EDITORIAL: The state has all the cards in labour and procurement matters

Throughout its existence, the Namibian government has held the upper hand – ‘the cards’, to borrow from Donald Trump’s playful vocabulary – in labour and procurement matters. Yet it has too often failed to fully exercise this leverage, particularly when it comes to enforcing labour laws.

Labour minister Wise Immanuel’s extraordinary standoff with Bertha Security Services CC is a rare example of the state using its power decisively. Immanuel alleges that the company is violating the laws of the very state it makes its money from by failing to pay its guards the legally mandated national minimum wage.

Too often, compliance is reduced to routine box-ticking – such as securing a social security good-standing certificate – while issues that directly affect workers’ livelihoods are treated as secondary. Yet there is nothing peripheral about a father who spends a bitterly cold night guarding the assets of the wealthy, only to return home unable to show up even with a loaf of bread because his employer has flouted the law.

While Immanuel’s ‘bulldozer’ approach has raised legitimate questions about ministerial authority, as well as proper systems and processes, many Namibians recognise the principle behind his bold intervention.

That said, the rule of law must remain paramount. If Immanuel is to enforce compliance, he must do so within the bounds of the law himself. Lawful ends cannot be achieved through unlawful means. To avoid ambiguity and ensure legitimacy, the minister must clearly and consistently identify the specific legal provisions underpinning his actions.

Above all, the expectation is clear – that the state, as custodian of national resources, must wield its power responsibly and decisively. Only those who respect its laws, fully and without exception, should be entrusted with the privilege of doing business with the Namibian people through their government.