Govt warns medical interns against ‘illegal’ strike

… Downing tools will be detrimental to public health services; ‘violates’ Labour Act – ministry

Katutura Intermediate Hospital medical superintendent Dr Nelago Amugulu has told over 300 medical interns to “carefully consider” the Labour Act and the consequences of a strike.

A group of government medical interns on Tuesday demonstrated and threatened to stop working within five days if the government does not pay them for having worked overtime, among other demands.

One of their demands is an allowance of N$23 000 per year (approximately N$1 916 per month) for first- and second-year interns, and N$1 600 per month for third-year interns after tax has been deducted.

The group is demanding health benefits and medical aid.

This comes after the minister of health and social services’ office argued that medical interns do not qualify for overtime payment as they are not considered government employees.

Tuesday’s petition was received by deputy executive director of health and social services Romanus Kawana.

In a letter seen by The Namibian, Amugulu on Tuesday wrote to the interns, saying unauthorised demonstrations or strikes by essential workers violates section 75 of the Labour Act.

This exposes participants to sanctions, including disciplinary action, civil liability, and other penalties, she said.

“These provisions aim to balance individual constitutional rights with the collective rights of the public to uninterrupted essential services,” Amugulu wrote.

The superintendent reminded the interns that they are engaged in services designated as essential, and the interruption of such services could have serious consequences for the nation’s well-being.

“The Labour Act … imposes additional restrictions to ensure continuity of critical services, requiring that any grievances or intended industrial actions be brought before the essential services committee,” she said.

Amugulu said the group’s notification of a possible strike, addressed to the hospital management instead of the essential services committee, fails to “satisfy this mandatory procedural requirement and does not conform to legislative demands”.

The act states the essential services committee must recommend to the Labour Advisory Council that a service is essential if the interruption of that service would endanger the life, personal safety or health of the country’s population.

Amugulu said the notice omits the names and signatures of the group’s representatives and the scope of their representation.

“These omissions undermine the credibility of your notice and further render it non-compliant with the legal requirements for initiating such a process,” Amugulu wrote.

The medical interns’ legal representative, Wilbard Kagola of Henry Shimutwikeni law firm yesterday confirmed the discussion.

“The medical interns’ representatives and myself had a discussion about it,” he said.

Ministry of Health and Social Services spokesperson Walters Kamaya yesterday confirmed receiving questions on the interns and their demands.

“We confirm receiving the questions,with regards to the question of tax, take it up with the Namibia Revenue Agency,” he said.

Medical intern spokesperson Sam Endjala yesterday said the group’s legal representative advised them not to strike, but to stage a peaceful demonstration in line with the law.

He said the interns ensured that the service delivery and health of patients were not affected by the demonstration, with some remaining at the hospitals’ emergency wards.

Endjala said the interns would revert to their normal working hours required by the National Health Council of Namibia if their demands are not met.

“The law says we must be compensated. They should communicate with us if they cannot pay us and why,” he said.

“We were advised not to to strike, but to hold a peaceful demonstration, which we did,” he said.

However, Endjala said the interns met with Amugulu who was under the impression that the students were striking instead of holding a peaceful demonstration.

“We met with Dr Amugulu. There is a difference between a strike and a demonstration. What we had was a peaceful demonstration,” he said.

Endjala confirmed that the interns notified the hospital management instead of the essential services committee.

“We met with Dr Amugulu before our demonstration, who told us to change a few things in our petition,” he said.