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Namibia's Labour Movement: an Overview - History, Challenges and Achievements 3 Abbreviations and Acronyms
Namibia’s Labour Movement: An Overview History, Challenges and Achievements ISBN 978-99945-87-18-6 Herbert Jauch Front Cover Pictures Top left: NUNW Congress, 2006 Top right: MANWU Shopstewards at the Husab Mine, 2015 Bottom left: Ramatex Strike, 2006 Bottom right: May Day Rally of Shoprite workers, 2017 Back Cover Pictures Top row: Ramatex Strike, 2006 Bottom row: MANWN Leaders and members at the Husab Mine, 2015 Namibia’s Labour Movement: An Overview History, Challenges and Achievements Herbert Jauch @Friedrich-Ebert-Stiftung, 2018 All rights reserved. The material in this publication may not be reproduced, stored or transmitted without prior permission of the publisher. The views expressed in this publication are not necessarily those of the Friedrich-Ebert-Stiftung. Publisher’s contact details: 95 John Meinert Street, Windhoek West P.O. Box 23652, Windhoek, Namibia Telephone (+264) (0) 61 417500 Email: [email protected] Website: www.fesnam.org.na Design, Layout and Printing: LEXNET Publishing House cc An electronic version (PDF) of this publication is available at www.fesnam.org.na ISBN 978-99945-87-18-6 Table of Contents Abbreviations and Acronyms 4 Foreword 6 1. A Brief History of Namibia’s Trade Unions 7 1.1 The General Strike of 1971-72 7 1.2 Formation of Unions Inside Namibia 9 1.3 Unions Outside the NUNW 10 2. The Namibian Labour Market 12 2.1 The Colonial Economy 13 2.2 After Independence 14 2.3 Employment 15 2.4 Formal and Informal Employment 16 2.5 Unemployment 17 2.6 Incomes 18 2.7 Unionisation Rates 19 3. -
Politics and Judicial Decision-Making in Namibia: Separate Or Connected Realms? Peter Vondoepp1
Politics and judicial decision-making in Namibia: Separate or connected realms? Peter VonDoepp1 Introduction To what extent can we detect the infl uence of political factors in decision-making at Namibia’s High and Supreme Courts? The question goes to the heart of a key issue for the democratic dispensation in the country. As most observers readily acknowledge, independent and assertive judicial institutions are critical for democratic consolidation. Yet, to what extent are Namibia’s judicial institutions independent, such that they are willing to assert their authority vis-à-vis other branches of government?2 To investigate this question at the heart of the study, I undertook a statistical analysis of nearly 250 decisions made by judges of the High and Supreme Courts since the country’s independence in 1990. The analysis examines whether and how certain political factors have affected the patterns of decision-making that have been witnessed. Have judges, for instance, deferred to government when faced with rendering decisions in important political cases? Have all judges been equal in terms of their tendencies to side with or against the government? And have judges altered or adjusted their decision-making in light of pressures and threats from the elected branches and other political actors? The study indicates that, as a whole, the judiciary has performed quite admirably in terms of independence from the other branches. The extent of deference to the executive has been minimal. This is true regardless of the period during which decisions have been taken, and regardless of the type of case being decided. This said, the analysis tentatively suggests that one category of judges – foreign judges appointed in the mid-1990s – has displayed a modest tendency to side with government. -
Transitions in Namibia Which Changes for Whom?
Transitions in Namibia Which Changes for Whom? Edited by Henning Melber NORDISKA AFRIKAINSTITUTET, UPPSALA 2007 Cover: The restored steam tractor outside the coastal town of Swakop- mund was made in Germany and brought to the country in 1896. It should replace ox wagons as a means of transport in the further colonization of Namibia’s interior. The 2.8 tons heavy machine in need of lots of water never managed it through the sands of the Namib desert. The local colonizers named it after the German reformer Martin Luther, who in 1521 had declared: “Here I stand – may God help me. I can not otherwise.” Today a national monument and put behind glass, Namibia’s “Martin Luther” remains an early symbol for the failure of grand visions. Indexing terms: Social change Economic change Cultural change Political development Liberation Decentralization Gender relations International relations Economic and social development Post-independence Namibia Cover photos: Henning Melber Language checking: Peter Colenbrander © The authors and Nordiska Afrikainstitutet 2007 ISBN 978-91-7106-582-7 Printed in Sweden by Elanders Gotab AB, Stockholm 2007 Table of Contents Preface ……………………………………………………………………………………………… 5 Henning Melber Transitions in Namibia – Namibia in transition An introductory overview ………………………………………………………… 7 Christopher Saunders History and the armed struggle From anti-colonial propaganda to ‘patriotic history’? ……… 13 Phanuel Kaapama Commercial land reforms in postcolonial Namibia What happened to liberation struggle rhetoric? ………………… 29 Herbert -
Access to Justice in Namibia
i Access to justice is both an independent human right and a crucial means to enforce other substantive rights. Namibia has a progressive, modern constitution, guaranteeing an impressive set of rights for the individual. Yet without a realistic means to enforce those rights, substantive guarantees can far too easily become merely a set of empty promises. The Constitution of Namibia guarantees access to justice. But some legal procedures limit the ability of individuals, particularly marginalised populations, to access the courts. In this series of papers, the Legal Assistance Centre examines several discrete access to justice issues, including examples from other jurisdictions and arguments put forward by government, civil society and academia. On the basis of this information, we propose reforms to improve access to justice in Namibia. This series of papers on access to justice covers the following four topics: (1) access to justice as a human right (2) locus standi (standing to bring a legal action) (3) costs and contingency fees (4) amicus curiae participation. The paper on access to justice as human right includes a brief summary of our recommendations on the other three topics. Zoila Hinson is a graduate of Harvard College and Harvard Law School. She served as a clerk to the Honourable Carlos F. Lucero of the US Court of Appeals for the Tenth Circuit from 2009 to 2010, and was based at the Legal Assistance Centre as a Fulbright Scholar in 2011. She is currently an associate with the US law fi rm Jenner & Block and a member of the New York Bar. Dianne Hubbard holds degrees from the University of North Carolina, Harvard Law School and Stellenbosch University. -
Constitutional Democracy in Namibia
Constitutional democracy in Namibia A critical analysis after two decades Edited by Anton Bösl, Nico Horn & André du Pisani A This publication would not have been possible without the generous financial support of the Konrad Adenauer Foundation. Please note that the views expressed herein are not necessarily those of the Konrad Adenauer Foundation and of the editors. Konrad Adenauer Foundation P.O. Box 1145 Windhoek [email protected] www.kas.de/namibia © Konrad-Adenauer Stiftung and the Authors 2010 All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission. No paragraph of this publication may be reproduced, copied or transmitted save with written permission. Any person who does any unauthorised act in relation to this publication may be liable to criminal prosecution and civil claims for damages. Cover design: Red Sky and Anton Bösl Content editors: Anton Bösl, Nico Horn & André du Pisani Language editor: Sandie Fitchat Printing: John Meinert Printing (Pty) Ltd Publisher Macmillan Education Namibia PO Box 22830 Windhoek Namibia Tel. (+264 61) 225568 ISBN 978-99916-2-439-6 B Table of contents Foreword .......................................................................................................................iii Peter H Katjavivi Introduction .................................................................................................................... v Anton Bösl, Nico Horn and André du Pisani List of contributors ......................................................................................................xiii -
Constitutional Democracy in Namibia
Constitutional jurisprudence in Namibia since Independence George Coleman and Esi Schimming-Chase Introduction Administrative bodies and administrative officials who are capable of making decisions affecting the citizens should always bear in mind that, by the adoption of the Constitution of Namibia, we have been propelled from a culture of authority to a culture of justification.1 The above is a profound departure from the following:2 Whether or not any legislative measure is calculated to promote or to harm these interests of the inhabitants, would be a matter of policy in the discretion of Parliament, into which our Courts would decline to enquire. These two statements by judges 37 years apart not only reflect the evolution of the legal culture in Namibia since Independence, they also manifest the jurisprudential polarity between a natural law approach and legal positivism.3 According to some South African academics, positivism, as a legal theory, is to blame for the terrible track record of the judiciary in respect of the protection of civil liberties in apartheid South Africa4 (and, by extension, Namibia prior to Independence). This is chillingly demonstrated in R v Sachs, where the following was stated:5 Courts of law do scrutinise such statutes with the greatest care but where the statute under consideration in clear terms confers on the Executive autocratic powers over individuals, courts of law have no option but to give effect to the will of the Legislature as expressed in the statute. Where, however, the statute is reasonably capable of more than one meaning a court of law will give it the meaning which least interferes with the liberty of the individual. -
The Independence of the Judiciary in Namibia
The Independence of the Judiciary in Namibia Edited by Nico Horn and Anton Bösl 2008 1 This publication would not have been possible without the generous fi nancial support of the Konrad Adenauer Foundation. Please note that the views expressed herein are not necessarily those of the Konrad Adenauer Foundation. Konrad Adenauer Foundation P.O. Box 1145 Windhoek [email protected] www.kas.de/namibia © Konrad-Adenauer Stiftung and the Authors 2008 All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission. No paragraph of this publication may be reproduced, copied or transmitted save with written permission. Any person who does any unauthorised act in relation to this publication may be liable to criminal prosecution and civil claims for damages. Cover design: Anton Bösl and John Meinert Printing Content editors: Nico Horn and Anton Bösl Language editor: Sandie Fitchat Publication design: Anton Bösl Layout and printing: John Meinert Printing (Pty) Ltd Publisher Macmillan Education Namibia PO Box 22830 Windhoek Namibia Tel. (+264 61) 225568 ISBN 978-99916-0-807-5 2 Table of contents Contributors 5 Foreword 10 Peter Shivute Introduction 12 Nico Horn and Anton Bösl List of abbreviations 14 SECTION I: The paradigm of an independent judiciary The paradigm of an independent judiciary: Its history, implications and limitations in Africa 17 Joseph B Diescho SECTION II: The independence of the judiciary in pre- independent Namibia The independence of the judiciary in pre-independent Namibia: -
REPORT National Conference
REPORT on the proceedings of the National Conference on Women’s Land and Property Rights and Livelihood in Namibia with a Special Focus on HIV/AIDS held from 6 to 8 July 2005 in Windhoek, Namibia This publication was made possible with support from the following donors: © Republic of Namibia, 2005 All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission. No paragraph of this publication may be reproduced, copied or transmitted save with written permission. Any person who does any unauthorised act in relation to this publication may be liable to criminal prosecution and civil claims for damages. Report compilation, editing and layout: Sandie Fitchat Published by the United Nations Food and Agriculture Organisation Private Bag 133290 Windhoek NAMIBIA ISBN 99916-68-34-9 What is needed is real, positive change that will give more power and confidence to women and girls …, change that will allow women to play to the full their role in the fight against HIV and AIDS. Empowering women in this struggle must be our strategy for the future. Kofi A Annan, Secretary-General of the United Nations 1 December 2004 National Conference on Women’s Land and Property Rights and Livelihood in Namibia, with a Special Focus on HIV/AIDS CONTENTS Page Executive summary ....................................................................................................... iv Theme I: Legal issues of women’s rights to land and property in Namibia...................... iv Theme II: Traditional institutions on women’s land and property rights ........................... v Theme III: HIV/AIDS, land and property rights, and livelihood strategies ........................ v Theme IV: Namibian experiences ................................................................................. -
28 August 1987
THE GERMAN Evangelical Lutheran Church (DELK), this week announced its withdrawal from the Council of Churches in.Namibia for "political reasons". The head of the church, Landespropst Wilfried Blank, said this week that he personally was against the withdrawal, despite the fact that the highest decision-making body of his church, the Synod has taken the decision to withdraw. The decision to withdraw was taken The decision to withdraw from the at a synod meeting which ended on CCN was publicised in West Germany Sunday in Windhoek. before the Executive Committee of the Landespropst Blank, who heads the Council in Windhoek had been inform 12,OOO-member German Lutheran ed ofthe move. In an interview with the Church also said that his church would Frankfurter Rundschau newspaper not be joining another national church last Tuesday, Pastor Blank said.that council. "At least not the newly form his Church had decided to leave the ed Namibia Church Union", he said. CCN for various reasons. He said that the Synodjustified its withdrawal with "the shift ofthe emphasis within the CCN away from church cooperation to political actions;' - In the same intervieW, Landespropst Blank confirmed the continued suspension of his church from the Lutheran World Federation (LWF). The German Lutheran Church was suspended from the LWFin 1984, and it has since not been re-admitted for membership. Landespropst Blank said his church would, however, retain its membership ofthe UnitedEvangelical Lutheran Churches in Namibia (UELCSWA) of which he is now the President. • The German Lutheran Church has 1'- been a member of the CCN since the body's inception in 1978. -
6 December 1991
* TODAY: DILEMMA FOR DTA? * ACTION ON NEW UNIVERSITY * EXAM SCAM IN COURT * Bringing Africa South Vol.2 No.470 R1.00 (GST Inc.) Friday December 6 1991 Don't penalise democracy, says Chiluba EXPECTING Namibia to pay the R700 million debt inher experience can be borrowed by nations that have been inde ited from South Africa on independence was like pe'nalising the STAFF REPORTER pendent for decades. ' • Government for bringing in democracy, said Zambia's new The new boy in the school of southern African leaders spoke president Frederick Cbiluba yesterday. debts to be forgiven. He praised Britain's Prime Minister John especially warmly of President Sam Nujoma, whom he de- Chiluba called for a fresh start and for debt forgiveness, Major who offered to write off debts owed to his government at scribed as his "elder brother". particularly in the case of Zambia which owes about US$l 000 the recent Commonwealth summit in Harare. He called for closer links including in the form of more (R2,79 million) for every one of its citizens. His own country can expect what he called "friction" as he person to person and closer political links between Swapo and He said that Zambians did not benefit from the debt, which starts soon to implement an economic restructuring programme the Movement for Multiparty Demcoracy. totals a crippling US$7 billion,. as before the elections the which was set to be unveiled to donors yesterday afternoon onhis Chiluba was particularly full of praise about the way Na government was,not accountable to the citizens. -
23 September 1988.Pdf
---- * * * * * Interview with Commmissioner"." t for Namibia inside * * * * * STUDENTS A D UNIONS CHALLENGE -THE STATE BY GWEN LISTER AFFILIATES of the National Union of Namibian Workers (NUNW) and the Namibian . National Students' Organisation (NANSO) confirmed this week that they had instructed lawyers to launch a court application to declare Act 16 of 1988 (Protection of Fundamen tal Rights Act) in conflict with the Bill of Fundamental Rights and therefore invalid and without force and effect. Lawyers for the Legal Assistance Centre when approached said the application had been launched yesterday (Thursday) and is set down for hear ing on October 24. The papers were served on the Affidavits by Ignati us Shiwhameni, the fourth; Metal and AlliedN amibian Speaker for the interim government Ben Ulenga, John Pandeni, Barnabus Workers Union as the fifth; and the National Assembly, first respondent; Tjizu and Petrus Hongo, were used to Namibia Public Workers' Union the the Cabinet of the interim govern support the application. sixth applicant. ment, second respondent; the Ad Nanso is the first applicant; Mr Ignatius Shiwhameni said in his af ministrator General andthe Attorney Shiwhameni the ' second; the fidavit that he was a final ye~ BA stu~ General as third and fourth Mineworkers Union of Namibia, the respondents respecti vely, yesterday. third; Namibia Food and Allied Union, Continued on page 2 SADF BLAMES SWAPO-FOR STRANGE ROBBERIES but residents-point out several .inconsistenQies BY CHRIS SHIPANGA SEVEN ARMED robbers, believed to be Unita members, broke dialect of the robbers, that they were into a supermarket in northern Namibia on Tuesday and stole of Angolan origin, and she also cited an unspecified number of goods and cash before fleeing back the fact that they had given orders to the shop.assistants to come and report into southern Angola. -
Trade Unionists in Parliament: Changing from Within?
Trade Unionists in Parliament: Changing from within? Windhoek Observer, “Mekondjo”, 7 August 2009 During the past few weeks, the issue of trade unions and politics was discussed with renewed interest. First, the National Union of Namibian Workers (NUNW) as an affiliate of the SWAPO party decided on its delegation to the ruling party’s electoral college, which in turn elected a list of candidates for the upcoming parliamentary elections. Three of the currently serving trade union leaders are now on the list, namely the NUNW’s president Alpheus Muheua, NAPWU’s president Eliphas Dingara, and the NUNW’s first vice president David Namalenga. While the first two found themselves on “safe places”, the latter is unlikely to make it to parliament – unless SWAPO receives more than 90% of the national vote. Once in parliament, Muheua and Dingara will join other former trade union leaders such as Petrus Iilonga, Bernard Esau, Marco Hausiku and Tjekero Tweya. The interesting question to look at is how the presence of former trade unionists has influenced government policies. Did their presence in parliament shift the debate and government polices to the left in line with workers’ interests or did their presence in the National Assembly and National Council produce no tangible benefits for their former working class constituency? Trade unionism and politics are not strange bedfellows as unions have a long history of trying to influence national and international politics in favour of their constituency. In Namibia, the NUNW and its affiliates were an integral part of the liberation struggle and thus it was no coincidence that several prominent trade unionists ended up in parliament and even in cabinet after independence.