SWAKOPMUND – Attorney General Festus Mbandeka has asked the High Court to dismiss an application brought by the Okapare Fishermen Association, arguing the applicant lacks locus standi.
In law, locus standi refers to the right or capacity to bring an action or to appear in court.
The Okapare Fishermen Association has dragged the agriculture and labour ministries, government, and Ombudsman to court, seeking relief around fishing quotas, employment disputes and constitutional violations.
The chairperson of the association, Godfried Kuhanga, who represents current and former fishermen, stated in his founding affidavit filed last year that the association was established to secure and manage fishing quotas for its members and promote the fair distribution of marine resources.
According to him, the grievances date to 3 October 2014, when fishermen staged a peaceful demonstration backed by their union against unfavourable working conditions at sea.
An inspection by the labour ministry later confirmed that several fishing companies had violated provisions of the Labour Act; however, the issues were never resolved.
He furthermore states that efforts to resolve the matter through consultations and a proposed memorandum of understanding (MoU) continued between 2014 and 2015, but the process later stalled due to delays and lack of agreement.
“In 2015, fishing companies initially agreed to pay overtime and back pay but later failed to honour the agreement. This led to an industrial strike involving about 4 000 fishermen, with the government stepping in to mediate. A subsequent MoU was signed without the involvement of the fishermen, who rejected it,” his affidavit reads.
The fishermen took the legal route; however, their application was dismissed by the High Court in 2020 due to lack of legal standing.
According to Kuhanga, 645 fishermen were assigned to various joint venture and labour-hiring companies, but many did not secure proper employment or were placed on low wages.
“Despite government interventions, including a parliamentary inquiry that recommended solutions, these were not implemented. Concerns were also raised over fishing quota allocations, with some companies lacking capacity receiving quotas while others with vessels were excluded,” he added.
These repeated engagements with ministries, regional authorities and the Ombudsman, the fishermen say, have led to no resolution being reached, leading to the current application before the court.
Kuhanga further stated that hundreds of fishermen were left unemployed or trapped in ineffective employment arrangements following years of disputes dating back to 2014. These included strikes, failed agreements, and disputed arrangements between unions, government and fishing companies.
The association also pointed out that fishing quotas intended to create employment were instead allocated to private companies without proper consultation or delivery of promised jobs, leaving affected fishermen in financial hardship.
As a result, they approach the court to seek intervention to review quota allocations as well as instruct an investigation into alleged mismanagement and restore employment opportunities.
Affidavit
In his answering affidavit, Mbandeka said the applicant lacks legal standing and argued that it had not shown it was properly authorised to bring the case on behalf of its members.
He further questioned the validity of the founding affidavit, saying that it was not properly commissioned and that it was certified by a cadet constable, who is not a qualified commissioner of oath.
“This rendered the application defective,” he said.
Mbandeka also argued that there was no resolution authorising Kuhanga to act on behalf of the association and that there was no clear evidence of membership or authority to institute a class action.
According to him, government acted in line with Article 95 of the Constitution, which requires the State to promote the welfare of the people through policy and legislation.
“The Government of Namibia established a taskforce to investigate the plight of the fishermen,” he said.
He further stated that amendments to the Marine Resources Act empowered the fisheries minister to allocate quotas in the public interest and enter into agreements with designated entities.
Mbandeka said fishing companies had been engaged to absorb affected fishermen, although he acknowledged that the programme faced challenges and was subject to an auditor general’s review.
“Government did not violate any constitutional or statutory obligations and demands for fishing quotas could not be met within broader national priorities,” he said.
He also disputed several allegations raised by the association, saying some documents referenced by the applicants were not part of official government records.