By: Annakleta Haikera
Namibia is taking steps to establish an independent Commission for Alternative Dispute Resolution (CADR) aimed at improving the speed, fairness, and professionalism of labour dispute handling.
Planned steps for the Commission were revealed during consultations on the draft bill in Rundu yesterday.
The Deputy Chairperson of the Technical Working Group, Paavo Amunjela, said the current Office of the Labour Commissioner, which operates as a division under a ministry, faces operational challenges, including long case turnaround times, staff shortages, high caseloads, and budget constraints. These limitations, he noted, have contributed to case backlogs and raised concerns about the office’s perceived independence.
“It is not always clear to the public whether decisions are fully independent when the institution sits under a ministry. This reform seeks to remove that perception and strengthen trust,” said Amunjela.
The proposed CADR will have the authority to issue binding rulings, subpoenas, and penalties for non-compliance. It will also introduce clear timelines for resolving disputes to prevent cases from dragging on for years.
According to Amunjela, quicker resolutions are critical for workers who may be suspended without pay and for employers who require certainty in labour matters. The new commission will be governed by a board consisting of representatives from government, trade unions, employer organisations, and independent members.
An Executive Commissioner will head the institution, appointed on merit for a five-year term, renewable once. The structure is designed to ensure accountability, professionalism and balanced representation of social partners.
Namibia’s reform follows regional trends, as several SADC countries already operate independent dispute resolution bodies outside the public service.
Additionally, according to reported information, Botswana recently passed similar legislation. The move also aligns with International Labour Organisation (ILO) recommendations and SADC frameworks that call for autonomous alternative dispute resolution mechanisms.
The Commission is expected to expand access to mediation, conciliation, and arbitration services across the country, particularly in remote areas where many workers are unaware of their rights or how to lodge disputes. It will also regulate trade unions and employer organisations and promote a culture of dialogue to reduce costly court litigation.
PUBLIC CONSULTATIONS UNDERWAY
The Technical Working Group is conducting consultations nationwide, and written submissions on the draft bill are open until 20 March. Stakeholders have been encouraged to provide input to strengthen the legislation before it is tabled in Parliament.
“The goal is to build an institution that delivers labour justice efficiently, fairly and with public confidence,” stated Amunjela.
Kavango East acting chief regional officer Herculano Mwenyo, speaking on behalf of governor Julius Hamunyera Hambyuka, said Namibia’s rising and increasingly complex labour disputes make it urgent to establish an independent CADR.
He confirmed that the Cabinet has already approved the creation of an autonomous labour commission, with the draft bill now driving the implementation of a system that is independent, accessible, and responsive to the needs of both employers and employees.
According to information obtained by The Villager, Namibia’s current labour dispute system is anchored in the Labour Act (Act No. 11 of 2007), which establishes the Office of the Labour Commissioner to handle workplace disputes between employers and employees.
Under this framework, the Labour Commissioner is tasked with registering disputes, seeking to prevent conflicts through conciliation, resolving unresolved disputes through arbitration, and reporting on labour relations matters to the relevant minister.
