Deregistered trade unions limiting employee rights – expert
The continuous deregistration of trade unions has weakened their standing within the Namibian employment representation landscape and limits the protection rights of workers, labour analyst Cuana Angula says.
Speaking to The Namibian on Monday, Angula argued that Article 21 of the Namibian Constitution provides freedom of association for both political parties and trade unions, with the Labour Act, No. 11 of 2007 outlining the requirements and responsibilities of registered trade unions.
“Deregistration of a trade union in Namibia results in the loss of its legal recognition, meaning it can no longer represent its members, and any existing recognition agreements become invalid,” Angula said.
The labour commissioner deregistered seven trade unions and one employers’ organisation last year due to their failures to submit their annual returns. Their status is currently unchanged after not satisfying the ministry’s requirements.
Overall, Namibia currently has 47 registered trade unions and 17 registered employers’ organisations.
Angula said deregistration impacts both the union and its members, affecting their legal standing and ability to participate in collective bargaining and workplace representation.
Deregistered unions further lose their legal status, including the ability to act as legal entities, while agreements with employers previously recognising the union as a bargaining agent are rendered invalid.
“The union can no longer exercise its organisational rights, such as the right to recruit members and bargain collectively, and the deregistered union is barred from representing its members in court or other legal proceedings,” Angula said.
MEMBERS PAY THE PRICE
Angula further explained that the loss of workplace representation severely impacts employees’ collective bargaining ability and their ability to negotiate terms of employment, further limiting their access to legal recourse.
This could lead to loss of benefits negotiated through the union’s recognition agreement.
RELEVANCE OF TRADE UNIONS
Trade unions remain relevant today, serving as a platform for workers to collectively advocate better working conditions, fair wages, and protection of their rights.
“They act as a powerful voice for employees, enabling them to negotiate with employers on issues like pay, benefits and work-life balance. Unions play a vital role in ensuring workplace safety, providing legal and financial support to members, and promoting equal opportunities,” Angula said.
While unions offer numerous benefits, Angula said there are also challenges they face, such as internal disputes and agency problems, where union leaders may not fully represent the interests of their members.
Ministry of Justice and Labour Relations spokesperson Maria Hedimbi yesterday said deregistered unions are not authorised to represent employees or employers concerning labour matters.
Another labour expert, Herbert Jauch, urges unions to start defending their members to remain relevant beyond wage bargaining.
“Unions also need to start influencing policy reforms to benefit their members, especially those in informal trading and not just formal trading,” he says.
Namibia Bus and Taxi Association (Nabta) secretary general Pendapala Nakathingo blames the organisation’s deregistration on political forces at play, stating that the matter could have been amicably resolved without deregistering the union.
He says the transport sector’s issues have a direct correlation to Nabta’s deregistration.
The association has since been relegated to offering mere advisory services, rather than having representative authority.
“The labour commission acted harshly given Nabta’s constant presence compared to dormant unions,” he says.
He attributes the lack of membership payments as a key challenge in the association’s failure to provide financial reports as members were still grappling from the aftermath of the Covid-19 pandemic.
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