Investigation clears ex-Walvis Bay Corridor boss of sexual harassment…company confused over employment status of complainant

Justicia Shipena

The Walvis Bay Corridor Group (WBCG) has asked one of its employees to clarify whether she has resigned or is still employed at the organisation.

This comes after an independent investigation found no evidence to support allegations she made against senior management.

The instruction is contained in a letter dated 24 November 2025 from acting chief executive officer Edward Shivute.

The letter is addressed to project officer Verna Tjivera.

Shivute said the organisation is still unsure of her [Tjivera’s] employment status, even though she is on the payroll.

WBCG, he said, commissioned an independent investigation into her case, which concluded on 18 November 2025.

The investigators concluded that there was insufficient evidence to establish a prima facie case.

Shivute said confusion over her employment status remains because of how she communicated her departure.

He said that in late 2024 she verbally indicated she would resign.

He said her lawyer later sent a letter that mentioned a resignation but did not clearly state that she intended to resign.

Instead, the lawyer argued that she had been constructively dismissed.

Shivute said the organisation cannot determine whether she is still an employee because resignation is required for a claim of constructive dismissal.

WBCG gave Tjivera 48 hours to confirm in writing whether she still considers herself employed or whether she has resigned.

The letter warns that if she does not respond, the organisation will regard her previous verbal statements and her lawyer’s letter as confirmation that she resigned in November 2024. Shivute said the company denies any constructive dismissal.

Investigation findings

A 31-page disciplinary investigation report in possession of the Windhoek Observer gives more detail about the dispute.

The investigation was conducted by Köpplinger Boltman Legal Practitioners after Tjivera accused former chief executive officer Mbahupu ‘Hippy’ Tjivikua and logistics manager Gilbert Boois of sexual harassment, bullying, victimisation and constructive dismissal.

The report is based on interviews, audio recordings, documents and the complaint she submitted on 22 November 2024.

Investigators found there was not enough evidence to support her allegations. They found contradictions in Tjivera’s statements, limited corroboration, and no formal complaints lodged with the company or the police.

Her complaint included claims that Tjivikua phoned her mother, insisted she address him as ‘Tate’, instructed her to write a report accusing Boois of incompetence and removed her from a planned Japan trip.

She also accused him of touching her inappropriately during an event in Swakopmund.

Tjivera accused Boois of knocking on her hotel room door at night, making sexual comments and telling others she refused to sleep with him.

Investigators found no supporting evidence for these allegations and noted inconsistencies in her account. They found that the decision to remove her from the Japan trip was based on the requirements of the Japan International Cooperation Agency (JICA), which favoured long-serving employees.

The allegation of inappropriate touching was treated as the most serious claim.

The report notes that the former CEO’s wife was present that day, there were no witnesses and none of her 14 recordings referred to the incident.

The investigation confirmed misunderstandings at the organisation’s year-end function but said the parties involved apologised after the incident.

It found no intention to victimise her through receptionist duties or cooking tasks.

Workplace culture issues

The report also found that the organisation mishandled sick leave rules and may have misinterpreted its study leave policy.

The investigators describe a workplace marked by poor communication, mistrust, tension and unclear management practices. The conversations recorded showed staff expressing fear, dissatisfaction and frustration.

The report recommends that the organisation counsel Boois for inappropriate conduct, retrain human resources on labour law requirements, review the study’s leave policy, and correct possible leave calculation errors.

The findings now intersect with the unresolved question of whether Tjivera is still an employee. The Walvis Bay Corridor Group says it must establish her status urgently because she has been absent from work while remaining on the payroll.

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