Justicia Shipena
Oranjemund Town Council has failed to pay its contracted security service provider for more than three months.
This has prompted an urgent legal demand for immediate settlement of outstanding invoices.
The demand is contained in a letter dated 3 February 2026 from Solomon Kanyemba Incorporated, acting on behalf of EyeQ Security Services, which has been providing security services to the municipality since August 2025.
According to the letter, payments for services rendered have been repeatedly delayed, with the January 2026 invoice still unpaid when the correspondence was issued.
The company said payment for December 2025 was only made after repeated follow-ups and delays.
EyeQ Security Services was informed by council officials that, although funds had been loaded, payment could not be released due to the absence of a formal council resolution approving the agreed-upon hourly rate.
The lawyers state that this points to an internal administrative omission and does not justify withholding payment for services already rendered.
The legal practitioners note that the council has been paying the same rate since August 2025 and argue that internal governance shortcomings cannot lawfully be used to delay payment for completed work.
The same explanation was applied to the January 2026 invoice, with management indicating that payments cannot be authorised until a council resolution is passed and the matter is considered by the procurement committee and council.
The letter states that the council had raised the issue in December and had sufficient time to resolve it during January instead of allowing it to escalate.
Despite the delays, EyeQ Security Services says it has continued to provide uninterrupted security services at municipal facilities.
The company states that the financial and operational burden is being shifted entirely onto the contractor and the deployed security officers.
The lawyers say the delayed payments have already caused hardship for security officers, affecting their ability to meet basic living costs such as rent, food, transport and debit orders.
They warn that the situation risks labour instability and possible site abandonment, which could expose municipal assets to theft, vandalism and loss.
The letter also raises concerns about the implementation of the 2026 statutory wage adjustment for the private security sector.
The applicable wage order increased the minimum wage to N$16 per hour with effect from January 2026.
EyeQ Security Services requested a corresponding adjustment to its contractual rate at the beginning of January to comply with the law.
Council has not responded to the request and instead instructed that January services be invoiced at the 2025 rate pending internal processes.
The lawyers state that this places the contractor in a position where it must either breach labour legislation or continue operating at a loss while statutory obligations accumulate.
They also argue that compliance with labour law cannot be made conditional on unresolved municipal administrative processes and that the combined effect of delayed payments and failure to implement the statutory rate adjustment exposes the council to legal risk and threatens uninterrupted municipal security services.
EyeQ Security Services is demanding payment of the outstanding January 2026 invoice, written confirmation of a fixed and reliable payment schedule and implementation of the contractual rate adjustment in line with the 2026 wage order within 48 hours.
EyeQ Security Services also indicated that it has written to the minister of urban and rural development, James Sankwasa, asking for intervention in the matter.
In the email, EyeQ told the minister that the combined effect of delayed payments and failure to adjust rates has created labour instability, legal exposure, and risks to uninterrupted municipal security.
EyeQ Security was awarded after a new wage order for the private security sector was gazetted. At the time of bidding, the minimum wage stood at N$8.75 per hour, while EyeQ submitted a rate of N$16.50 per hour, excluding VAT.
The wage order introduced phased increases, raising the minimum wage to N$13.50 in 2025, N$16.00 in 2026, and N$18.00 in 2027, requiring annual engagement between employers and service providers to adjust rates.
After the tender was awarded, EyeQ formally requested a rate adjustment to comply with the law.
The company says the council was initially reluctant but later proposed a rate aligned with its available budget.
EyeQ agreed to maintain service delivery. The approved rate for 2025 was set at N$22.50 per hour, with N$13.50 allocated to the security officers’ wages and the remainder covering operational costs such as vehicles, equipment, fuel, public holidays, Sunday work, annual leave, and statutory obligations.
The company argues that compliance with labour laws cannot depend on unresolved internal municipal processes.
Meanwhile, the letter of demand has been copied to the Sankwasa and the minister of justice and labour relations, Fillemon Wise Immanuel.
The company is now threatening to take the council to court if it fails to comply with its demand.
