Tjihumino takes fight with GIPF to court

THE protracted battle of Maru Tjihumino against his removal as the chairperson of the Government Institutions’ Pension Fund (GIPF) landed in the Labour Court on Wednesday.

Tjihumino claims his career, personal finances, family relations and studies have all been affected by his axing as Board Chairperson and the drawn-out disciplinary procedure over his suspension as Accountant General in the Ministry of Finance. Tjihumino feels that media reports over his alleged inappropriate relationship with the company Global Vision Trust, which was trying to obtain a loan from GIPF for the Swakopmund Waterfront, sparked his “unfair dismissal” as GIPF board chairperson and suspension from the Ministry of Finance last August.He has subsequently returned to work at the Ministry but in the capacity of Director of Administration.He is opposing this move.Deon Obbes, appearing for Tjihumino on the instruction of Richard Metcalfe, asked the court to declare Tjihumino’s suspension as GIPF board chairperson unlawful.Tjihumino also wants the court to order that the unfinished disciplinary process related to his suspension as Accountant General be abandoned for not being carried out in the specified timeframe and to subsequently force Government to drop the charges against him.In a submission to the court, Tjihumino said that only since his appointment as Accountant General had Government’s book of accounts been closed on time and all reports submitted to the Auditor General.Tjihumino served as GIPF Chairperson from 2002 and was again re-elected for another term in 2005.It was under his leadership, Tjihumino claims, that the GIPF board ensured sound corporate governance.”During my chairmanship, secure procedures were put in place to ensure that a single member of the board would be unable to unilaterally approve the financing of and or the investment in any project,” Tjihumino told the court.Among the charges levelled against Tjihumino is that he is alleged to have conducted himself in a “disgraceful, improper or unbecoming manner” by involving himself in financial dealings with Global Vision Trust and Circle Investments that caused “embarrassment to the Government”.Tjihumino is further alleged to have “demanded or caused” Global Vision Trust’s Brett Jolly to pay him a commission, fee or reward of 500 British pounds which he was not entitled to.Global Vision Trust is said to have vied for a loan from GIPF for the Swakopmund Waterfront Development.Circle Investments is a local black empowerment company that was also seeking to enter the waterfront venture.RESPONSE In response to Tjihumino’s claims, Finance Permanent Secretary Calle Schlettwein acknowledges that action against Tjihumino was prompted by media reports but says whether they are unfounded or not will be determined by a disciplinary inquiry.Schlettwein denies Tjihumino’s assertion that the charges against him were “vague” or that he took an “unreasonable position” towards him.Tjihumino has claimed that Schlettwein’s actions have been unduly harsh and stemmed from a strained relationship between them.Government charges that Tjihumino operated a private agency, Namibia Horizon Transport, while in the employ of the public service without approval from the Prime Minister.Government is denying that it failed to constitute a disciplinary hearing within the prescribed timeframe.Tjihumino says the date in September that was scheduled to mark the start of his disciplinary hearing ended up being an informal meeting as all the members of the disciplinary panel were not in attendance.He said that the disciplinary process had been severely delayed and not concluded within the 21 days of the establishment of the disciplinary committee as prescribed by law.Schlettwein told the court in his affidavit that in his view the disciplinary inquiry had got off the ground and would be concluded as soon as was reasonably possible.The Ministry of Finance had the files on Tjihumino’s computer and that of his secretary audited in the belief that they may contain evidence of the misconduct charges.Schlettwein further said he found it difficult to believe that Tjihumino was suffering financial prejudice by financial institutions as a result of the present situation as his salary and benefits had not been affected by his suspension.Government was represented by Uno Katjipuka.Judge Sylvester Mainga reserved judgement.Tjihumino feels that media reports over his alleged inappropriate relationship with the company Global Vision Trust, which was trying to obtain a loan from GIPF for the Swakopmund Waterfront, sparked his “unfair dismissal” as GIPF board chairperson and suspension from the Ministry of Finance last August.He has subsequently returned to work at the Ministry but in the capacity of Director of Administration.He is opposing this move.Deon Obbes, appearing for Tjihumino on the instruction of Richard Metcalfe, asked the court to declare Tjihumino’s suspension as GIPF board chairperson unlawful. Tjihumino also wants the court to order that the unfinished disciplinary process related to his suspension as Accountant General be abandoned for not being carried out in the specified timeframe and to subsequently force Government to drop the charges against him.In a submission to the court, Tjihumino said that only since his appointment as Accountant General had Government’s book of accounts been closed on time and all reports submitted to the Auditor General.Tjihumino served as GIPF Chairperson from 2002 and was again re-elected for another term in 2005.It was under his leadership, Tjihumino claims, that the GIPF board ensured sound corporate governance.”During my chairmanship, secure procedures were put in place to ensure that a single member of the board would be unable to unilaterally approve the financing of and or the investment in any project,” Tjihumino told the court.Among the charges levelled against Tjihumino is that he is alleged to have conducted himself in a “disgraceful, improper or unbecoming manner” by involving himself in financial dealings with Global Vision Trust and Circle Investments that caused “embarrassment to the Government”.Tjihumino is further alleged to have “demanded or caused” Global Vision Trust’s Brett Jolly to pay him a commission, fee or reward of 500 British pounds which he was not entitled to.Global Vision Trust is said to have vied for a loan from GIPF for the Swakopmund Waterfront Development.Circle Investments is a local black empowerment company that was also seeking to enter the waterfront venture.RESPONSE In response to Tjihumino’s claims, Finance Permanent Secretary Calle Schlettwein acknowledges that action against Tjihumino was prompted by media reports but says whether they are unfounded or not will be determined by a disciplinary inquiry.Schlettwein denies Tjihumino’s assertion that the charges against him were “vague” or that he took an “unreasonable position” towards him.Tjihumino has claimed that Schlettwein’s actions have been unduly harsh and stemmed from a strained relationship between them.Government charges that Tjihumino operated a private agency, Namibia Horizon Transport, while in the employ of the public service without approval from the Prime Minister.Government is denying that it failed to constitute a disciplinary hearing within the prescribed timeframe.Tjihumino says the date in September that was scheduled to mark the start of his disciplinary hearing ended up being an informal meeting as all the members of the disciplinary panel were not in attendance.He said that the disciplinary process had been severely delayed and not concluded within the 21 days of the establishment of the disciplinary committee as prescribed by law.Schlettwein told the court in his affidavit that in his view the disciplinary inquiry had got off the ground and would be concluded as soon as was reasonably possible.The Ministry of Finance had the files on Tjihumino’s computer and that of his secretary audited in the belief that they may contain evidence of the misconduct charges.Schlettwein further said he found it difficult to believe that Tjihumino was suffering financial prejudice by financial institutions as a result of the present situation as his salary and benefits had not been affected by his suspension.Government was represented by Uno Katjipuka.Judge Sylvester Mainga reserved judgement.