NDC bosses left hanging in limbo

THE Namibia Development Corporation (NDC) has yet to act on a legal opinion which suggests that it unfairly dismissed its Managing Director Abdool Aboobakar and Finance Manager Addis Faul.

The duo were fired for their involvement in a N$55 million investment with the NDC’s sister company, the Offshore Development Company. Approached for comment by The Namibian yesterday, NDC Board Chairperson John Nekwaya said the company had taken note of the appeal outcome, but said the pair were still guilty even if it was only on one charge and not the five they were charged with.Nekwaya said he was waiting for Aboobakar and Faul’s legal team to make contact with the company before further steps were taken on the matter.”We received their appeal.It (the situation) is still as it is.They were still found guilty, the charge is now just one,” he said.In April, the NDC board endorsed a recommendation of a disciplinary panel of lawyers that the two be fired after it found Aboobakar guilty on five charges and Faul on four of the same charges.However an appeal finding by Advocate George Coleman found that the charges were improperly split and that the panel had erred in finding the two men guilty on several of the charges.Coleman however decided that the pair could be found guilty of exceeding their powers by causing the NDC to lose the N$55 million investment, by transferring it to the ODC, which in turn invested the money with shady investment company Great Triangle Investments.The money forms part of a N$100 million investment made by the ODC, none of which to date has been recovered.In his appeal ruling, Coleman suggested that the matter be referred back to the original disciplinary panel and that they review their recommended sanction.Labour relations practitioner Robin Raines, who has been representing Aboobakar and Faul, said yesterday that his clients were still waiting for the NDC to act on the appeal findings.Should they not do so, the NDC could expect the matter to head for the courts.According to Raines, the NDC’s company policy does not prescribe dismissal as mandatory sanction for the charge on which the appeal found Aboobakar and Faul guilty.”We are not going to accept the ruling of the disciplinary panel.It is clear they didn’t acquit themselves properly.We wait anxiously for their (NDC’s) response (to the appeal recommendations),” said Raines.Approached for comment by The Namibian yesterday, NDC Board Chairperson John Nekwaya said the company had taken note of the appeal outcome, but said the pair were still guilty even if it was only on one charge and not the five they were charged with.Nekwaya said he was waiting for Aboobakar and Faul’s legal team to make contact with the company before further steps were taken on the matter.”We received their appeal.It (the situation) is still as it is.They were still found guilty, the charge is now just one,” he said.In April, the NDC board endorsed a recommendation of a disciplinary panel of lawyers that the two be fired after it found Aboobakar guilty on five charges and Faul on four of the same charges. However an appeal finding by Advocate George Coleman found that the charges were improperly split and that the panel had erred in finding the two men guilty on several of the charges.Coleman however decided that the pair could be found guilty of exceeding their powers by causing the NDC to lose the N$55 million investment, by transferring it to the ODC, which in turn invested the money with shady investment company Great Triangle Investments.The money forms part of a N$100 million investment made by the ODC, none of which to date has been recovered.In his appeal ruling, Coleman suggested that the matter be referred back to the original disciplinary panel and that they review their recommended sanction.Labour relations practitioner Robin Raines, who has been representing Aboobakar and Faul, said yesterday that his clients were still waiting for the NDC to act on the appeal findings.Should they not do so, the NDC could expect the matter to head for the courts.According to Raines, the NDC’s company policy does not prescribe dismissal as mandatory sanction for the charge on which the appeal found Aboobakar and Faul guilty.”We are not going to accept the ruling of the disciplinary panel.It is clear they didn’t acquit themselves properly.We wait anxiously for their (NDC’s) response (to the appeal recommendations),” said Raines.