NBC slammed for suing parliament over bonuses

Analysts have criticised the Namibian Broadcasting Corporation’s move to take the parliament to court, calling it a waste of public funds and “a poor executive approach”.

The legal challenge stems from a report published on 18 February regarding a Namibian Broadcasting Corporation (NBC) strike that took place from April to May 2021, disrupting radio and television broadcasts.

In the report, a parliamentary committee said the strike was the result of the payment of N$5.4 million in executive bonuses while employees’ demands for salary increases were denied.

NBC director general Stanley Similo in an affidavit claims the parliamentary committee failed to consider the broadcaster’s comprehensive representations regarding the strike.

He says the report lacks factual support and sufficient evidence for its findings.

Similo wants the High Court to disregard the parliamentary report, and is also asking for “relief and costs”.

Analyst Ndumba Kamwanyah says there is no need for the entity to go to court, but rather for executive individuals to do so.

“It is a pity that the NBC is trying to go through the process of the court in that report, wasting public funds,” he says.

“If they are aggrieved they should go as individuals, not as the NBC. I don’t think there is a need for a public entity to go to court, because it costs a lot of money,” he says.

Minister of information and communication technology Emma Theofelus yesterday said the ministry is currently discussing the matter with the NBC board.

“The Ministry of Information and Communication Technology is aware of the NBC’s action and we are in discussion with the NBC board of directors regarding the matter.” Corporate law expert Ntelamo Ntelamo says there are two ways to resolve disputes – through litigation and alternative dispute resolution.

“Parties would be encouraged to explore alternative dispute resolution ways first for being cheaper and faster,” he says.

Ntelamo says litigation is costly and may be time-consuming.

Similo on Sunday said: “I can confirm that the NBC has taken this matter to court. However, as the case is currently sub judice, I am unable to comment any further at this stage.”

The NBC board chairperson yesterday, however, declined to comment.

Parliamentary committee chairperson Nono Katjingisiua says she first needs to take the matter up with the relevant structures of the National Assembly before reverting.

“The report was approved by the parliament, and the head is the speaker, so it will be under that structure.”

United People’s Movement president Jan van Wyk says the lawsuit is a wake-up call to parliamentary standing committees to ensure factual information that would not only benefit involved institutions, but also strengthen the role of the parliament in its oversight functions.

“I, therefore, believe the NBC acted correctly, although it’s costing taxpayers money. I believe the committee, although having the responsibility of overseeing the NBC, has not only failed to address the issue of the strike, but has also failed to submit the report to NBC for their input before tabling it in the National Assembly.

“The late tabling of reports just before the closing of the term is, however, of great concern,” he says.