High Court sends Negonga, Iita packing

The High Court yesterday dismissed an application seeking to re-instate former Gender Ministry Permanent Secretary Erastus Negonga and his Agriculture counterpart Joseph Iita. The two wanted their jobs back after their contracts were terminated last month. Judge Esi Schimming-Chase said in her ruling that she does not have the jurisdiction to grant an interdict order on an urgent basis, except when a dispute has been launched in terms of the provisions of the Labour Act, which Negonga and Iita had not done. “Even if the Labour Court has jurisdiction to hear the review, that jurisdiction relates to review proceedings launched in normal course,” Schimming-Chase said. She further stressed that the Labour Act created a specific forum for the resolution of labour disputes for all employees, whether employed by the State or not. “Parties to a dispute are bound by the restrictions contained in their choice of forum,” she said. Negonga and Iita were given notice that their contracts would be terminated on September 11 last year, culminating in the decision to terminate their employment on April 2. Schimming-Chase said Negonga and Iita had not proceeded in terms of Chapter 8 of the Act and rather approached the High Court. “In my view Section 117(1) (e), concerning rules of the Labour Court, created the clear provision that urgent matters, including an urgent interim order, can only be granted once a Chapter 8 dispute is lodged.” She said the legislation was intended to be enable employees to obtain urgent re-instatement in the interim, in instances where the labour dispute involves procedural irregularities or non-compliance with legislation. Schimming-Chase said she is bound by the restrictions contained in the provisions of the Act with regard to an urgent order. She added that the application was not urgent. “The applicants can obtain substantial redress at a hearing in due course, in terms of the provisions of the Labour Act,” she added. She said a satisfactory alternative remedy available to Negonga and Iita is to register a dispute in terms of Chapter 8 of the Labour Act and seek an order contained in the provisions of the said Act. WINDHOEK FRED GOEIEMAN