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<\/p>\nThe Namibian Employers Federation (NEF) has warned that a draft bill to establish a commission on alternative dispute resolution could open the door to political intervention in labour disputes.<\/p>\n
The draft alternative dispute resolution bill creates a new independent commission, introducing new procedures for labour disputes.<\/p>\n
The bill also allows the minister of justice and labour relations to direct the commission to conciliate any dispute deemed to be in the national interest.<\/p>\n
NEF president Elias Shikongo says the provision could be useful in exceptional circumstances, but could also invite unnecessary political involvement in workplace conflicts.<\/p>\n
\u201cIf interpreted too broadly, it could open the door to arbitrary or even political intervention in labour disputes, which is a fine line that should not be crossed,\u201d he says.<\/p>\n
\u201cWe have already seen situations where the current minister becomes actively involved in workplace disputes. <\/p>\n
While ministerial engagement may sometimes help facilitate dialogue, such involvement should ideally occur only where both the employer and the employees consent to it.\u201d<\/p>\n
Minister of justice and labour relations Wise Immanuel recently acted as a mediator in the dispute between food manufacturer Namib Mills and its workers, as well as in a labour dispute at mining contractor Beifang Mining Technology.<\/p>\n
Shikongo also raises concerns over a new commission being able to issue rules and regulations at a later stage, causing uncertainty for employers.<\/p>\n
He says although the NEF was invited to stakeholder consultations, the invitation came late and undermined the legal requirement of meaningful engagement.<\/p>\n
Trade unionist Petersen Kambinda, who represents Namib Mills workers in their current industrial action, says he welcomes the new bill.
\u201cExtending the powers to the minister is long overdue. <\/p>\n
When something is of national interest, the minister needs power to intervene and provide leadership,\u201d he says.<\/p>\n
Kambinda says his union had been part of stakeholder consultations from the very beginning and that Naretu will continue to take part in consultations.<\/p>\n
He says there were still many issues to work out and that the Namibia Revolutionary Transport and Manufacturing Union would be presenting its submission this week.<\/p>\n
\u201cWe have reservations. What happens if we have a minister who is a sell-out? In its current format, there are still many loopholes,\u201d Kambinda says.<\/p>\n
Labour analyst Herbert Jauch says the term \u2018national interest\u2019 would need to be clearly defined in the bill.<\/p>\n
\u201cHowever, the section refers only to mediation, which means both parties still need to agree to a solution. <\/p>\n
Unlike in the case of arbitration, a mediator cannot determine the outcome of a conflict. <\/p>\n
The mediator has to reach agreement between the parties to the dispute,\u201d he says.<\/p>\n
The labour ministry did not respond to requests for comment.<\/p>\n
In addition to the establishment of the new commission, the bill specifies rules for the funding and administration of the commission, as well as its powers.<\/p>\n
It also proposes new registration rules and regulations for trade unions and employer\u2019s organisations.<\/p>\n
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