Allexer Namundjembo
The Namibian Broadcasting Corporation (NBC) has taken parliament to court over a report it claims is unconstitutional and flawed.
The report, titled ‘Report of the Motion on Devastating Strike at the Namibian Broadcasting Corporation (NBC),’ was tabled in parliament on 15 February by the Parliamentary Standing Committee on Human Resources and Community Development.
It identified the main cause of the 2021 strike by 600 employees as the N$5.4 million paid to executive management and selected senior managers as “performance bonuses.”
The committee also found that NBC violated the Labour Act, which limits salary deductions to one-third of an employee’s net income.
The committee further found that the Ministry of Information and Communication Technology and NBC were reluctant to find a lasting and amicable solution to the strike.
NBC Director General Stanley Similo filed an affidavit with the High Court on Friday, seeking to have the report reviewed and set aside.
The respondents include the Speaker of the National Assembly, the Chairperson of the Parliamentary Standing Committee, its members, and the Secretary of the National Assembly, though no specific relief is sought against the latter.
Similo argued that the committee disregarded NBC’s submissions.
“The report fails to take into account the representations made by the NBC during the meetings held in 2022 and 2023, which were made in good faith,” said Similo.
NBC claims the committee ignored crucial information, leading to biased and irrational conclusions.
One key issue is the committee’s recommendation that NBC reimburse employees for salary deductions related to the 2021 strike.
The present decision contradicts a June 2022 arbitration ruling that found the deductions lawful.
“The recommendation to reimburse employees directly contradicts a legally binding arbitration decision. The committee ignored the rule of law and the constitutional separation of powers.”
According to Similo, the report also inaccurately claimed that NBC implemented a new pay structure, Total Cost to Company (TCTC), after the strike.
“The TCTC was introduced in 2012, almost nine years before the strike occurred. The committee’s report misrepresents this fact, and they failed to seek clarification from us before finalising their findings,” he asserts.
Additionally, the report makes sweeping recommendations about the reversal of policies and reinstatement of employees, which NBC contends is legally unfounded.
The NBC is also contesting the committee’s recommendations to reverse policies and reinstate employees, arguing that such actions fall outside the legislature’s jurisdiction.
“The legislature is overstepping its bounds, interfering with matters that are clearly within the purview of the executive and the judiciary,” said Similo.
The report also alleged that NBC failed to report the theft of laptops from its finance department, claiming no police case was opened.
“The police were notified, and two case dockets were opened. The committee ignored this fact and presented false information,” he claims.
Another point of contention was the purchase of a vehicle for the Director General, which the report claimed cost N$1.9 million.
“The vehicle cost N$1.7 million, and I personally contributed N$500,000 to the purchase. The report misrepresents the facts and overlooks the details we provided,” said Similo.
Similo also highlighted procedural flaws, noting that NBC was not given a chance to respond to the committee’s preliminary findings before the report was finalised.
“The report was not only procedurally unfair but also violated our rights under Article 18 of the Namibian Constitution,” he says.
NBC’s legal team is now seeking to have the court set aside the report, which it argues is not only unconstitutional but also based on incorrect and incomplete information.
“The report is deeply flawed, and it undermines the rule of law. We are confident that the court will recognise these deficiencies and grant us the relief we seek,” said Similo.
Popular Democratic Movement (PDM) lawmaker Maximiliant Katjimune has criticised the case, stating that parliament reports are just recommendations.
“Parliamentary reports are just merely recommendations that lack enforceability, so I don’t know under what legal basis one takes a non-binding report to court,” Katjimune said.
