THE Supreme Court has ruled that section 128 of the Labour Act of 2007, providing for the ban of the labour-hire system, is unconstitutional. Now it should be back to the drawing board for us to ensure that labour hire is properly regulated to prevent exploitation.

The decision by the Supreme Court this week was a controversial one, and immediately led to outraged reaction by the National Union of Namibian Workers (NUNW) which had strong words to say about both the judgement and the judges.

This in turn was condemned by the Society of Advocates as well as the Legal Assistance Centre (LAC), both of which called on the NUNW to respect the rule of law.

The Minister of Labour was more measured in his response, and while saying Government did not agree with the Supreme Court decision, he said it would respect the court's authority but would also ensure that labour hire was not practised in the future as it had been in the past and that Government would enact legislation to ensure it was governed by a strong administrative framework.

We agree that this is the way to go forward. The principle of labour hire may be an important one, especially in a country with a very high unemployment rate, but it cannot be allowed to perpetuate exploitation of workers to the benefit of middlemen; to provide ways around employer adherence to the Labour Code; and to shut out unions, among others.

We would therefore encourage Government to consult widely across the board prior to the drafting of legislation which should have as its end goal the strict regulation of a practice that is wide open to exploitation of workers unless it is properly monitored and administered.

Wishes For The Holiday Season

THE staff and management of The Namibian wish all our readers, advertisers, service providers and customers a happy festive season and a prosperous 2010. The year 2009 was a very good year for us as our loyal readers and supporters have helped us to grow even in these difficult economic times to consolidating our position as the biggest-selling newspaper in Namibia.

2010 is not just a historical year because our independent nation will turn 20, but because it will also be the year that we will celebrate, with the Namibian people, 25 years of fiercely independent and fearless reporting. We look forward to sharing with you all the changes that lie ahead for the newspaper in 2010 and beyond and will keep you all appraised as we go.

The last edition of The Namibian for 2009 will appear on Tuesday, December 22. As the big lull sets in our staff takes a well-deserved break of a few days to recharge our batteries and return with renewed vigour. The first edition of The Namibian for 2010 will be on the streets on Tuesday, January 5.

As we always do, we urge Namibians to enjoy themselves responsibly, spend their money wisely, drive safely and cautiously and think of those less fortunate than ourselves in this festive period.

We hope for a recess that is characterised by peace and safety for all and urge the public to do what they can to assist law enforcement authorities and work towards this goal.