The Rule of Law and the wheels of Justice

The authority to adjudicate labour disputes is subject to compliance with the regulations, rules and provisions contained in legislation.

The arbitration of labour disputes must, and should, be preceded by compliance with the administrative requirements. Even though frustrating for the complainant, powers cannot be exercised unless the process commenced in line with the prerequisites. Those in power, who wish to exercise its discretion for some of other reason, will step over the line by getting involved or failing to ensure compliance.

Great, in normal language it means that if the process is not followed and rule snot adhered to, those that exercise the powers do so without legislative authority and are overstepping the basic principles of the Rule of Law. Statutory appointed Conciliator and Arbiters must adhere to the rules and ensure that parties comply with the rules, regardless of the sad story behind the complaint.

If they cannot follow their own rules, the public will continue to mistrust their competencies and abilities, which are the corner stone of justice.

We have seen cases won and lost based on the wording of a power of attorney, at first it appears to be that justice was not done, but in absence of compliance with the prerequisites, the authority to adjudicate has not come into force, and whatever is done thereafter, could be worthless.

Follow the letter of the rules and regulations and its opens the door to justice, ignore it and injustice will follow.

No Smoking Please

Namibia joined a large number of countries that undertook to regulate smoking. The Tabacco Control Act has been promulgated but has not come into force. Although smokers and non-smokers have been talking a lot about it, it is mostly restaurants that became concerned about the impact it will have on there businesses.

It is clear that the Regulations which has not been published yet will be a corner stone for the implementation of the Act. A positive point in development of law in Namibia is the fact that draft regulations must be published and the public will be invited to comment during a period of three months before the regulations will be accepted. This means that the Tobacco Control Act will not come into force in the near future.

I hope that this Act will not follow the "new" Criminal Procedures Act" or "new" Companies Act and many more that has been promulgated but of which the coming into force depends on never ending struggle to ensure that the implementation will be practical possible - if that is the delay in the coming into force of it.

Be that as it may, the Tobacco Control Act does not permit a "smokers corner" in a restaurant, bar or place entertainment or at the work place. So we probably will see the smokers taking off to the streets, once the Act comes into force. I just hope they take their ashtrays with them.