Katima Mulilo Council Terminates Acting CEO's Contract Over Legal Dispute

The Katima Mulilo council has terminated the employment contract of the acting chief executive, Marina Kandumbu. Kandumbu, a former member of parliament, was appointed as town administrator in September last year by the minister of urban and rural development, James Sankwasa, following the dissolution of the council. His term as administrator ended when the new councillors were sworn in during early December last year. Sankwasa then appointed her as acting chief executive on 22 December to serve until 28 February. The appointment is inconsistent with Section 27(4) of the Local Authorities Act of 1992. This section vests the acting authority in the councillors who are members of the management committee. It states: “When the chief executive is absent or unable to exercise his or her powers or perform his or her duties or functions or the office of the chief executive is vacant, power and functions of the chief executive shall be exercised or performed by a staff member of a local authority council designated by the management committee or village council, as the case may be, for that purpose.” Sankwasa, meanwhile, has described the suspension of Kandumbu as tribal. “We have tribal issues in this country and you find if a person from the Zambezi region from another tribe is appointed among people from other tribes, they will make up stories, unfounded and whatever. For now, I have heard of it but it is my duty to deal with it,” he says. “The person has the capacity and that has been acknowledged by the residents. When the residents alerted me about this, I said let me understand it better so I will get involved in it from tomorrow (Monday),” Sankwasa said on Sunday. On 13 January this year, Kandumbu wrote to the council threatening to take legal action after the council took a decision to withdraw her appointment as the town council’s acting chief executive. In the letter she describes the council’s decision as unlawful, procedurally unfair and based on incorrect information. “In the absence of any stated requirement or condition, it was reasonable and lawful for me to proceed on the understanding that the appointment had taken effect as communicated,” she says. Kandumbu also addresses concerns regarding her health, saying the mayor was fully aware of her medical condition. “He engaged me directly regarding my health and continued to consult me on official council matters during the period in question,” she writes. Kandumbu further disputes claims that she failed to participate in, or showed disinterest in, the ongoing legal proceedings involving the suspended chief executive, Raphael Liswaniso. She says she has been in continuous consultation with a legal practitioner and communicated almost daily, describing allegations of non-cooperation as false and misleading. “I emphatically reject the allegation that I lack interest in serving the council,” she writes. Contacted for comment on Sunday, Kandumbu said the matter has since been resolved. Katima Mulilo mayor Kabende Kabende could not comment on the article on Sunday, as he said he was in a meeting. On Monday he sent a text message noting that he was unable to talk.