterday, judge Hannelie Prinsloo reviewed and set aside a Windhoek City Council decision - taken in February 2021, while Kanime was still the head of the city police - to start a recruitment process aimed at appointing a new city police chief.
Prinsloo found that Kanime was appointed as Windhoek City Police chief by virtue of a fixed-term employment contract of three years at the end of April 2020, and that employment contract has never been set aside by the High Court.
The judge also found that Kanime was not a party to a settlement agreement reached in a High Court case between the city council and former council member Ignatius Semba in November 2020.
That settlement agreement was misconstrued by the city council, and did not invalidate Kanime's employment contract with the City of Windhoek, she stated.
Prinsloo further found that the city council's decision, taken in February 2021, to restart a recruitment process for the appointment of a new head of the Windhoek City Police, "was clearly unreasonable, unfair and premature" as Kanime's employment contract remained valid and in existence, with the result that the council's decision had to be reviewed and set aside.
The city council claimed its decision in February 2020 to retain Kanime's services as city police chief was unlawful.
According to the council, in terms of the Windhoek Municipal Police Service Regulations of 2013 it can retain the services of a city police member after the member's retirement, but in Kanime's case he resigned as chief of the city police in January 2020 and did not retire from the post.
The city also claimed that since in its view no valid employment agreement between the city council and Kanime was concluded in April 2020, Kanime was enriched at the expense of the city, that enrichment was unjustified, and Kanime should pay back the money he has received from the city since May 2020.
The city council asked the court to order that Kanime should pay back the salary of N$115 685 per month, plus an annual bonus in that amount, and also monthly housing and car allowances of N$40 490 and N$15 189, respectively, that he received from the City of Windhoek from the start of May 2020 until his retirement at the end of April this year.
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Prinsloo noted in her judgement that to a large extent Kanime's court application against the city council became academic due to the passing of time and the termination of his employment contract at the end of April this year.
On the council's counter-application, in which it asked the court to review and set aside Kanime's employment contract signed at the end of April 2020 and to pay back the salary and allowances he received over the three years after that contract was concluded, Prinsloo found it was not shown that the application had been properly authorised.
The judge also concluded that the city council unreasonably delayed the institution of the legal action - which was filed only in June last year - through which it wanted to have Kanime's employment contract reviewed and set aside.
Prinsloo ordered the city council to pay Kanime's legal costs in the matter.
Kanime was represented by lawyer Sisa Namandje.
Patrick Kauta represented the Windhoek City Council.
