Sankwasa blocks NHE appeal in N$3.7m payout to former executive
Urban development minister James Sankwasa said National Housing Enterprise (NHE) board directors who wish to appeal a Labour Court ruling reinstating former sales and lending executive Willem George Titus and awarding him N$3.7 million in backpay should finance the legal challenge from their own pockets and not with taxpayers’ money.
This comes after the NHE board allegedly began contemplating an appeal following a Labour Court ruling delivered by acting judge James Devittie, which set aside Titus’ 2021 dismissal and ordered his reinstatement within 30 days.
In an interview with Namibian Sun on Friday, Sankwasa said the parastatal is not in a strong financial position to pursue an appeal.
“If you look at this case, it is either that the charges were not substantively correct or the procedures were not correct. But one of the legal legs was broken.
"The costs involved are a concern to me - NHE is not in a strong financial position to do any appeal in this case.
“It is a pure waste of taxpayer's money. I cannot allow for wasteful expenditure. As the minister, it is not something I can defend,” Sankwasa said.
Titus, who joined NHE in August 2001 and served as its sales and lending executive, was suspended in September 2019 before being dismissed in December 2021 following disciplinary proceedings.
He was acquitted on nine charges but found guilty of insubordination and gross insolence.
Sankwasa said he has requested a report from the NHE board detailing how much the case has cost the government in legal fees.
“This case has been running for five years now, and I have asked for a report on how much the government has spent on legal costs on this particular case - from the very beginning when the case started at disciplinary hearing level up until now,” Sankwasa said.
No guarantee
Among the allegations against Titus was that he failed to issue invoices for property sales at Ongwediva, which allegedly cost the enterprise N$10.4 million.
He was also assigned to manage and supervise the construction and sale of houses at Ongwediva, but allegedly failed to do so.
Sankwasa said NHE board directors who wish to appeal the ruling should finance the process themselves.
“If the board, or anyone at NHE, wants to do an appeal, they must do it from their own pockets. Not taxpayers money. You see, when you appeal, there is no guarantee you will win the case - but legal fees will always be paid,” Sankwasa explained.
Legal costs linked to the matter have been mounting since Titus’ suspension in 2019.
The court ordered that, should NHE opt not to reinstate Titus, it must pay compensation of N$8 million.
The judgment directed that Titus be reinstated to the position he occupied before his dismissal, or to a comparable role within the state-owned housing enterprise.
“The arbitrator's award upholding the sanction of dismissal is hereby set aside.
“The appellant is reinstated to the position he occupied at the date of his dismissal, alternatively to such comparable position as the respondent may reasonably determine, provided that the terms and conditions are no less favourable than those applicable at the date of dismissal.
“The reinstatement shall operate from the date of his dismissal on 6 December 2021,” the court order reads.
NHE deputy board chairperson, Hasting Tjipueja, said that the matter is internal, and cannot be discussed in public.
“It is true that the matter has taken a long time. But I really cannot comment on this. What I can say is that we have not yet made a formal decision at this point in time,” Tjipueja said.
