Two organisations representing Namibian employers have launched a High Court case against the president, the government and trade unions to have the suspension of parts of the Labour Act during Namibia's Covid-19 state of emergency declared unconstitutional.

In an urgent application filed at the Windhoek High Court on Friday, the Namibian Employers' Federation (NEF), the Namibian Employers Association and the companies FP du Toit Transport, JetX Couriers, John Meinert Printing, Huab Safari Ranches and Skycore Aviation are asking the court to declare parts of two proclamations issued by president Hage Geingob on 28 April and 4 May, and also parts of the Covid-19 state of emergency regulations, as unconstitutional.

The proclamations stipulate that during Namibia's Covid-19 lockdown period, which started on 28 March and at this stage is due to end on 2 June, employers may not dismiss any of their employees because of the impact of the Covid-19 pandemic on their businesses, they may not force employees to take unpaid leave or annual leave due to the pandemic, and they may not reduce the pay of any employee for reasons related to Covid-19.

The president, government, attorney general, ministers of labour and health, the labour commissioner and the National Union of Namibian Workers (NUNW), Trade Union Congress of Namibia (Tucna), Namibia National Labour Organisation (Nanlo), Namibia Transport and Allied Workers Union (Natau) and Mineworkers Union of Namibia (MUN) are cited as respondents in the case filed by the two employers' organisations and the five companies questioning the constitutionality of the regulations.

In his affidavit, Strauss says the purpose of suspending a specific provision of the Labour Act must be to address the situation that gave rise to the Covid-19 state of emergency, which is the spread of Covid-19 itself.

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