Justicia Shipena
Dismissed senior Roads Authority (RA) executives have accused the institution of failing to follow its own disciplinary procedures.
The duo is challenging their dismissal in the High Court.
Johann Ludwig Boois and Richard Masule Milinga argue that the process leading to their dismissal in February was flawed and unlawful.
They want the court to review and set aside the outcome and reinstate them while the case is being heard.
Court documents show that the disciplinary chairperson found them guilty on 25 November 2025.
The written judgement was only shared on 20 January, almost two months later.
The parties met on 5 and 6 February to present mitigating and aggravating factors. The chairperson then imposed dismissal on 23 February.
Boois and Milinga filed their appeal the next day.
They say RA failed to process the appeal properly. They claim no independent chairperson was appointed within the required time and that the appointment that followed did not comply with internal rules.
They also argue that the appeal hearing was not held within the prescribed period and was handled by someone without authority.
The application raises claims of interference. The two executives say the employer pressured the chairperson during the process and set deadlines to finalise the case.
They argue that this affected the fairness of the outcome.
The two are seeking urgent relief. They want the court to stop the appeal process and prevent RA from enforcing their dismissal while the review is ongoing.
The case is linked to allegations of a N$16 million procurement irregularity involving law enforcement vehicles.
RA accused Boois, executive officer for transportation and Milinga, divisional manager for the transport inspectorate, of wrongdoing in the procurement process.
Boois has rejected the allegations and said the process was based on incorrect facts.
According to court documents, the transport inspectorate division requested the purchase of vehicles through the procurement committee.
While the project was valued at N$16 million, only N$6 million was available at the time.
The submission outlined which vehicles would be covered by the N$6 million, with further purchases dependent on savings.
The division did not claim to have N$16 million available.
It also stated that the N$6 million came from savings already approved by the finance department and the Road Fund Administration (RFA).
The vehicles were later leased through Avis under an existing contract at a cost of about N$5 million over four years.
The duo claimed that RA did not suffer any financial loss. Documents show that witnesses during the disciplinary hearing said the process followed guidance from the finance department, procurement unit and procurement committee.
They also argue that RA spent large amounts on external lawyers to run the disciplinary process.
Boois and Milinga have appealed both the findings and the sanctions. They argue that the chairperson committed procedural errors that affected the outcome of the case.
The court will now decide whether the disciplinary process was conducted lawfully and whether the dismissals should stand.
