Labour laws must be amended to remove police power ambiguity

Martin Endjala

Lawyer Kadhila Amoomo has come out strongly in support of the amendment of labour laws in the country by saying that there is an ambiguity on the power of the police when it comes to labour-related issues.

“The law in its current form should be amended in order to remove the ambiguity on the power of the Namibian Police,” he said.

Amoomo, during an interview with this publication yesterday said that workers often fall victim to police harassment during labour disputes and strikes.

“This is a problem, as workers are supposed to exercise their rights if they feel that injustice is being done to them,” he said. Earlier this year police arrested protestors for contravening the public gathering act in Windhoek where strikes occurred.

He stressed that the right to protest is stipulated clearly in Article 21 (1) (d) of the Namibian Constitution.

“It finds meaning in the freedom to assemble peaceably and without arms. The public gathering proclamation of 1989 is said to continue to haunt people’s democratic space,” he said.

He added that this is to be expected because the proclamation was never designed to function in a constitutional dispensation.

“It was rather designed to combat anti-apartheid programs and harass freedom fighters before independence,” he said.

Amoomo noted that although people’s rights are contained in the Constitution, it is clear that these rights won’t be handed to them on a silver platter and that they should continue to fight for their rights through protest, litigation and political activity.

“If we are successful, it will mean that the next generation won’t have to fight. Constitutional rights should be guaranteed automatically, there should be no struggle,” Amoomo added. He urged all Namibian workers to operate within the ambits of the labour act should they desire to go on strike and added that it is always better to be part of a labour organization He stated that he welcomes the registration of the Revolutionary Union and that he will support the new union henceforth.

Amoomo urged police officers to act within the laws of the country and to also differentiate what a peaceful strike is and what vandalism or violation of laws is. He reiterated that tension between police and the public has already led to a loss of trust in the men and women in uniform.

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