Independent labour dispute body to restore trust

Namibia’s labour dispute system fails to inspire public confidence due to “blurred independence", raising serious concerns about fairness and efficiency in resolving workplace conflicts.

This according to Paavo Amunjela, deputy chairperson of the technical working group (TWG) overseeing the proposed Commission for Alternative Dispute Resolution (CADR), during a regional stakeholder consultation in Rundu.

He highlighted that the Office of the Labour Commissioner’s placement under the justice and labour relations ministry, combined with reliance on ministerial administrative and financial systems, has created doubts about its neutrality.

Amunjela said the office’s current structure as a division within a ministry creates challenges in service delivery and perception of neutrality.

“Members of the public have questioned whether decisions taken by the office are entirely free from influence,” Amunjela said, noting that lengthy case delays, unresolved disputes and limited staffing have further fuelled concerns that employees and employers may not receive timely or impartial labour justice.

Established under the Labour Act 11 of 2007, the Office of the Labour Commissioner is responsible for registering trade unions and employer organisations and for conciliation, mediation and arbitration of labour disputes.

“It’s not very clear whether there is independence or not when you sit under a ministry,” he said.

He added that high caseloads and staff shortages often result in prolonged disputes, sometimes stretching over years and causing financial and personal strain on employees.

No alternatives

Namibia lags behind regional counterparts in establishing autonomous alternative dispute resolution bodies.

South Africa, Eswatini, Lesotho and Tanzania operate independent mechanisms outside the public service, while Botswana enacted similar reforms last year.

“Namibia sits in the red because we are slightly behind,” Amunjela said, citing recommendations from the International Labour Organisation and the Southern African Development Community framework.

The proposed CADR Bill, approved by Cabinet for consultation, seeks to establish the commission as an independent juristic entity with powers to issue enforceable awards, subpoena parties, impose penalties for non-compliance and oversee trade unions and employer federations.

A governing board composed of representatives from government, labour and independent members would provide strategic oversight, while a fixed-term executive commissioner would ensure operational independence and merit-based leadership. Transitional provisions will move current functions from the labour commissioner’s office without disrupting ongoing services.

Clear standards and guidelines

Amunjela emphasised that the reforms aim to professionalise arbitration, conciliation and mediation services, improve governance, and restore public trust.

Clear timelines for dispute resolution and strengthened enforcement mechanisms will tackle the backlog of unresolved cases. “Operational excellence, efficiency and fairness are central. Specialised training, better recruitment processes and cybersecurity safeguards will ensure timely and impartial outcomes,” he said.

The CADR will also improve accessibility across the country, ensuring that employees and employers understand and can access alternative dispute resolution mechanisms.

“At times, people ask, ‘What is an arbitrator?’ This shows how inaccessible services are. The commission will bring services closer to the people while maintaining fairness and independence,” Amunjela noted.

If enacted, the CADR Bill would represent the most significant reform in Namibia’s labour justice framework since the Labour Act of 2007. It will separate alternative dispute resolution functions from ministerial oversight, align Namibia with regional peers, enhance governance, and ensure disputes are resolved quickly, efficiently, and fairly.