Namibian court's decision on labour brokers welcomed

The Namibian Supreme Court of Appeal’s judgment that the banning of labour brokers would be inappropriate is welcome, the Federation of Unions of SA (Fedusa) said on Tuesday.

Last month the court found it would not be permissible to ban labour brokering on the basis of proportionality and rationality, Fedusa said.

“This was largely as a result of the fact that a total prohibition is misappropriated and unreasonable, given the fact that constitutional objectives can be achieved by regulatory objectives,” Fedusa said in a statement.

Fedusa said in its submissions during the National Economic Development and Labour Council (Nedlac) consultations it had indicated that contentious issues such as “duration, social security, dismissal, benefits and freedom to organise and associate” could all be addressed through proper legislative provisions.

“Various other institutions, attorneys, advocates and academies came out in strong support of the Fedusa position,” the federation said.

Fedusa general secretary Dennis George said discussions at the International Labour Organisation (ILO) last year had supported Fedusa’s stand in respect of regulation and measures to secure decent work.

“It is absolutely enlightening and encouraging to now have the Namibian Supreme Court of Appeal also confirming the Fedusa stance as being the ‘reasonable and responsible’ way to address this contentions issue,” George said.

Fedusa called on the Minister of Labour Membathisi Mdladlana to change his stance on supporting the ban of labour brokering.

“Fedusa has concluded its mandating process and is ready to forcefully engage at Nedlac in respect of proper regulation of the labour brokering industry.

“The temporary employment industry certainly adds value and Fedusa constantly explores new ways of adding value and securing decent work for the temporary worker,” George said.