Immanuel threatens action over labour reform delays

Justice minister Fillemon Wise Immanuel has warned members of the Labour Advisory Council and the Employment Equity Commission that they risk removal from their positions if they fail to fulfil their responsibilities.

He attributed delays in reforming Namibia’s labour laws to poor meeting attendance and a lack of accountability.

Immanuel said amendments to the Labour Act, which began in 2016, and the Affirmative Action (Employment) Act, initiated in 2017, remain unfinished, with the processes now approaching a decade.

He said the delays were unacceptable and members of the statutory bodies must take responsibility for ensuring that the reforms are completed.

“If you would not rate to stay on any of these boards now, please communicate graciously and say, ‘You know what, Hon. minister, I’m not up for this task’,” Immanuel told newly appointed members.

He was speaking in Gobabis on Monday during the inauguration of the 16th Labour Advisory Council and new members of the Employment Equity Commission.

The minister said he was informed that members frequently failed to attend meetings, while those who attended sometimes addressed issues that had already been settled. He said he also struggled to obtain clear explanations about who authorised members’ absences, how apologies were submitted and who determined whether reasons for missing meetings were acceptable.

“The law makes absence without permission or without probable cause a ground for removal, yet no procedure exists to apply it,” he said.

Immanuel said he would engage the chairpersons of the statutory bodies to ensure that all apologies for absence, together with reasons, were submitted in writing.

He questioned how the bodies expected to complete important legislative reforms when members were not consistently attending meetings and fulfilling their responsibilities.

The minister also raised concerns about the Labour Advisory Council’s failure to produce annual assessment reports required under Section 93 of the Labour Act.

The council is legally required to investigate and advise the minister on issues including collective bargaining, workplace health, safety and welfare, the impact of labour laws on employment and the country’s readiness to implement matters arising from the International Labour Organisation. It must also assess the performance of the dispute prevention and resolution system administered by the Office of the Labour Commissioner and submit annual reports to the minister. Immanuel said, when he asked to see the reports containing the council’s investigations and recommendations, he was informed that they were not available.

He said the failure to produce the reports, coupled with poor attendance, raised questions about whether the council was fulfilling its legal mandate.

“These protracted delays deny Namibian workers and employers the modern labour law they deserve, and they cannot continue,” he said. Immanuel said Namibians demand accountability and results from government institutions rather than repeated explanations for why work had not been completed.

“Wherever I travel in this country to resolve labour and justice matters, Namibians demand accountability. They want results, not explanations, and they do not want to hear that we are ‘looking into it’,” he said.

To accelerate the reforms, the minister proposed bringing together the Labour Advisory Council, Employment Equity Commission, Employment Services Board and ministry management for a retreat to discuss the outstanding legislative amendments.

He said all three statutory bodies had a role to play in the reform process and should contribute towards ensuring that the amendments were concluded without further delays. Immanuel further called on the newly appointed members to take their appointments seriously.

He said membership of statutory bodies require active participation, sound judgement, commitment and accountability.

He said the country’s employment structures continued to reflect historical inequalities and discriminatory practices, requiring deliberate action from government, employers and trade unions.

He urged the members to place national interests above individual and institutional interests and ensure that their work was guided by the law.

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