Swanu pair questions neutrality of Unam disciplinary committee

THE disciplinary hearing of two senior lecturers of the University of Namibia facing charges because of their involvement in politics got under way in Windhoek yesterday with their lawyer asking Unam to disband the disciplinary committee because of alleged conflict on interest of some members on the panel.

Jan Hendrik Wessels of the law firm Stern and Barnard, who represents Swanu president Usutuaije Maamberua and Swanu secretary general Dr Tangeni Iijambo proposed that Unam appoint a “totally independent” committee as well as an external initiator and prosecutor in the case. According to him several members of the committee had earlier demonstrated bias in the case and were thus not qualified to be neutral.He said the initiator of the disciplinary action Professor Nico Horn, the head of the law faculty, “will unduly influence” members while most of them were senior members of Unam and thus cannot question the policy used to discipline the two.Wessels said one member of the committee Professor Manfred Hinz was at loggerheads with Maamberua over the Herero reparation issue and also had an earlier dispute with him over a dissertation for Maamberua.Thus, he claimed, Hinz was “most definitely biased” against Maamberua while another member was instrumental in the investigation and compilation of charges and cannot be a neutral judge.”I submit that the honourable thing to do is to compile a new set of members to form a committee to proceed with this disciplinary hearing should the disciplinary hearing not be postponed,” Wessels told the committee.He wanted a panel that is not part and parcel of Unam structures but knowledgeable with law.Before the hearing started, representatives of the Namibia National Teachers’ Union (Nantu) and Namibia Public Workers’ Union were also barred from attending as observers.Nantu’s Unam branch Chairperson, James Kamerika, said they were entitled to serve on any Unam committee and have thus always attended disciplinary hearings as observers.”We will approach the NUNW (National Union of Namibian Workers) to question why Unam interprets the recognition agreement differently,” he told The Namibian.The two lecturers were charged after they refused to resign from their positions as leaders of Swanu.Unam’s human resources office informed them that they had transgressed their conditions of employment by addressing public rallies of Swanu and twice failed to resign when instructed to do so.Late last year Unam informed some staff members who held party office that it had a policy banning this.As a result, the Swapo Youth League withdrew its secretary for information, Charles Siyauya, from active leadership.The disciplinary hearing continues.According to him several members of the committee had earlier demonstrated bias in the case and were thus not qualified to be neutral.He said the initiator of the disciplinary action Professor Nico Horn, the head of the law faculty, “will unduly influence” members while most of them were senior members of Unam and thus cannot question the policy used to discipline the two.Wessels said one member of the committee Professor Manfred Hinz was at loggerheads with Maamberua over the Herero reparation issue and also had an earlier dispute with him over a dissertation for Maamberua.Thus, he claimed, Hinz was “most definitely biased” against Maamberua while another member was instrumental in the investigation and compilation of charges and cannot be a neutral judge.”I submit that the honourable thing to do is to compile a new set of members to form a committee to proceed with this disciplinary hearing should the disciplinary hearing not be postponed,” Wessels told the committee.He wanted a panel that is not part and parcel of Unam structures but knowledgeable with law.Before the hearing started, representatives of the Namibia National Teachers’ Union (Nantu) and Namibia Public Workers’ Union were also barred from attending as observers.Nantu’s Unam branch Chairperson, James Kamerika, said they were entitled to serve on any Unam committee and have thus always attended disciplinary hearings as observers.”We will approach the NUNW (National Union of Namibian Workers) to question why Unam interprets the recognition agreement differently,” he told The Namibian.The two lecturers were charged after they refused to resign from their positions as leaders of Swanu.Unam’s human resources office informed them that they had transgressed their conditions of employment by addressing public rallies of Swanu and twice failed to resign when instructed to do so.Late last year Unam informed some staff members who held party office that it had a policy banning this.As a result, the Swapo Youth League withdrew its secretary for information, Charles Siyauya, from active leadership.The disciplinary hearing continues.