Namibia: Katima Ordered to Cancel Disciplinary Hearing Against NDP Councilor

29 September 2024

Minister of urban and rural development Erastus Uutoni has ordered the Katima Mulilo Town Council to abort the ongoing disciplinary hearing against National Democratic Party (NDP) councilor Simasiku Mukendwa.

This order comes after the council hired Ntelamo-Matswetu & Associates to investigate and preside over the disciplinary hearing against Mukendwa scheduled for 24 to 27 September.

A notice of a disciplinary inquiry seen by The Namibian yesterday, says the council has reasons to believe that Mukendwa is guilty of escorting a dismissed council employee to an arbitration hearing against the town council in March, and harassed and intimated two local business owners/employees.

Mukendwa allegedly dissolved the Mahohoma suburb committee on claims that there were only Swapo members and replaced them with other individuals of his choice. In April, he allegedly verbally assaulted fellow council member Beritar Sitali-Mapenzi and mayor John Ntemwa.

Lastly, Mukendwa stands accused of disclosing confidential town council information to third parties and instigating demonstrations against the town council.

Uutoni, in a letter dated 20 September, objected to the disciplinary hearing against Mukendwa, stating it is unprocedural.

He said it was not done in accordance with the provisions of rule six of the code of conduct for members of the local authority councils, the Local Authorities Act of 1992.

"Let it be noted that the ministry on a needs basis conducts interim induction for newly sworn-in councillors of which Mukendwa is yet to attend," he said.

Uutoni added that the code of conduct does not refer to a need to hire an independent party such as a lawyer to preside over disciplinary hearings, adding that it should be presided over by the council instead.

"It is, therefore, unprocedural and unjust against Mukendwa for the council to appoint legal representatives on council cost for a fellow council member to be heard," he said.

Uutoni noted that if the council wishes to continue with the disciplinary hearing against Mukendwa, they should comply with provisions of rule six of the code of conduct.

Efforts to get a comment from Ntemwa were unsuccessful as questions sent to him went unanswered.

The investigations against Mukendwa came about after he tabled a vote of no confidence against Ntemwa in April on the grounds that he does not believe in Ntemwa's ability to effectively lead the Katima Mulilo Town Council, as he is allegedly an incompetent leader.

However, Ntemwa refuted the vote of no confidence motion against him on the grounds that it was unfounded and procedurally flawed. He announced that the council was investigating Mukendwa for the above-mentioned allegations.

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