Suspended Namibia Training Authority (NTA) manager Gad Kangueehi will not attend a disciplinary hearing scheduled for Thursday, with his lawyers threatening to take the authority to the labour court if it proceeds. Kangueehi’s lawyers, Metlaw Attorneys & Notaries, say the NTA has failed to follow its own disciplinary procedures and has not provided their client […] The post NTA manager skips disciplinary hearing as legal battle looms over procedure appeared first on The Namibian .
Suspended Namibia Training Authority (NTA) manager Gad Kangueehi will not attend a disciplinary hearing scheduled for Thursday, with his lawyers threatening to take the authority to the labour court if it proceeds.
Kangueehi’s lawyers, Metlaw Attorneys & Notaries, say the NTA has failed to follow its own disciplinary procedures and has not provided their client with documents and evidence needed to prepare for the hearing.
“To date our client has received no copy of the complaint form. Neither has he received recorded statements in writing from witnesses on official statement forms,” the lawyers say in a letter dated 28 August and addressed to NTA chief executive Erick Nenghwanya, in possession of The Namibian.
The letter follows an earlier correspondence from Metlaw dated 16 June, which the lawyers say received no response from the authority.
Metlaw accuses the NTA of being “so inept and/or intent on holding a kangaroo disciplinary hearing” that it has failed to follow its own disciplinary code and procedures.
The lawyers say the NTA’s policy requires a formal complaint to be recorded, investigated and supported by statements from the accused employee and witnesses before a disciplinary hearing is held.
According to the lawyers, Kangueehi has not received a copy of the complaint form, written statements from witnesses or a statement recorded from him.
They also say Kangueehi has not been informed who the witnesses against him are, who will chair the hearing or who will act as the pro forma initiator.
Metlaw argues that without this information, Kangueehi cannot properly prepare his defence.
“At present there is simply no evidence upon which a disciplinary hearing can be convened,” the lawyers say.
They further claim that six months have passed since the alleged offences took place, but the NTA has still not provided the information they say is required under its own procedures.
Kangueehi was suspended in May and subsequently faced disciplinary action over allegations including insubordination and dereliction of duty.
He has denied wrongdoing, while the NTA has maintained that his disciplinary process is separate from grievances he previously raised against the institution.
In June, the NTA told the Public Service Union of Namibia that it was not legally required to provide every document requested before an internal disciplinary hearing.
The authority said the hearing was the appropriate platform for evidence to be presented, witnesses to testify and the employee to cross-examine them.
NTA also maintained that it remained committed to a fair and impartial disciplinary process.
The NTA previously rejected the claim that it was operating unlawfully without a board, saying the line ministry had assumed interim oversight after the previous board’s term expired in January.
The post NTA manager skips disciplinary hearing as legal battle looms over procedure appeared first on The Namibian.
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