Hertta-Maria Amutenja
The recent decision by the Labour Commissioner to deregister seven trade unions and one employers’ organisation has left workers and employers in a state of uncertainty.
Daniel Imbili, president of Namibia Fishing Industries and the Fisherman Workers Union (NFI and FWU), expressed concern over the implications of the deregistration.
“Labour cases of union members are now left hanging in the air unless the companies and perhaps the Labour Commissioner grant us permission to complete the cases. The major issue here is one never knows who their friend or enemy is,” he said.
Imbili also stated that the union received the deregistration letter from the Trade Union Congress of Namibia (Tucna) with a delay, hindering their ability to seek an extension.
“We could have asked for an extension from the Labour Commissioner as we have previously done, and maybe then we would still have been registered. After receiving the letter, we paid an auditor, hoping to get an extension from the Labour Commissioner, but we failed,” Imbili added.
Imbili emphasised the financial struggles the union faced, stating that the unions only operated on members’ contributions.
“We had also requested from Tucna if we could come up with a strategy where multiple unions are audited by one auditor at once to save money. However, they sat on that request. We don’t get funding from anywhere besides the members’ contributions, and auditing fees can go up to N$100 000,” said Imbili.
The Windhoek Observer also learned that Imbili is busy registering a new union known as the Namibian Fishing Industries and Allied Workers Union.
The union is to represent workers in the fishing, marine, wholesale, and retail sectors.
The application was submitted to the Labour Commissioner’s office on 28 April.
In the application, Imbili, who is also mentioned as the president, claims that the union has 2500 members.
Acting Labour Commissioner, Emma Nikanor explained that the deregistration was due to these entities’ failure to submit their annual returns within the stipulated time frame, despite prior warnings and repeated reminders.
“Despite prior warnings issued to non-compliant entities late last year, followed by repeated reminders, a significant number failed to adhere to the requirement of submitting annual returns. Consequently, the Labour Commissioner was left with no choice but to cancel the registrations of the aforementioned non-compliant entities,” said Nikanor.
The deregistered unions and employers’ organisations are no longer authorised to represent employees or employers in labour matters.
The secretary general of the Namibia Bus and Taxi Association, Pendapala Nakathingo, described the deregistration as an administrative error from the Labour Commissioner’s office.
“We are currently busy rectifying the issues. However, all I can say is that it was an administration error from the Labour Commissioner,” said Nakathingo.
Michael Akuupa, Director of the Labour Resource and Research Institute (LaRRI), clarified last month that a union’s deregistration results in its members losing workplace representation and invalidating any existing recognition agreements.
“This situation leaves both employers and employees in a state of uncertainty, as there is no formal legal framework to address workplace issues,” Akuupa said.
He also noted that the Labour Act offers solutions for unions facing deregistration, such as compliance orders that allow unions to correct their status. However, he warned that failing to comply could result in further consequences.
Candidate Legal Practitioner Sam-Leon Nakantimba stated that members might find it difficult to negotiate effectively with employers or address grievances without the support and infrastructure of a recognised union.
“This situation can weaken workers’ rights and protections and lead to a loss of solidarity among employees,” Nakantimba said.
He noted that the immediate consequences include the loss of legal recognition, which removes the unions’ juristic personhood status and associated rights under the Labour Act.
“This effectively nullifies the unions’ abilities to represent members in legal matters, negotiate collective agreements, and participate in dispute resolution processes,” he explained.
Nakantimba further commented on the broader implications for the labour movement.
“Deregistration could fragment the labour movement, as members may seek alternative representation or form new unions. This fragmentation could weaken the collective voice of workers and reduce their ability to achieve favourable outcomes in collective bargaining agreements,” he said.
He added that an employer organization’s deregistration could affect employers’ ability to engage in collective bargaining with workers’ representatives.
“Without a recognised counterpart, negotiations over wages, working conditions, and other employment matters may become more challenging and contentious,” he said.
