By Magreth Nunuhe
WINDHOEK – President of the Teachers’ Union of Namibia (TUN), Mahongora Kavihuha has accused government lawyers for what he termed “underhand ways” to deliberately delay the process and influence the decision of the judge after government was interdicted from making deductions on teachers’ salaries or issuing them with final written warnings.
“It is with utter shock and dismay that TUN on Monday (last week), learned that the lawyers representing government made further submissions without the consent of our lawyers and or leave from court,” he said, adding that this was while the final judgment was expected to be ready by 29 November (Friday) and the arbitrator’s proceedings have also been concluded.
Kavihuha claimed they were not informed about the new submission, while the practice is that whenever further submissions are made, both parties must approach court for permission to file additional submissions and bring a notice application to the other party.
“We are disappointed in these underhand ways,” he lashed out and he further charged government attorneys were undermining the process and overstepping TUN.
He said this was an attempt to influence the judgment and questioned why government was so “desperate.”
“We will not sit and watch. Ultimately it’s our responsibility to ensure laws are upheld,” he said.
Kavihuha said the issue was not whether they support illegal strikes as that case was already concluded and they were found guilty and punished.
He said it was about the wrong procedures government followed to claim back money that they already paid to the teachers. The only way government could deduct that money was with a court order, collective agreement and with consent of the employees.
“The law is clear; no work, no pay, but if you paid, there are procedures to follow,” he maintained, saying that government’s initial submission was submitted late without any attempt to obtain consent from TUN lawyers.
“TUN condemns in the strongest way possible this conduct and calls upon government to litigate in a fair and open manner,” he said.
The Teachers Union of Namibia (TUN) obtained a High Court interdict which restrained the Minister of Education and the Public Service Commission (PSC) to deduct money from teachers’ salaries following their illegal strike last year November.