Namra employee on two-year suspension threatens legal action over delay despite misconduct ruling

A Namibia Revenue Agency (Namra) employee suspended for alleged misconduct is threatening legal action over the agency’s delay of her case.

The Windhoek-based employee has been on paid suspension for two years.

Namra senior human resources officer Ndamonoghenda Nampweya was suspended on suspicion of nepotism and forgery.

Diaz Kavu, who represents Nampweya, says Namra’s management is misusing public funds to pay their client.

“It must be placed on record that public funds are being misappropriated by Namra’s management to remunerate our client, who has been on suspension for two years,” he says.

Nampweya was suspended in 2023 pending a formal investigation and was charged with misconduct by the chairperson of the disciplinary committee.

Kavu said the chairperson recommended a final written warning rather than dismissal as the appropriate action.

“This recommendation was made in September 2024. Despite its binding nature, Namra has unlawfully failed to reinstate the client to date,” he said.

Kavu said a formal demand for Nampweya’s immediate reinstatement has been submitted, but Namra commissioner Sam Shivute has failed to respond to any requests.

“. . . which amounts to a dereliction of duty by a public office-bearer,” he said.

Should Namra fail to comply, Kavu threatened that legal proceedings would be instituted before the Labour Commission, including an application for an order compelling compliance with chairperson Harrison Kavikairua’s ruling.

NO DECISION TAKEN

Shivute says Kavikairua’s recommendations are only recommendations and no decision has been taken.

“No decision has been made, and, as indicated, we will engage our staff with any progress in this regard,” he said.

Shivute said thorough investigations will be carried out.

“Namra and the mentioned staff member have an employer-employee relationship, which details are best not discussed publicly,” he said.

INVESTIGATIONS

Namra’s internal investigation report released on 16 January 2024 found the identity (ID) documents of an applicant linked to Nampweya suspicious.

Namra investigator Fillimon Nyau says it was found that Nampweya had allegedly omitted the surname of her husband’s relative on the applicant’s ID document due to her husband being denied a tender in the past.

“ . . . leaves a sole reasonable conclusion that the surname Nampweya was deliberately omitted and well orchestrated to avoid a similar rejection,” he says.

Nyau claims Josephine Nampweya, a relative of Nampweya’s husband, benefited from Nampweya’s corrupt use of her position as an official.

He says Nampweya had violated the Anti-Corruption Act.

He claims Nampweya dishonestly exploited her position to satisfy her own desires and benefit Josephine Nampweya, a relative of her ex-husband.

Nampweya illegally gave Shivute information from an authorised officer that she knew was a copy of a forged ID document.

Therefore, a criminal case could be filed, Nyau says.

WHAT USE IS A RECOMMENDATION?

After the disciplinary hearing, Kavu said the chairperson gave a directive to provide mitigating and aggravating circumstances in a letter dated 8 September 2024.

He said the investigation was concluded on 16 January 2025 with a recommendation for Nampweya to be charged and given a final warning.