Even though Shoprite Namibia has withdrawn its urgent application against the Namibia Food and Allied Workers Union (Nafau) and its members who were on strike over better pay, the union has proceeded with an application to have the company and its directors convicted of contempt of court.
According to the union, the managers, Paul Malan, Willem Pienaar, Cristoffel Labuschagne and Cornelius Komomungondo failed to comply with an order made by Judge Shafimana Ueitele on 8 January interdicting them to employ “seasonal employees” to do the work of striking staff members.
The application against Komomungondo was withdrawn after it came to light that he has resigned as a director of Shoprite. The union claims that for the period of 8 January to 13 January when Shoprite filed an appeal against the ruling of Ueitele, the company’s directors were in blatant contempt of the order.
Shoprite countered that the labour court does not have the jurisdiction to hear an application of this nature, as it contains broader legalities that it cannot grant.
The union on the other hand disagree and insists the labour court is a division of the High Court and as such retains its inherent powers, including the power to entertain and determine contempt proceedings.
Acting Judge Collins Parker allowed Uno Katjipuka-Sibolile and Nixon Marcus on behalf of the union to argue the merits of the matter.
According to Katjipuka-Sibolile, the company flagrantly disobeyed an order issued by the High Court of Namibia and must bear the consequences.
According to her, the directors in question in the face of the clear terms of the court order continued to use so-called seasonal workers (fixed term employees) and managerial employees, including trainee managers and sometimes even personnel not even employed by Shoprite to do the work of striking employees.
She further stated that the company also refused to allow representatives of the union to remain on its premises and in as from 13 January imposed a complete bar of entry and none of the representatives were allowed in for monitoring purposes on account of the appeal lodged by the company.
The union further contends that this action of the company flies in the face of rule of law and cannot be allowed. More importantly, they said, it demonstrates Shoprite’s blatant disrespect for the court.
“In placing itself above the reach of this court’s orders when they are directed at it, while using this court as a tool in its belt to be directed at others, the employer conducts itself in derogation of the court’s dignity as well as in derogation of the due administration of justice,” they argued.
They were of the further view that if such conduct is allowed, there is a real risk that the public at large will disobey court orders which would very quickly lead to anarchy. Tuhafeni Muhongo, instructed by Kennedy Haraseb on behalf of the Shoprite directors, argued that once the company lodged the appeal against the court order, it was no longer valid and as such could not have been breached.
Furthermore, they contend that the employees knew that the order was subject to an appeal and that matters arising from the order was still subject to litigation between the company and the striking employees.
Judge Parker will deliver his ruling on the application on 9 March. The urgent application was filed in the middle of a strike by Shoprite workers who were demanding better pay and benefits. The two parties, however, reached an agreement last weekend, effectively ending the strike that started in December last year.
-rrouth@nepc.com.na