Africa-Press – Namibia.
The Rally for Democracy and Progress (RDP) presidential candidate, Mike Kavekotora, has criticised the Minister of Justice and Labour Relations, Fillemon Wise Immanuel, accusing him of overstepping his mandate by interfering in the internal operations of private institutions.
Kavekotora’s remarks come in response to media reports alleging that the minister instructed the management of Cheetah Cement in Otjiwarongo to replace Chinese nationals occupying non-specialised roles, specifically two chefs and an administrative worker, with Namibian employees.
“It is important for government leaders to understand the different levels of management and their respective responsibilities. Ministers are strategic leaders who should focus on broader policy matters, not micromanage operational issues that fall within the jurisdiction of labour inspectors,” Kavekotora argued.
He continued, “I was stunned to read that the minister allegedly instructed Cheetah Cement to replace specific staff members. This kind of interference is inappropriate and raises serious concerns about governance and the misuse of political power. He is paid to operate at a strategic level, not to intervene in the recruitment of kitchen staff.”
Kavekotora warned that such conduct could deter foreign investment and disrupt business operations.
“Will the minister now visit every company to police their staffing decisions? Labour inspectors are employed for that very purpose. If there are systemic labour issues, the solution lies in policy reform and not operational interference. His actions border on harassment,” Kavekotora maintained.
He further questioned whether the minister considered Cheetah Cement’s claim that the company had already reduced its Chinese workforce from 120 to just 27. “That’s a significant reduction. It warrants recognition, not punitive directives,” he said.
Responding to accusations of micromanaging, Immanuel defended his proactive approach, stating that it is not enough for a minister to remain confined to an office while workers are facing serious issues on the ground.
“Why does Kavekotora believe a minister should just sit in an office while workers are stranded and suffering? This is not going to be business as usual,” Immanuel said. He added, “Workers are not getting the response they need regarding how they’re being treated in their workplaces. These are real bread-and-butter issues affecting our people”
Immanuel emphasised that while there are established mechanisms, such as labour inspectors for addressing labour disputes, these processes have become slow and frustrating for many workers. According to him, the situation requires urgent, first-hand attention.
“Yes, we have procedures in place, but the delays in resolving labour disputes have left workers vulnerable to unfair labour practices across the country. Sometimes, to understand whether policies are working or not, it takes more than reports; it requires first-hand experience,” Immanuel said.
Responding directly to Kavekotora’s claim that ministers should stick to policymaking and leave operational matters to inspectors, the minister argued that it is the minister’s responsibility to ensure full compliance with the law, including engaging directly with the realities on the ground.
“As ministers, we are accountable for the enforcement of the laws under our portfolios. That includes going into the field to observe how those laws are being implemented. It’s not just about drafting policies and pushing papers from one office to another,” he explained.
He further stated: “When we speak about doing business unusually, it means being hands-on and responsive to the needs of the people. That’s what responsible governance looks like.”
Immanuel also expressed surprise that a seasoned politician like Kavekotora would make such remarks.
“For someone who has been in Parliament, who understands both the political and administrative sides of governance, I would have expected a better appreciation of the ministerial role,” he said. “Perhaps it’s the distance between us that has caused this misunderstanding.”
He concluded by inviting Kavekotora to engage directly. “I welcome him to come to my office so we can have a constructive conversation and align our understanding on how we move forward as a government,” he said.
Unlawful
Echoing Kavekotora’s concerns, legal expert and academic John Nakuta warned that the minister risks violating constitutional principles if he continues to interfere in administrative matters.
“The minister must be careful not to become the villain in this situation. Article 18 of the Namibian Constitution requires that all administrative decisions be lawful, fair, and reasonable under all circumstances,” Nakuta explained.
He emphasised that Namibia has evolved from a “culture of authority” to a “culture of justification,” which demands that public officials not only act within their legal powers but also provide sound justification for their decisions.
“Even if the minister’s actions are legal, they must still pass the tests of fairness and reasonableness. Otherwise, his decisions may be unconstitutional,” Nakuta noted.
Nakuta asserts that “Yes, we commend the minister’s zeal to address labour issues, but he must not become part of the problem by acting unlawfully or unfairly. Every decision must align with the law. That is how we build and strengthen institutions,” Nakuta said.
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