BY THEMBA ZWANE
MBABANE – Namibia has been urged to benchmark against Eswatini’s impartial labour dispute resolution system, alongside models in three other SADC countries and one East African nation, as it seeks to reform its own framework.
The call was made during a regional stakeholder consultation workshop held in Rundu, Namibia, on 23 February 2026.
According to reports by the Namibian Sun, Namibia’s current labour dispute system has been criticised for failing to inspire public confidence due to what stakeholders described as “blurred independence”, raising concerns about fairness and efficiency in resolving workplace conflicts.
Paavo Amunjela, Deputy Chairperson of the Technical Working Group (TWG) overseeing Namibia’s proposed Commission for Alternative Dispute Resolution (CADR), said the country lags behind its regional counterparts in establishing an autonomous dispute resolution body.
In contrast, Eswatini operates the Conciliation, Mediation and Arbitration Commission (CMAC), an independent institution responsible for conciliation, mediation and arbitration of labour disputes. The body functions outside the mainstream public service structure, a model that has been credited with strengthening perceptions of neutrality and fairness.
Amunjela noted that countries such as South Africa, Eswatini, Lesotho and Tanzania operate independent labour dispute mechanisms outside the public service, while Botswana enacted similar reforms last year.
“Namibia sits in the red because we are slightly behind,” Amunjela said, referencing recommendations from the International Labour Organisation and the Southern African Development Community framework.
Currently, Namibia’s Office of the Labour Commissioner operates under the Ministry responsible for justice and labour relations. Established under the Labour Act 11 of 2007, the office is mandated to register trade unions and employer organisations and to handle conciliation, mediation and arbitration of labour disputes.
However, Amunjela argued that its placement within a government ministry, combined with reliance on ministerial administrative and financial systems, has created doubts about its neutrality.
“It’s not very clear whether there is independence or not when you sit under a ministry,” he said.
He added that the current structure presents service delivery challenges and has contributed to a perception that decisions may not be entirely free from influence. Lengthy delays, unresolved disputes and limited staffing have further eroded public trust, with some cases reportedly stretching over years and placing financial and emotional strain on both employees and employers.
To address these concerns, Namibia has drafted the proposed CADR Bill, which has already been approved by Cabinet for public consultation.
The Bill seeks to establish the Commission for Alternative Dispute Resolution as an independent juristic entity with authority to issue enforceable awards, subpoena parties, impose penalties for non-compliance and oversee trade unions and employer federations.
Under the proposed framework, a governing board comprising representatives from government, labour and independent members would provide strategic oversight, while a fixed-term executive commissioner would ensure operational independence and merit-based leadership.
Transitional provisions are expected to transfer existing functions from the Labour Commissioner’s Office to the new commission without disrupting ongoing services.
Amunjela emphasised that the reforms aim to professionalise arbitration, conciliation and mediation services, strengthen governance and restore public confidence.
Clear timelines for dispute resolution and enhanced enforcement mechanisms are expected to tackle the backlog of unresolved cases. Specialised training, improved recruitment processes and cybersecurity safeguards are also planned to ensure timely and impartial outcomes.
The proposed CADR would further enhance accessibility across Namibia, ensuring employees and employers understand and can access alternative dispute resolution mechanisms.
“At times, people ask, ‘What is an arbitrator?’ This shows how inaccessible services are. The commission will bring services closer to the people while maintaining fairness and independence,” Amunjela said.
If enacted, the CADR Bill would represent the most significant reform of Namibia’s labour justice system since the Labour Act of 2007, aligning the country with regional peers such as Eswatini and strengthening the credibility, efficiency and impartiality of its labour dispute resolution framework.
