The Ministry of Labour, Industrial Relations and Employment Creation says it has no jurisdiction over the Rundu service station whipping case.
The Namibian last month reported on a case of alleged workplace abuse at a service station at Rundu.
The station’s employees were allegedly beaten by their employer, Micke du Preez, in exchange for loans.
The incident has sparked outrage and has led to an investigation by the labour ministry.
Ministry spokesperson Maria Hedimbi last week said the ministry’s investigation has established that the matter is an assault case, which the ministry has no mandate over, although it occurred at the workplace.
“The matter is being handled by the Namibian Police as a competent authority in that regard,” she said.
The alleged assault on the service station’s employees has drawn widespread condemnation from the public as it highlighted workplace abuse.
Thus far, two of the victims, Sammy Monyai and Willem Duran, have opened cases at the police against their former employer.
Other employees have said they considered the whipping as a game between themselves and Du Preez.
The case is treated as a common assault by the authorities.
Kavango East police crime investigations coordinator deputy commissioner Bonifatius Kanyetu said the docket was forwarded to the public prosecutor’s office.
He said Du Preez has admitted guilt and was fined.
Du Preez’s lawyer, Richard Metcalfe, yesterday confirmed that his client was fined N$1 000 in the case Duran opened.
Meanwhile, Monyai said he was surprised that the case was handled as they have not been informed of this.
“I am hearing this from you for the first time. Why did the police not inform us or the labour officers?” he asked.
Human rights lawyer Norman Tjombe says he is representing Monyai and Duran.
Labour expert Thomas Shangula says there is not much the victims can do regarding the fine, as common assault cases are handled by the police and not the Office of the Labour Commissioner.
“That is the unfortunate side of the law. It can only become a labour case if they were unfairly dismissed. To change takes long as it has to be done by parliament,” he says.
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