Church fails in high court bid
The Christian Congregation of Jehovah's Witnesses of Namibia failed to appeal a decision by the Social Security Commission to not deregister them as an employer.
The Windhoek High Court dismissed the appeal of the Jehova Witnesses Namibia against the refusal of the Social Security Commission (SSC) to deregister it as an employer at the close of last week.
Acting High Court judge Petrus Unengu ruled that the Christian Congregation of Jehova Witnesses of Namibia is a registered Section 21 Company (an association not for gain) and is accordingly incorporated under the laws of Namibia.
“The Jehova Witnesses of Namibia should not be afforded a 'get-out-of-jail- free card' just because it is doing the work of God,” Unengu emphasised.
The church had filed an appeal in terms of the Social Security Act against the decision of the commission 26 March last year not to deregister it as an employer.
They wanted the court to set aside the decision and grant an order against the SSC to deregister them. The church also wanted an order to deregister the members of the Worldwide Order of Special Full-Time Servants of Jehova Witnesses performing religious work for them.
Unengu said that the court, after a survey of different Namibian statutes dealing with employment relationships in Namibia and the looking at the law, ruled that the Social Security Act does not provide for deregistration of employers once registered as such.
“Nor does the Act exempt entities from liabilities provided in the Act,” he added and dismissed the appeal.
The grounds of the appeal were that the SSC failed to take into account the decision from the Employment Equity Commission that the appellant is not an employer for purposes of Affirmative Action (Employment) Act which contains a definition of an employer virtually identical to the one of the Social Security Act and the Labour Act, as amended.
“The decision of the SSC to reject the church's request to be deregistered as an employer was correct and unassailable, considering the definition of 'an employer' in the provisions of both the Social Security Act and the Labour Act,” Unengu said.
He added that the decision of the Equity Commission is not applicable and thus not relevant to the decision of the SSC.
Unengu further said church group is seeking to avoid and evade the provisions of the Social Security Act.
According to him such attempt will have an effect of depriving the employees of the church of benefits in terms of and under the Social Security Act, including the maternity leave, sick leave and death benefits and future benefits such as the medical and pension benefits to be established in terms of the Act, as well as employees' compensation for injuries at work.
“The employees are entitled to the mentioned benefits and future benefits by the operations of the Social Security Act,” he emphasised.
He added that should the church evade the registration of its employees, it will also evade the prescribed contributions towards various funds established under the Social Security Act and the Employees' Compensation Fund.
The judge said the SSC is not empowered by the Social Security Act nor any other legislation to exempt or waive the requirements of the Act from any employer.
FRED GOEIEMAN
Acting High Court judge Petrus Unengu ruled that the Christian Congregation of Jehova Witnesses of Namibia is a registered Section 21 Company (an association not for gain) and is accordingly incorporated under the laws of Namibia.
“The Jehova Witnesses of Namibia should not be afforded a 'get-out-of-jail- free card' just because it is doing the work of God,” Unengu emphasised.
The church had filed an appeal in terms of the Social Security Act against the decision of the commission 26 March last year not to deregister it as an employer.
They wanted the court to set aside the decision and grant an order against the SSC to deregister them. The church also wanted an order to deregister the members of the Worldwide Order of Special Full-Time Servants of Jehova Witnesses performing religious work for them.
Unengu said that the court, after a survey of different Namibian statutes dealing with employment relationships in Namibia and the looking at the law, ruled that the Social Security Act does not provide for deregistration of employers once registered as such.
“Nor does the Act exempt entities from liabilities provided in the Act,” he added and dismissed the appeal.
The grounds of the appeal were that the SSC failed to take into account the decision from the Employment Equity Commission that the appellant is not an employer for purposes of Affirmative Action (Employment) Act which contains a definition of an employer virtually identical to the one of the Social Security Act and the Labour Act, as amended.
“The decision of the SSC to reject the church's request to be deregistered as an employer was correct and unassailable, considering the definition of 'an employer' in the provisions of both the Social Security Act and the Labour Act,” Unengu said.
He added that the decision of the Equity Commission is not applicable and thus not relevant to the decision of the SSC.
Unengu further said church group is seeking to avoid and evade the provisions of the Social Security Act.
According to him such attempt will have an effect of depriving the employees of the church of benefits in terms of and under the Social Security Act, including the maternity leave, sick leave and death benefits and future benefits such as the medical and pension benefits to be established in terms of the Act, as well as employees' compensation for injuries at work.
“The employees are entitled to the mentioned benefits and future benefits by the operations of the Social Security Act,” he emphasised.
He added that should the church evade the registration of its employees, it will also evade the prescribed contributions towards various funds established under the Social Security Act and the Employees' Compensation Fund.
The judge said the SSC is not empowered by the Social Security Act nor any other legislation to exempt or waive the requirements of the Act from any employer.
FRED GOEIEMAN
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