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September 2. 2022. |
SA 53/2020. |
Supreme Court of Namibia |
Labor law; right to conduct a business |
The High Court of Namibia abrogated a presidential emergency order make it an offence for an employer to terminate employment contract, force leave, reduce remuneration or refuse to reinstate an employee, and also to delegate on certain ministers the power to enact the detailed regulation of this offence. |
The High Court of Namibia heard a challenge against a presidential order adopted at the beginning of the public health emergency, which suspended the Labor Code adopted in 2007. and also provided special labor rules for the period of the public health emergency. According to the challenged presidential order, it is an offence for an employer to terminate an employment contract, to force leave, to reduce the remuneration of the employee, or to refuse to reinstate an employee during the public health emergency. Delegated power was also provided for certain ministers to enact the detailed rules. The applicants considered that these provisions regulated the conducts of employers with a retrospective effect, and has not sufficient link with the public health emergency, therefore, the impugned measures were constitutional. However, the delegation of regulating power was constitutional. |
https://namiblii.org/akn/na/judgment/nasc/2022/28/eng@2022-09-02 |
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https://www.covid19litigation.org/case-index/namibia-supreme-court-namibia-sa-532020-2022-09-02 |
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June 23. 2020. |
Case No. HC-MD-CIV-MOT-GEN-2020/00136. |
High Court of Namibia |
Labor law; right to conduct a business |
The High Court of Namibia abrogated a presidential emergency order make it an offence for an employer to terminate employment contract, force leave, reduce remuneration or refuse to reinstate an employee, and also to delegate on certain ministers the power to enact the detailed regulation of this offence. |
The High Court of Namibia heard a challenge against a presidential order adopted at the beginning of the public health emergency, which suspended the Labor Code adopted in 2007. and also provided special labor rules for the period of the public health emergency. According to the challenged presidential order, it is an offence for an employer to terminate an employment contract, to force leave, to reduce the remuneration of the employee, or to refuse to reinstate an employee during the public health emergency. Delegated power was also provided for certain ministers to enact the detailed rules. The applicants considered that these provisions regulated the conducts of employers with a retrospective effect, and has not sufficient link with the public health emergency. Moreover, the delegation of regulating power is also unconstitutional. The High Court shared most of the arguments of the claimants, the impugned regulation was nullified. |
https://ejustice.moj.na/High%20Court/Judgments/Civil/Forms/DispForm.aspx?ID=5290 |
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https://www.covid19litigation.org/case-index/namibia-high-court-namibia-main-division-windhoek-case-no-hc-md-civ-mot-gen-202000136 |
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June 12. 2020. |
HC-MD-CIV-MOT-GEN-2020/00080. |
High Court of Namibia |
Access to justice; right to a fair trial |
The High Court of Namibia rejected a claim challenging the delay of a criminal trial during the public health emergency. |
The High Court of Namibia heard a case concerning the delayed commencement of a criminal proceeding. The applicant argued, that due to the pandemic, inmates were banned to receive visits, therefore, he was unable to fulfil his tasks in the criminal proceeding, which resulted the delay of his trial. The High Court rejected the claim as ill-founded, since the ban on visits was a reasonable public health restriction, while the applicant also contributed to the delay of the proceeding with his own faults. Therefore, his claim lacked any merit to be considered. |
https://namiblii.org/akn/na/judgment/nahcmd/2020/221/eng@2020-06-12 |
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https://www.covid19litigation.org/case-index/namibia-high-court-namibia-hc-md-civ-mot-gen-202000080-2020-06-12 |
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