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Are Namibians being taken for a ride? PDF Print E-mail
Thursday, 05 July 2007 16:00
Dear Editor

Or they are portrayed as being stupid and illiterate by Samicor management.
This note serves to inform the Namibian nation and you in the ant corruption commission, Ministry of Labour, Ministry of Home Affairs and labour unions of what I believe to be unfair employment practices at Samicor.
I have been doing informal research on complaints I’ve received from employees in this company for the past six months and these are my findings.
As you might know, Samicor come into existence after the collapse of Namco, but its management remains almost the same.

This company seems to discriminate against Namibians when it comes to promotions and salaries. Since 2004 until today, there are no black Namibians in a supervisory capacity on any of its fleet of three vessels (the Kovambo, Explorer and Surveyor).

Those who enquired from the CEO about this are told that the Namibians are not suitably qualified to be appointed into supervisory positions, a statement which I think is void of any truth. They appoint fellow foreigners who, in many cases do not have any idea on what their responsibilities will be until they set foot on the vessel - just to be trained by the Namibians who are perceived to be unqualified.
The other disturbing news is that if they want to fire (dismiss) a Namibian, they simply send him to a Polygraph test and later the person will be informed that they failed the test. Why on earth do you polygraph someone whom you do no suspect of any crime?

Here are some practical examples:
Israelis are brought into the country under the pretext of being security consultants. These individuals are ordinary ex-Israeli soldiers who come to work as security supervisors - job that can be done by any ordinary Namibian.
Secondly, some of these have been promoted from the post of chief of security to the position of plant managers (2) and warehouse managers (2) in Lüderitz.

There is a similar situation with Ukrainians. These people are brought in to do any kind of job, even as plant operators. The irony of the matter is; here we have De Beers Marine (Namibia) forced to employ Namibians, but the government approves work permits for foreigners to come and do jobs that Namibians are qualified to do.
Salaries of whites and blacks in this company cannot be compared. When a black with the same rank as a white, it seems the white earns about N$18 000 (paid in US currency) while a black Namibian will earn N$8 000.
On top of their salaries, the Ukrainians get air tickets to and from Ukraine - paid for by the company - when the crews change. They get cigarettes and reading material allowances, while Namibians only have a flat salary - not even half of that of whites.

Early this year, they sold one of their vessels and about 55 people lost their jobs. The fellow whites who have lost their jobs during this retrenchment exercise are making their way back into the employment of the company. Even an ex- plant staff member from Ukraine is recalled to come back and become a shift supervisor (at Sakawe Explorer) while there are Namibians that are suitably qualified to take up this position. Remember this individual will be trained by the so-called unqualified Namibians.

I humbly appeal to the anti-corruption commission to look into the way the Israelis and Ukrainians get working permits to work in this country. They are offered one job and change to any job they want.
Secondly, in terms of permits, the Ministry of Home Affairs should be investigated. On what grounds they issue permit for foreigners to come and work here and take positions of Namibian?
Finally, if anyone is disputing these allegations, I have names and other proofs to substantiate these.
Until later!

Dissatisfied

 
Gambling: An evil of our society PDF Print E-mail
Thursday, 05 July 2007 15:59
Our government and it's nation is overlooking or looking at a certain evil through tinted glasses.
This evil is gambling.
I have traveled around almost all parts of our lovely country and entered most of the shebeens (although I do not drink any alcohol). What I observed was scary. All the shebeens I've entered were crowded with gambling machines. That made me realize that out developing nation needs serious rehabilitation.
Gambling in Namibia with its population of almost two million people is becoming a serious concern to me and some fellow-country men and -woman for the following reasons:
1. With our aim of achieving Vision 2030, professionals like teachers who are supposed to prepare their work, mark daily activities and encourage learners, are the people who are gambling day and night. They are loosing a lot of money and thus getting frustrated by the way they are loosing their incomes. This negatively affects the learner who now has to bear with an angry teacher. The results drop, parents are dissatisfied with the outcomes, and government wastes a lot of money on incompetent teachers.
2. Some nurses, police officers and other public servants turn to gambling more seriously than their official duties, which include taking care of the ill and vulnerable, protecting the community and being on guard to ensure the safety of the Namibian nation.
3. Some learners and parents also waste valuable time on gambling instead of studying or parents encouraging their children to prosper in their school work. This is because gambling machines are easily accessible to learners.
4. Some parents spend most of the their salaries on gambling hoping to strike it lucky once, but for how long do they want to keep on trying if all they do is break up their homes?
Therefore, taking gambling machines to the poor people and claiming it to be development, I perceive as destructive and contributes to poverty. Gambling is addictive, just like any drug, and should be fought against like we are fighting drug abuse; otherwise we will never achieve Vision 2030. The government should put in place stricter measures to reduce these machines and empower our nation with better ways of money-making.

Yours in national upliftment
Borniface M. Kabozu
 
Fake medical doctor ripping off patients PDF Print E-mail
Thursday, 05 July 2007 15:59
Dear Editor

Referring to the article dated 29 June 2007 on the above subject, I would like to get more clarification from Informanté and if it is possible to publish a picture of the fake medical Dr. Penny Iijambo, who is trying to benefit from other people.
My main purpose is to be aware if she is the one who was involved in the scam either in 2004 or 2005 when she acted as agent and lobbied Namibian citizens to sign up for jobs. I know only her face and the name that is Penny but I don’t know the surname.

The lady I am referring to had an office in the M&Z building, in WHK. She was inviting everyone who needed a job to be registered and to pay her a lot of money. As a result, no-one was recruited and her business closed down when the GRN/Police got involved.

As one of the victims, I have been waiting for the results on her court case but to no avail. However, for everyone to be aware and to abstain from her fake services, I think it is necessary to publish her picture and be aware that she is still benefitting from innocent people.

Concerned,
Tate-Taati
 
Does zebra representation work at VIP police section? PDF Print E-mail
Thursday, 05 July 2007 15:59
Dear Editor

Looking at the structure at the VIPP Division of the Namibian Police, it is questionable whether the zebra colour representation policy of the Supreme Commander of the police and the President of this country hold water.
Looking closely at the incumbents of the top command, they are occupied by Oshiwambo-speaking members since Independence. Of the nine Chief Inspectors there are only two occupied by non-Oshiwambo speakers. Of the twelve Inspectors at the VIPP Division, only one is a non-Oshiwambo speaker.
It is questionable whether there are no others than Oshiwambo speakers that can work at the VIPP Division. The division was recently reshuffled and the situation remains the same at the top levels of the department with the only three non-Oshiwambo speaking members, of which one was promoted, and the other two were brought in.
All these officers were recently introduced to the President, but there is no change till now. Regional Commanders of the thirteen regions include only three non-Oshiwambo speakers.
Mr. Inspector General, it’s time to wake up and see the typical appointments and promotions that you made recently through the Regional Commanders. Like Deputy Commissioner Abel who failed to run the Keetmanshoop Police Station as the station commander is appointed and promoted as the Regional Commander of such a big region.
By what are the capabilities of our senior officers measured if such simple issues cannot be seen. The commander of Special Field Force is more than sixty years old and is still in the force while he is so ineffective.

Concerned Officer

 
New Labour Bill should tackle key issues PDF Print E-mail
Thursday, 05 July 2007 15:58

Dear Editor

I am pleased to observe that parliament did not rush through the Labour Bill that is currently under discussion in Parliament. Since this Bill has wide-ranging implications on the social and economic life in this country, it is only prudent that it be properly scrutinised.
The Labour Act (1992) is obviously a toothless tool in protecting the rights of the poor workers.
I will further be pleased if parliament can extensively discuss the following issues:

1.    leave days and leave days’ payment
2.    severance payment
3.    physical abuse at work
4.    short-term contracts of employment
5.    labour hire practices
6.    small independent contractors
7.    proceedings of the disciplinary measures
8.    safe-keeping of the records of employees by the employers
9.    the powers of the labour inspectors or other very accessible enforcement agents, and
10.    accessibility of the labour courts.

1. Annual leave days and leave days’ gratuity
The current 24 days annual leave seems to be adequate. There is no need to extend such period of compulsory annual leave. The only need is to ensure compulsory enforcement. There are already many public holidays and some of these extend over two consecutive working days and into the weekends. It would not be economically viable for employers/businesses if annual leave days are to be increased. At the current GDP levels, a single extra day of a holiday is worth more than N$129 million of opportunity cost.
A provision should be added to the new (amended) Labour Bill that would allow an employer to pay out the employee half the annual leave days if the employee so wishes and let them work on at the normal pay rate while they take the other half of leave.

2. Severance payment
The current provisions of the Labour Act do not oblige employers to pay the employees severance pay when they resign or are fairly dismissed. Is it really fair to have employees work for 10 years and leave their job empty-handed?

3. Physical abuse
When employees are beaten by the employer or manager and they approach the labour inspector that employee would be told that such a violation is not a labour issue but rather a criminal offence. My argument is that the employer did beat the employee and hence it is a straight-forward case of unfair disciplinary action.
The dismissed employee ended up taking the three months’ money totaling a meager sum of N$2000.00 and dropping his otherwise justifiable claim of N$22 000 for assault at workplace and for which he had medical evidence.
Physical violence is the most undignified thing that can happen to someone at the place of work and should be put to an end by the provisions of the Labour Act.

4. Short-term employment
It has become a common practice in Namibia for employers to offer their employees short-term employment, renewable after every short period of time. This is nothing rather than a plot by the employers to find a way of dismissing the employee without any explanation.
Why not incorporate a provision in the Labour Act, modeled on the Roman-Dutch law of contract, that once someone‘s contract is renewed then that person has got the right of permanent stay until their employment is terminated for good cause?
This practice must be outlawed as it provides grounds for legal victimization of the employees. Records must be shown that indicate the company cannot afford a certain number of employees’ or that the employees had constantly failed to meet pre-agreed production targets.

5. Labour Hire practices
How can it be allowed that employees, as the human factors of production, are left in limbo without anyone who bears direct responsibility and liability towards them as is the case with the labour hire companies?
I guess that the responsibility of compliance with the basic conditions of service regarding hired labour force must lie with the labour hire companies and they should be legally treated just as normal employers.

6. Small independent contractors
Independent contractors are not protected by the current labour law irrespective of their sizes. Nowadays a freelance painter who only owns a paintbrush can be treated as an independent contractor rather than a short-term employee and employers usually argue that such a person is not protected by the Labour Act, even if the income made by that painter is below the minimum wage.
Small independent contractors should be made to enjoy the protection of the labour legislation. After all, most of these work arrangements are made with the aim of avoiding the legal responsibilities under the Labour Act.

7. Disciplinary procedures
The existing labour law only talks about fair and valid disciplinary measures but it is obscure about what steps must be taken to ensure a fair hearing leaving the rest of the story to the interpretation of the attorneys through common law.
For the sake of the simplification of the enforcement of the Labour Act, when it comes to the unfair disciplinary actions and unfair dismissal, there is a need for the provisions that stipulate the minimum requirements to be complied with by the employer in disciplinary action or dismissing someone.
A disciplinary hearing without representation for the employee being charged should be outlawed unless the employee has signed a statement to the effect that he would like to represent himself or be represented by the shop steward from the workplace.
In fact if the shop stewards are to play a valuable role in the defence of the workers’ rights at the workplace, necessary provisions must be enacted into the new Bill to prevent them from victimization by their employer.

8. Powers of labour inspectors or other accessible labour agents
The power of the labour inspectors must be extended in providing a binding enforcement of the basic conditions of employment set forth in sections 25 to 52 of the current labour legislation so as to create conditions conducive to the speedy resolution of labour issues
Perhaps this role could be filled by the arbitrators and conciliators as envisaged in the Labour Act.

9. Access to the labour court
Last but not least, the labour court should be made accessible to the poor. In the Labour Act 6 of 1992, it was stipulated that anyone can represent themselves or be represented by someone of their choice. But the right of the party to the labour court proceedings to be represented by a person of their choice, has been overruled by the high court.
Necessary legislation must be put in place to restore this right.

10. Safe-keeping of employees’ records
It is compulsory for employers to provide pay-slips to employees but there are still many companies which do not meet this requirement. And there are still many employers including Chinese companies, that do not provide their employees with pay-slips even when demanded by the employees.
Moreover, the Act does give a legal obligation to all employers to keep all records of their employees in acceptable form during their period of employment and to continue to keep such records at least for 5 years after the employee left.
Finally, the private sector has been at the forefront of criticizing the Labour Act as being counter-productive, inflexible and non-conducive to economic growth. But instead of business owners planning around the provisions of the Labour Act, they usually avoid it until labour claims are made against them which would result in unplanned expenditures. Most of the time it is not the question of the Labour Act working against the employers and producers but rather the ignorance of the business people that can be blamed.

Yours Sincerely
D. UUyuni waKamati

 
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