TransNamib managers face axe

TWO senior TransNamib managers, charged with corruption related to the awarding of a N$10 million tender to a company without the approval of the Board or fellow managers, will find out today whether they can have legal representation.

Marketing and Sales Manager Paul Nashitati and Service Delivery Manager Sem Iyambo are embroiled in a fight about legal representation with the company.Initially TransNamib informed the two that they were entitled to legal representation at the disciplinary hearing, but made a U-turn by telling them that they cannot be represented by lawyers.Yesterday the two managers argued that they were entitled to bringing in their lawyers and the chairperson of the hearing, Dirk Conradie, is expected to make his ruling on that today.The company used section six in its disciplinary code which states that an employee can only be represented by a colleague or a shop steward, if he or she is a member of a union with which the company has a recognition agreement.The section is in sharp contrast to what has been happening at the company over the past couple of years.Tjitemisa and Associates, legal representatives of Nashitati and Iyambo, pointed out in a letter to the company’s human resources department that TransNamib had in the past allowed staff to be represented.They cited the recent case in which TransNamib Chief Executive Officer Titus Haimbili faced six counts of fraud, corruption and nepotism and had lawyers from outside the company.’Our instructions are that our client is facing serious charges which might lead to his dismissal and since TransNamib is being represented by a legal practitioner and the chairperson is a legal practitioner we should demand reasons why our client is being denied to be represented by a legal practitioner,’ Jeff Tjitemisa wrote to the company on Wednesday last week.Nashitati faces four counts while Iyambo has three charges against him.The company alleges that the two negotiated, procured and awarded a N$10 million tender for customs clearing duties to a company called Quick Clear Services without the approval of the management or the Board.Customs clearing is the core function of employees at TransNamib’s customs clearing section and the company claims that the awarding of the tender affected its organisational structure.The company claims that the two acted corruptly at the time Haimbili was on suspension.Initially another senior manager was also linked to the case but the charge was dropped after he left TransNamib for political reasons.The company claims that the two managers were guilty of fraud, as they created the impression that the N$10 million bond the company had with a local bank was under-utilised and could be used in the customs clearing tender.In the process, TransNamib alleges, the two failed to adhere to the policies of the company as they did not get permission and approval to negotiate, procure, award and execute the tender in favour of Quick Clearing Services.Another charge relates to a directive by management committee meeting to the two that the matter be discussed by the steering committee.TransNamib alleges that the two executed the agreement without taking it to the steering committee.The fourth charge is only for Iyambo.Between June 9 and July 7 last year, he allegedly instructed his subordinates at the customs clearing section of the company not to perform their duties, as the functions would be carried out by Quick Clear Services.The company alleges that Iyambo told the employees only to sign the customs documentation as proxies of Quick Clear Services.The case is set down until Thursday.Slysken Makando, TransNamib legal advisor, is charging Nashitati and Iyambo.