Teachers' strike hits 700 000 Counting the cost of industrial action The looming strike action by teachers will affect over 700 000 pupils in 1 796 public schools across the country, the education minister argues. The government yesterday lodged an urgent court application to interdict the Namibia National Teachers'' Union (Nantu) and its members from embarking on a nationwide strike scheduled for Thursday.Government argues that the seven-day notice given by Nantu is not sufficient to allow them to plan for alternatives and is seeking a 30-day notice period instead. The teachers are demanding an 8% salary increase, while the government offered 5%.
The seven-day notice period as one of the ''rules of the strike'' was decided by a conciliator from the Office of the Labour Commissioner after the two parties failed to reach consensus on some of the rules.
The applicant in the matter is Prime Minister Saara Kuugongelwa-Amadhila.
In her founding affidavit she said that her lawyer wrote to the respondents, which include Nantu, the labour commissioner, Bester Maiba, and the Inspector-General of the Namibian Police, Sebastian Ndeitunga.
In the letter, the government lawyer indicated the serious difficulty and disputes they have surrounding the interpretation and application of the strike rules.
Hence, in the notice of motion of the application she asked for an order interdicting or restraining the respondents from carrying out or performing any activity in furtherance of the scheduled strike.
The Public Service Commission and the Minister of Education, Arts and Culture, Katrina Hanse-Himarwa, are the other applicants in the urgent matter.
Meanwhile, Hanse-Himarwa stated that the strike will have serious implications on the national examinations and will paralyse the education sector as a whole.
She confirmed the founding affidavit of the prime minister insofar as it relates to her both in fact and in law and supported her pleadings relating to urgency and the grounds for interdict.
Hanse-Himarwa particularly mentioned the irreparable harm that would be suffered by the government and the learners if the strike proceeds.
She further emphasised there a total of 707 878 learners from grade 1 to grade 12 are being taught in 1 796 public schools across the country.
“I submit that these pupils will be affected as no teaching and learning will occur in schools,” Hanse-Himarwa said in the supporting court documents.
She added that as a consequence, school examinations which are requisite for grade promotion will be adversely affected and compromised to the extent that they may not even take place if the anticipated strike takes place.
“The primary school learners are minors and they cannot be in school unattended and unsupervised especially those that reside in hostels,” Hanse-Himarwa said.
“The academic year will be interrupted as without teachers I will be compelled to close schools countrywide. Leaners will be deprived of being taught and will be unprepared for the examinations,” she argued.
Nantu initially following a process of negotiations on an 8% salary increment to the employees in the bargaining unit declared a dispute.
The labour commissioner subsequently appointed a conciliator to assist the parties to resolve the dispute and after that could not be reached decided in voting on the strike commencing 13 October.
The parties endeavoured to reach an agreement in respect of the strike rules that would be applicable during the strike without success.
A certificate of unresolved dispute was issued and thereafter the parties were engaged in the process of formulating the strike rules after the respondents'' members voted in favour of the strike.
“The engagement failed. The parties could not agree on certain limited issues which must form part of the strike rules,” Kuugongelwa-Amadhila explained.
As a result a conciliator was obliged to determine the rules in terms of Code of Good Practice on Industrial Actions and Picketing published in the Government Gazette of 19 October 2009.
However, Kuugongelwa-Amadhila argued that the conciliator failed to take into consideration that is it is logistically impossible for government to prepare for the huge extent of the strike across the country in seven days as contemplated by Rule 6 of the Code of Good Practice on Industrial Actions and Picketing.
“The conciliator failed to consider that schools are not the employer of the teachers but the government is the employer,” she argued.
The conciliator''s strike rules indicated that the picketing during the strike must be 500 meters away from schools as a lesser proximity will interfere with teaching, learning and particularly those who are currently undergoing national examination.
The prime minister said the rules failed to pay attention to the requirements of Article 20 of the Namibian Constitution which obliges government to ensure that the right to education is enjoyed and protected.
“The government must ensure that primary education is compulsory and must provide reasonable facilities to render effective the right to education,” she argued. She added that regrettably the conciliator''s decision does not even purport to pay attention to these constitutional imperatives.
Acting Judge Thomas Masuku postponed the matter to tomorrow for hearing.
Advocate Raymond Heathcote assisted by Florian Beukes are representing Nantu on the instructions of the Metcalfe law firm.
Advocate Andrew Corbett assisted by Jabulani Ncube is defending government on the instructions of the Office of the Government Attorneys.