The strike is onThe High Court has dismissed a last-ditch attempt by the government to stop a teachers’ strike scheduled to commence today. Government application dismissed Namibian teachers can go ahead with their planned strike today.Last night High Court Judge Thomas Masuku dismissed a government application which sought to temporarily suspend the strike to allow time for strike rules to be revised to avoid disrupting national examinations that started in late September.
In fact, while the High Court was listening to arguments from lawyers representing the Namibia National Teachers’ Union (Nantu) and the government, various principals wrote to parents, informing them not to send their children to school due to the strike.
Even Nantu announced picketing points for the strike earlier yesterday.
A teacher from Ongwediva Junior Secondary School told Namibian Sun that the strike was definitely on unless Nantu says otherwise.
“The government knew from the beginning learners have rights too and they must not come tell us to consider children’s rights now. Teachers have rights too,” said the teacher, who requested anonymity.
The teachers’ strike affects 700 000 pupils from over 1 700 public schools countrywide.
Teachers are demanding a salary hike of 8%, while the government offered 5%.
Four respondents were listed in the application, starting with the Namibian National Teachers’ Union (Nantu), the Labour Commissioner, the conciliator Maiba Bester, and the Inspector-General of the Namibian Police.
Lawyers representing the teachers had earlier argued that government’s application for an extension was frivolous and must be dismissed.
If it genuinely cared about the learners the government must start by paying its teachers properly, the teachers’ lawyer, Raymond Heathcote, submitted yesterday.
He questioned the government’s sudden concern for children, if it did not see the need to declare teaching an essential service when the Labour Act was adopted in 2007.
“It knew that teachers teach children. Despite this, parliament did not exclude teachers from the application of the Act, like it did in respect of members of the Namibian Defence Force, Police Force, Namibian Central Intelligence Service and the prison service,” he said.
Heathcote also called the Inspector-General Sebastian Ndeitunga’s submission that his duty is to prevent the occurrence of industrial action a “rather peculiar duty”. According to him, the police general’s whole affidavit was premised on the assumption that all striking teachers would act unlawfully.
“With respect to the general, if the court should accept his opinion, then it would simply mean that despite the guaranteed right to strike, no public servant will ever be able to go on strike,” he said.
Government attorney Andrew Corbett said the ramifications of a national strike by over 19 000 school teachers went beyond the confines of industrial action and would affect innocent third parties in a drastic and profound manner.
“What government does not accept is that innocent third parties to the industrial action, the 707 873 learners at Namibia’s primary and secondary schools of whom 115 875 are writing grade 10 and grade 12 examinations, should be used as a bargaining chip,” he stated.
Heathcote, assisted by Florian Beukes, represented Nantu on the instructions of the Metcalfe law firm, while Corbett, assisted by Jabulani Ncube, defended the government on the instructions of the Office of the Government Attorneys.