Minister orders Walvis to pay guards directly from contractor’s invoice

Labour minister Wise Immanuel has directed the Walvis Bay Municipality to deduct more than N$1.1 million owed to security guards employed by Bertha Security Services CC — the firm contracted to provide security at municipal facilities — and pay the workers directly from the company’s next invoice.

The instruction marks a decisive intervention in a long-running dispute over unpaid overtime, ensuring immediate relief for guards who had raised concerns about prolonged underpayment.

In a written directive, Immanuel rejected the company’s proposal to settle the arrears in instalments over six months. “The company, following my intervention earlier this month, wrote to the municipality proposing to pay the money owed to the workers over six months. This I have rejected,” the minister told Namibian Sun yesterday.

He added that the municipality had committed to comply with the directive “in a patriotic and progressive manner,” with the next payment to Bertha Security earmarked to cover the owed salaries. “I directed the municipality to deduct money owed to the workers from the next invoice and pay the workers directly,” Immanuel said.

Documents seen by Namibian Sun show the dispute stems from overtime underpayments recorded between January and December 2025. A reconciliation submitted to the Ministry of Justice and Labour Relations details individual shortfalls based on hours worked and corrected overtime rates.

According to the breakdown, about 30 current employees are owed approximately N$417 000, while 56 former employees are due roughly N$694 000, bringing the total to around N$1.11 million.

Bertha Security Services initially proposed a phased repayment plan, citing operational constraints. In its submission, the company said the offer was made “without admission of liability” and in an effort to resolve the matter amicably and avoid protracted legal proceedings. The firm also requested that employees refrain from issuing tax invoices, noting that the settlement would be treated as back pay rather than a commercial transaction.

The dispute highlights longstanding concerns over overtime compensation for security guards stationed at municipal facilities. Spreadsheets attached to the submission detail individual calculations for affected workers, including hours worked, amounts previously paid, and revised totals owed.

It remains unclear whether employees or their representatives had accepted Bertha Security’s proposal. The Labour Commissioner was expected to facilitate engagement between the parties to determine whether a settlement would be finalised or escalated to formal arbitration.

However, the minister’s directive effectively bypasses that process, compelling immediate settlement through deductions from public funds due to the contractor. The municipality has since signalled its readiness to comply, clearing the way for payments as soon as the next invoice is processed.

The move has been welcomed by labour activists, who say it sets an important precedent for ensuring that workers’ rights are protected, even when contractors face financial difficulties. Many affected guards have reportedly expressed relief that the dispute, which had caused months of uncertainty, could now be resolved promptly.

Immanuel’s intervention demonstrates the ministry’s willingness to use regulatory and oversight powers to safeguard workers’ rights in cases where contractual arrangements and operational difficulties may otherwise delay payments.