Justice Ministry asks lawyers to help to resolve labour cases

Justicia Shipena

The executive director in the Ministry of Justice and Labour Relations, Audrin Mathe, has called on the legal fraternity to help clear over 475 pending labour arbitration cases. 

He said the backlog represents delayed justice for both workers and employers.

He was speaking at the Law Society of Namibia (LSN) Gala Dinner held in Windhoek on Friday. 

“We are currently facing a backlog of over 475 unresolved labour arbitration cases. This is not just a number; it represents over four hundred and seventy-five instances of delayed justice for workers and employers alike. Justice itself is crying out for a faster route. It does not want to be stuck in a traffic jam of motions, counter-motions and postponements,” Mathe said.

Mathe appealed to legal practitioners to assist the ministry in finding ways to speed up the resolution of pending cases. 

“What can we do, together, to clear this backlog? Can lawyers make themselves available to assist? Must every disagreement really end in a full-scale legal battle that costs a fortune and takes years to resolve?” he asked.

Mathe also called for wider adoption of alternative dispute resolution (ADR) to reduce pressure on the courts and promote faster, more affordable settlements. 

“Litigation, in its grandest form, can sometimes feel like a ten-course state banquet: it is formal, it is expensive, and it can take all night just to get to the dessert. ADR, on the other hand, is more like a good Namibian braai: it is faster, everyone gathers around the fire to solve the problem, and you get a satisfying result without needing three sets of cutlery,” he said.

He urged the Law Society to make ADR a mainstream part of the justice system, especially in labour matters. 

“Let us, together, be the ones to build it an express lane,” he said.

On the issue of legal aid, Mathe acknowledged challenges with funding and tariffs but called for collaboration with the Law Society to ensure sustainability. 

“While my administrator’s heart would love to approve every request, my administrator’s budget often has other ideas. This is a difficult balancing act, and it brings into focus our shared responsibility. We implore the LSN to assist the government to run a cost-effective and efficient legal aid scheme,” he said.

He commended legal practitioners who continue to serve under the legal aid programme despite financial constraints. 

“Your commitment does not go unnoticed. Your work is not just a profession; it is a calling. It demands not only intellectual rigour but also profound empathy and an unwavering ethical compass,” Mathe said.

He also praised the legal fraternity for its role in upholding justice and protecting constitutional rights. 

Earlier this year, Justice and Labour Relations Minister Fillemon Wise Immanuel also called for an overhaul in handling labour cases, saying delayed arbitration awards leave many workers struggling. 

Immanuel had said arbitration awards from the labour commissioner take too long, resulting in employees falling into hardships. 

Last year, labour commissioner Kyllikki Sihlahla acknowledged delays in arbitration cases but said her office was working to address them. 

She also urged parties to cooperate to speed up the process. This followed remarks by Peter Shipandja of the Namibia Seamen and Allied Workers Union (Nasawu), who said delays in labour cases were killing employees.

In 2024, the Ministry of Labour reported resolving 4 089 labour complaints, recovering more than N$1.8 million on behalf of affected employees from their employers. Most cases involved non-payment of wages.

The labour commissioner also deregistered seven trade unions and one employers’ organisation last year for failing to submit annual returns. 

Their status remains unchanged. Namibia currently has 47 registered trade unions and 17 registered employers’ organisations.

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