Background
The Israeli–Palestinian conflict is an on-going dispute between the Jewish and Arab peoples living in Palestine under Ottoman or British rule.
There are numerous issues to resolve before a lasting peace can be reached, including strong emotions relating to the conflict on both sides; Palestinian concerns over Israeli settlements and land; status of Jerusalem; Israeli security concerns over terrorism, safe borders, incitements, violence and Palestinian refugee issues.
These are encapsulated as the six core issues:
• Jerusalem
• Palestinian refugees of the 1948 war
• Israeli settlements in the West Bank
• Israeli security concerns
• International status
• Water resources
Peace proposals
Generally speaking, the peace process is driven by the US and Israel’s Arab neighbours, most prominently Egypt. The proposals are for either:
a. Two-state solution
This would entail the creation of an independent Palestinian state alongside an independent Jewish state.
b. One-state or binational state
This would mean all of Israel, the Gaza Strip, and West Bank would become a bi-national state with equal rights for all
In either of these scenarios, it is expected that Israeli and Palestinian administrators will have to work together to manage the day-to-day running of their state(s). These include issues such as border control of goods and people, education systems, water resource management, etc.
Education Proposal
It is proposed that present and future administrative employees (public administration graduates) be identified from both sides and be invited to participate in training programmes in Germany that focus on these specific administrative issues. The curriculum will focus not only on the necessary educational qualification necessary but will also include classes on integration, and the potential solutions for the six core issues.
It is also possible to have some of the classes presented by recognised experts (in administration issues and politics) from both sides of the conflict.
Contribution to the Employment Service Bill By Chief Ankama
PARLIAMENT OF THE REPUBLIC OF NAMIBIA
NATIONAL ASSEMBLY
September 2010
BY Chief Ankama, SWAPO MP & Deputy Minister: MWT
Comrade Speaker
Fellow MPs
The Bill on the floor of this eminent House in my view is long overdue. Almost two years ago for three consecutive sessions of parliament I tabled here a motion on unemployed Namibians both professional trained and those without. When I motivated the said motion for the first time, the idea was to get a prompt reaction from the floor of this august house across the political spectrum represented here. Sadly the debate was shoddy and it had to tabled for the second time in hope for improved contributions.
Even for the second motivation many of us in this house did not take the motion on unemployed Namibians as serious shown by the poor debate and therefore the motion was re-tabled for the third consecutive time.
Comrade Speaker
Honourable Members
The Employment Service Bill squarely responds to motion on unemployed Namibians with or without professional qualifications as tabled during the last session of our parliament which was aimed to; (quoting myself-open quote)
1. discuss, assess and ascertain the seriousness of unemployed Namibians with professional trainings and qualifications obtained from recognized educational institutions here in Namibia or abroad;
2. which further examine the general unemployment of all able bodied people in Namibia in view of government sponsored initiated projects such as the green schemes, agricultural colleges in the country and vocational training institutions as a matter of example.
3. it challenged the government and private sector partnership to open up in the provision of relevant skills and creation of job opportunities for the unemployed Namibians.
4. and insisted that unemployment be critically investigated in relation to our national investment policies and further discover the unemploy-ability of all those unemployed for recommendation and appropriate action in favour of their predicament. (Close quote)
Comrade Speaker
Honourable Members
Now the Employment Service Bill before us as introduced by the Hon. Minister of Labour and Social welfare, seeks our undivided support for us to meet the unemployment situation in our country head-on and thereby suppress financial dependency, economic trauma and criminal activities just to mention but a few.
My focus is more on the Employment Service bureau –article 13 and my concern is mostly centred on the questions of;
1. how much we know about employees and employers out there including private institutions and individuals who by hooks or crooks hop from one employment opportunity to the other without notice (as employees) or those (employers) who fire and hire job-seekers without registration. In other words, the regulatory mechanism thereof.
2. Reference to the motion on unemployed Namibians with or without professional qualifications tabled earlier here I called for the
“Establishment of a centralized research centre in the country, with decentralized data bank to, readily facilitate access of data for private and collective research and planning. “ This tallies with article 14 sub-articles 1 and 2 under the heading ‘integrated employment information system’ on page 10 of the Employment Service Bill.
Comrade Speaker
Honourable Members
I cannot let go without taking issues with the current system of recruitment and filling of vacancies in our ministries and perhaps state owned enterprises. One can call it a confusing and perhaps discriminatory or some kind of a pathetic recruitment system. Such a questionable system comrade speaker is bamboozled by individuals within our employment, those dishonest people who are entrusted with responsibilities of recruitment and management. It may partly be due to a number of conflicting laws we have which some may need be repealed or those which may need amendment including the public service act and the likes of tender board act and some others.
Comrade Speaker
Honourable Members
Recruitment in our system has become a serious concern. Some departments in our ministries and agencies are turned into mini-empires and are run in a mafia style management where some individual heads of such units freeze vacancies which budgeted for on their establishment for years allegedly waiting for their next of kin to graduate from institutions of learning or to complete the required years needed for consideration of promotion. Instead other Namibians who may be readily qualified for promotion are prevented from applying as a result of frozen vacant posts.
I was also reliably informed that even foreigners are benefitting from these crooking behaviours by being extending their contracts indefinitely.
Comrade Speaker
Honourable Members
It is therefore in my view not just enough to pass the Employment Service Bill alone without identifying those laws that need be repealed, those need amendment and those need harmonised. I further would like stress review of policies and regulation which go along with the laws that we are enacting in order to simplify for example the SWAPO party election manifesto which is the SWAPO party government working document leading this vibrant nation towards vision 2030.
NATIONAL ASSEMBLY
September 2010
BY Chief Ankama, SWAPO MP & Deputy Minister: MWT
Comrade Speaker
Fellow MPs
The Bill on the floor of this eminent House in my view is long overdue. Almost two years ago for three consecutive sessions of parliament I tabled here a motion on unemployed Namibians both professional trained and those without. When I motivated the said motion for the first time, the idea was to get a prompt reaction from the floor of this august house across the political spectrum represented here. Sadly the debate was shoddy and it had to tabled for the second time in hope for improved contributions.
Even for the second motivation many of us in this house did not take the motion on unemployed Namibians as serious shown by the poor debate and therefore the motion was re-tabled for the third consecutive time.
Comrade Speaker
Honourable Members
The Employment Service Bill squarely responds to motion on unemployed Namibians with or without professional qualifications as tabled during the last session of our parliament which was aimed to; (quoting myself-open quote)
1. discuss, assess and ascertain the seriousness of unemployed Namibians with professional trainings and qualifications obtained from recognized educational institutions here in Namibia or abroad;
2. which further examine the general unemployment of all able bodied people in Namibia in view of government sponsored initiated projects such as the green schemes, agricultural colleges in the country and vocational training institutions as a matter of example.
3. it challenged the government and private sector partnership to open up in the provision of relevant skills and creation of job opportunities for the unemployed Namibians.
4. and insisted that unemployment be critically investigated in relation to our national investment policies and further discover the unemploy-ability of all those unemployed for recommendation and appropriate action in favour of their predicament. (Close quote)
Comrade Speaker
Honourable Members
Now the Employment Service Bill before us as introduced by the Hon. Minister of Labour and Social welfare, seeks our undivided support for us to meet the unemployment situation in our country head-on and thereby suppress financial dependency, economic trauma and criminal activities just to mention but a few.
My focus is more on the Employment Service bureau –article 13 and my concern is mostly centred on the questions of;
1. how much we know about employees and employers out there including private institutions and individuals who by hooks or crooks hop from one employment opportunity to the other without notice (as employees) or those (employers) who fire and hire job-seekers without registration. In other words, the regulatory mechanism thereof.
2. Reference to the motion on unemployed Namibians with or without professional qualifications tabled earlier here I called for the
“Establishment of a centralized research centre in the country, with decentralized data bank to, readily facilitate access of data for private and collective research and planning. “ This tallies with article 14 sub-articles 1 and 2 under the heading ‘integrated employment information system’ on page 10 of the Employment Service Bill.
Comrade Speaker
Honourable Members
I cannot let go without taking issues with the current system of recruitment and filling of vacancies in our ministries and perhaps state owned enterprises. One can call it a confusing and perhaps discriminatory or some kind of a pathetic recruitment system. Such a questionable system comrade speaker is bamboozled by individuals within our employment, those dishonest people who are entrusted with responsibilities of recruitment and management. It may partly be due to a number of conflicting laws we have which some may need be repealed or those which may need amendment including the public service act and the likes of tender board act and some others.
Comrade Speaker
Honourable Members
Recruitment in our system has become a serious concern. Some departments in our ministries and agencies are turned into mini-empires and are run in a mafia style management where some individual heads of such units freeze vacancies which budgeted for on their establishment for years allegedly waiting for their next of kin to graduate from institutions of learning or to complete the required years needed for consideration of promotion. Instead other Namibians who may be readily qualified for promotion are prevented from applying as a result of frozen vacant posts.
I was also reliably informed that even foreigners are benefitting from these crooking behaviours by being extending their contracts indefinitely.
Comrade Speaker
Honourable Members
It is therefore in my view not just enough to pass the Employment Service Bill alone without identifying those laws that need be repealed, those need amendment and those need harmonised. I further would like stress review of policies and regulation which go along with the laws that we are enacting in order to simplify for example the SWAPO party election manifesto which is the SWAPO party government working document leading this vibrant nation towards vision 2030.
Motion on Unemployed Namibians with or without Professional Qualifications
PARLIAMENT OF THE REPUBLIC OF NAMIBIA
NATIONAL ASSEMBLY
FEBRUARY 2009
BY: Chief Ankama, SWAPO MP
Comrade Speaker, I regard this motion as an extraordinarily important one, not just to me but to other many Namibians if not all. This is the third time that I move this motion in the house. It first lapsed during the first term of 2008 when parliament went into recess and then re-introduced during the last term of last year but ended without reaching its intended goal, the goal of finding a lasting directive to solving unemployment situation in Namibia. Now comrade Speaker, I am here again standing to re-introduce the motion on unemployed Namibians with or without professional qualifications, accompanied by some amendments.
The motion seeks to:
1. discuss, assess and ascertain the seriousness of unemployed Namibians with professional trainings and qualifications obtained from recognized educational institutions here in Namibia or abroad;
2. this motion equally should include in our discussion the general unemployment of all able bodied people in Namibia in view of government sponsored initiated projects such as the green schemes, agricultural colleges in the country and vocational training institutions as a matter of example.
3. This motion should further challenge the government and private sector partnership to open up in the provision of relevant skills and creation of job opportunities for the unemployed Namibians.
Correspondingly this motion urges that unemployment be critically investigated in relation to our national investment policies and further discover the unemploy-ability of all the above mentioned people for recommendation and appropriate action in favour of their predicament.
RATIONALE
We all know or see many Namibian graduates from the University of Namibia, Polytechnic, Vocational training institutions, colleges of education and some with foreign qualifications. Individuals as they are, they talk about their disappointment and frustrations with regard to institutions where they obtained qualifications. They also talk about “a corrupt” recruiting system in both the public and private sector. That people with no professional qualifications, for instance with grade 12 are being preferred for professional job opportunities above trained candidates. This may be the reason why some divisions, departments and offices both in public and private services, do not perform to the expected standard of their clients.
Further, when we come to work every day, we see many able bodied Namibians sitting at traffic lights or along the street pavements in hope for someone to pick them up for a casual one –off job for a day if lucky.
Many of these are very young Namibians whose energy could be maximally utilised for the good of this country.
Comrade Speaker, hon. Members, we are all witnesses to this degrading situation of unemployed Namibians with or without qualifications. Many if not all of these people are very young, energetic, full of zest and thus able to do some good work.
However the questions are;
1. Why and how come that we keep on training people for fun while Namibia is in dire need for skilled people?
2. Why can’t we create incubation centres or units within the sectors of Agriculture, forestry, construction or fishing industry just as an example for us to produce?
These could help equip the unemployed Namibians with practical skills. Such incubation centres can collaborate in terms of academic theory with our national institutions of education and training for a joint certification of the in-service trainees. After graduation, those who wish can then be organised in co-operative companies with start-up facilities and grow themselves both socially and economically into the world of authenticity.
Others may want to go their own way by establishing own companies or sell themselves to work abroad because of their skills, and thereby bringing money into Namibia. The system of incubation centres /units will also help the country in general to unlock competition of productivity and trade, thus stimulating fast economic growth.
APPROACH
Comrade Speaker, hon. Members
I am 1001 % convinced that establishment of a centralized research centre in the country, with decentralized data bank to, readily facilitate access of data for private and collective research and planning, is essential. I know we have a number of research units in various institutions around the country, such as in ministries, institutions of education and those in private, but do you know how difficult it is to access data from many of these institutions? This is one of the many reasons why we fall short in planning to determine e.g., the number of classroom needed for the first graders, space of learners for grade 10, we fail to determine how many math, science teachers we will need in 5 years time or the quota for electrical engineers we shall need in 10 years time.
Having a one-stop research centre in the country does not mean that we should to away with the existing ones. It simply translates in improving our efficiency in planning, budgeting and service delivery. With an ICT act soon in place, ministries, entities and individual citizens may be able to access data on line when they so want for own purposes.
In simple terms, this will help individual students or anybody so wish to do appropriate planning, advising, setting up projects goals, reviewing successes of programs, prioritising students’ careers etc, etc.
Comrade Speaker, hon. Members
To address the situation of unemployment and do better placement of our professional cadres where they can perform with vigour, we need to plan better, and to do so, we need to be guided by empirical data. Data that are correlated, continually updated and data that are ever accessible when needed. This is a necessary foundation for us to meet our national developmental agenda.
Having this in place, we will have low risk of having both semi and professional trained human resource roaming our streets.
In addition, we will be in a better position as a country to tackle the overall unemployment situation countrywide.
CONCLUSION
I appeal that this motion be discussed with the zeal it deserves to lead to a desirable resolution. Further it is my appeal that finally this motion be referred to an appropriate committee for research, public input and proper recommendations.
So I move comrade Speaker!
NATIONAL ASSEMBLY
FEBRUARY 2009
BY: Chief Ankama, SWAPO MP
Comrade Speaker, I regard this motion as an extraordinarily important one, not just to me but to other many Namibians if not all. This is the third time that I move this motion in the house. It first lapsed during the first term of 2008 when parliament went into recess and then re-introduced during the last term of last year but ended without reaching its intended goal, the goal of finding a lasting directive to solving unemployment situation in Namibia. Now comrade Speaker, I am here again standing to re-introduce the motion on unemployed Namibians with or without professional qualifications, accompanied by some amendments.
The motion seeks to:
1. discuss, assess and ascertain the seriousness of unemployed Namibians with professional trainings and qualifications obtained from recognized educational institutions here in Namibia or abroad;
2. this motion equally should include in our discussion the general unemployment of all able bodied people in Namibia in view of government sponsored initiated projects such as the green schemes, agricultural colleges in the country and vocational training institutions as a matter of example.
3. This motion should further challenge the government and private sector partnership to open up in the provision of relevant skills and creation of job opportunities for the unemployed Namibians.
Correspondingly this motion urges that unemployment be critically investigated in relation to our national investment policies and further discover the unemploy-ability of all the above mentioned people for recommendation and appropriate action in favour of their predicament.
RATIONALE
We all know or see many Namibian graduates from the University of Namibia, Polytechnic, Vocational training institutions, colleges of education and some with foreign qualifications. Individuals as they are, they talk about their disappointment and frustrations with regard to institutions where they obtained qualifications. They also talk about “a corrupt” recruiting system in both the public and private sector. That people with no professional qualifications, for instance with grade 12 are being preferred for professional job opportunities above trained candidates. This may be the reason why some divisions, departments and offices both in public and private services, do not perform to the expected standard of their clients.
Further, when we come to work every day, we see many able bodied Namibians sitting at traffic lights or along the street pavements in hope for someone to pick them up for a casual one –off job for a day if lucky.
Many of these are very young Namibians whose energy could be maximally utilised for the good of this country.
Comrade Speaker, hon. Members, we are all witnesses to this degrading situation of unemployed Namibians with or without qualifications. Many if not all of these people are very young, energetic, full of zest and thus able to do some good work.
However the questions are;
1. Why and how come that we keep on training people for fun while Namibia is in dire need for skilled people?
2. Why can’t we create incubation centres or units within the sectors of Agriculture, forestry, construction or fishing industry just as an example for us to produce?
These could help equip the unemployed Namibians with practical skills. Such incubation centres can collaborate in terms of academic theory with our national institutions of education and training for a joint certification of the in-service trainees. After graduation, those who wish can then be organised in co-operative companies with start-up facilities and grow themselves both socially and economically into the world of authenticity.
Others may want to go their own way by establishing own companies or sell themselves to work abroad because of their skills, and thereby bringing money into Namibia. The system of incubation centres /units will also help the country in general to unlock competition of productivity and trade, thus stimulating fast economic growth.
APPROACH
Comrade Speaker, hon. Members
I am 1001 % convinced that establishment of a centralized research centre in the country, with decentralized data bank to, readily facilitate access of data for private and collective research and planning, is essential. I know we have a number of research units in various institutions around the country, such as in ministries, institutions of education and those in private, but do you know how difficult it is to access data from many of these institutions? This is one of the many reasons why we fall short in planning to determine e.g., the number of classroom needed for the first graders, space of learners for grade 10, we fail to determine how many math, science teachers we will need in 5 years time or the quota for electrical engineers we shall need in 10 years time.
Having a one-stop research centre in the country does not mean that we should to away with the existing ones. It simply translates in improving our efficiency in planning, budgeting and service delivery. With an ICT act soon in place, ministries, entities and individual citizens may be able to access data on line when they so want for own purposes.
In simple terms, this will help individual students or anybody so wish to do appropriate planning, advising, setting up projects goals, reviewing successes of programs, prioritising students’ careers etc, etc.
Comrade Speaker, hon. Members
To address the situation of unemployment and do better placement of our professional cadres where they can perform with vigour, we need to plan better, and to do so, we need to be guided by empirical data. Data that are correlated, continually updated and data that are ever accessible when needed. This is a necessary foundation for us to meet our national developmental agenda.
Having this in place, we will have low risk of having both semi and professional trained human resource roaming our streets.
In addition, we will be in a better position as a country to tackle the overall unemployment situation countrywide.
CONCLUSION
I appeal that this motion be discussed with the zeal it deserves to lead to a desirable resolution. Further it is my appeal that finally this motion be referred to an appropriate committee for research, public input and proper recommendations.
So I move comrade Speaker!
More Namibians have access to banking – World Bank
By: Milton Louw
The banking population in Namibia has increased substantially in 2009 according to the World Bank’s Financial Access 2010 report released on Thursday, 16 September. The number of deposit account holders in Namibia has grown by 23 percent, with statistics confirming the resilience of the seven commercial banks during a year weighed down by the international financial crises.
According to the report, more than three quarters of the population (752 per 1000 adults) hold deposit accounts and 20 percent have loans with financial institutions. In comparison, the report shows that sub-Saharan Africa had an average of 163 deposit accounts per 1000 adults and only 28 bank loans per 1000 adults.
In addition the report shows that the disbursement of loans shrank across sub-Saharan Africa last year, with Namibian loan accounts declining in volume by 36 percent.
The most remarkable was that Namibia scored the highest with 1185 “Depositors with Other Depository Corporations” per 1000 adults. No other country on the Continent, or in any developing country for that matter, scored as high. In fact, Namibia is placed 16th in the world. To put that in perspective, Austria at number one scored 4785 and Italy, two places above Namibia, scored 1285 per thousand adults.
The Financial Access 2010 Report stresses consumer protection, financial literacy and rural, SMME and savings promotion as critical in the spread of services and products to unbanked populations. The World Bank's researchers note that while consumer protection legislation is in place in most countries, implementation and enforcement is often lacking.
"Legislation is often broad and does not cover issues specific to the financial industry," said a researcher. "Only half of the economies (studied in the Report) have legal provisions restricting unfair and high-pressure selling practices and abusive collection practices.
"Regulators in only about half of the economies are empowered to issue warnings or impose fines on financial institutions violating consumer protection regulations. A public notice of violation - one of the most effective deterrence tools - can be used in only about a third of economies." According to the Report, Namibia scores well across five critical areas, which include consumer protection, financial literacy and rural, SMME, savings and microfinance promotion.
The Financial Access 2010 Report encompasses survey responses from 142 economies, including Namibia, and analyses changes that took place in the banking landscape in 2009. The Financial Access 2009 Report covered 139 economies.
The banking population in Namibia has increased substantially in 2009 according to the World Bank’s Financial Access 2010 report released on Thursday, 16 September. The number of deposit account holders in Namibia has grown by 23 percent, with statistics confirming the resilience of the seven commercial banks during a year weighed down by the international financial crises.
According to the report, more than three quarters of the population (752 per 1000 adults) hold deposit accounts and 20 percent have loans with financial institutions. In comparison, the report shows that sub-Saharan Africa had an average of 163 deposit accounts per 1000 adults and only 28 bank loans per 1000 adults.
In addition the report shows that the disbursement of loans shrank across sub-Saharan Africa last year, with Namibian loan accounts declining in volume by 36 percent.
The most remarkable was that Namibia scored the highest with 1185 “Depositors with Other Depository Corporations” per 1000 adults. No other country on the Continent, or in any developing country for that matter, scored as high. In fact, Namibia is placed 16th in the world. To put that in perspective, Austria at number one scored 4785 and Italy, two places above Namibia, scored 1285 per thousand adults.
The Financial Access 2010 Report stresses consumer protection, financial literacy and rural, SMME and savings promotion as critical in the spread of services and products to unbanked populations. The World Bank's researchers note that while consumer protection legislation is in place in most countries, implementation and enforcement is often lacking.
"Legislation is often broad and does not cover issues specific to the financial industry," said a researcher. "Only half of the economies (studied in the Report) have legal provisions restricting unfair and high-pressure selling practices and abusive collection practices.
"Regulators in only about half of the economies are empowered to issue warnings or impose fines on financial institutions violating consumer protection regulations. A public notice of violation - one of the most effective deterrence tools - can be used in only about a third of economies." According to the Report, Namibia scores well across five critical areas, which include consumer protection, financial literacy and rural, SMME, savings and microfinance promotion.
The Financial Access 2010 Report encompasses survey responses from 142 economies, including Namibia, and analyses changes that took place in the banking landscape in 2009. The Financial Access 2009 Report covered 139 economies.
A consumer law in Namibia should protect people who are renting
A Namibian Consumer Protection Act should specifically target unfair discrimination and enforce the right of equality in the consumer market. The Act must put the onus on the landlord to prove that he is not discriminating in any way against a tenant on the basis of things like race, gender, nationality, and even income.
In addition, we believe the new Act should allow for automatic renewal of the rental agreement. This will prevent landlords from using this as an excuse to terminate when the tenant wishes to stay. At present many agents and landlords are using the end of the year contract to get rid of tenants so they can increase the rent amount for the next person. Normally the rent will only go up by around ten percent, and the landlords are pushing up the prices to the new tenants by a lot more.
Lastly, we propose that the Consumer protection Act must include the right to fair and honest dealings. “No physical force, coercion, undue influence, pressure, duress or harassment may be employed to evict a tenant or compel them to sign a lease."
As an example, I quote from personal experience.
Last year, I was a renting near to the Zoo Park in Windhoek. I was on the farm at the time and had made arrangements as to my monthly payment. As agreed, I came from the farm and paid my outstanding rent and prepaid for two months.
The owner in the meantime decided to cancel the lease agreement with all tenants and change the building into office space. They thus gave all tenants two months notice to leave. I had paid a deposit so knew that I still had sufficient funds with the agent till the end of the period.
But the renting company wanted to get rid of all the tenants and make sure they were gone. So the estate agent "forgot" to enter my late payment and had their lawyers prepare a judgement. As you can imagine, I was very shocked to have the Sheriff of the Court appear at my door to throw me out. The worst part is that the Sheriff took my furniture even though the outstanding amount on the account had been paid.
Of course, there was nothing I could do. The lawyer for the company was also a Director of the same company and would not listen to any explanation.
Once the sheriff had sold my furniture, the lawyer had the audacity to let me know there was a shortfall on the outstanding account.
I called the lawyer and estate agent and explained that they were using a wrong account and the estate agent still owed me my deposit - which was more than any outstanding amount.
They promised to come back to me. Yeah right, almost a year later and still no response.
So what can you do before the law is in place?
You should write down the events that took place and make copies of all correspondence between yourself and the landlord. Once you have completed a written explanation, send this to the Estate Agents Board of Namibia. This is a statutory body under the Ministry of Trade and Industry responsible for making sure these landlords and estate agents comply with the law.
Now you might wonder why I did not follow this advice. The Sheriff of the Court under instructions of the agent had taken all my furniture including my computer equipment, thrown all my belongings on to the street. Poof, all my documentation and proofs of payment were gone.
Interview with Milton Louw on the above issues:
1. Does Namibia have a Consumer Protection Act?
No. However, the Namibian consumer is protected by various other laws, mostly industry specific such as in banking, insurance, medical, etc.
2. Is there plans to table such a law in parliament?
The Ministry of Trade and Industry has been talking to various role-players such as business, statutory bodies, consumer groups, etc on what form the law should take. Their "primary considerations were that Namibian consumers were experiencing unscrupulous and unfair trading practices, and that existing avenues to obtain redress are inadequate or completely absent." A workshop on this topic was held in September 2009 and the Ministry of Justice was requested to prepare a draft law. We have not had any more feedback since March this year.
3. What are the issues you would like to be put into the law? You referred in your email newsletter and on the Internet to issues with people hiring house and flats?
A Namibian Consumer Protection Act should specifically target unfair discrimination and enforce the right of equality in the consumer market. The Act must put the onus on the landlord to prove that he is not discriminating in any way against a tenant on the basis of things like race, gender, nationality, and even income.
4. How will this affect the complaints about high rentals in Namibia
We believe amongst others that the new Act should allow for automatic renewal of the rental agreement. This will prevent landlords from using this as an excuse to terminate when the tenant wishes to stay. At present many agents and landlords are using the end of the year contract to get rid of tenants so they can increase the rent amount for the next person. Normally the rent will only go up by around ten percent, and the landlords are pushing up the prices to the new tenants by a lot more.
5. What about landlords or estate agents throwing out people on to the street
we propose that the Consumer protection Act must include the right to fair and honest dealings. “No physical force, coercion, undue influence, pressure, duress or harassment may be employed to evict a tenant or compel them to sign a lease."
6. What can a consumer do if they feel unfairly treated by an estate agent?
The Estate Agents Board is under the Ministry of Trade and Industry with the mandate to regulate and control certain activities of estate agents in the public interest. They can be contacted about any complaint and they have specific procedures to deal with complaints.
In addition, we believe the new Act should allow for automatic renewal of the rental agreement. This will prevent landlords from using this as an excuse to terminate when the tenant wishes to stay. At present many agents and landlords are using the end of the year contract to get rid of tenants so they can increase the rent amount for the next person. Normally the rent will only go up by around ten percent, and the landlords are pushing up the prices to the new tenants by a lot more.
Lastly, we propose that the Consumer protection Act must include the right to fair and honest dealings. “No physical force, coercion, undue influence, pressure, duress or harassment may be employed to evict a tenant or compel them to sign a lease."
As an example, I quote from personal experience.
Last year, I was a renting near to the Zoo Park in Windhoek. I was on the farm at the time and had made arrangements as to my monthly payment. As agreed, I came from the farm and paid my outstanding rent and prepaid for two months.
The owner in the meantime decided to cancel the lease agreement with all tenants and change the building into office space. They thus gave all tenants two months notice to leave. I had paid a deposit so knew that I still had sufficient funds with the agent till the end of the period.
But the renting company wanted to get rid of all the tenants and make sure they were gone. So the estate agent "forgot" to enter my late payment and had their lawyers prepare a judgement. As you can imagine, I was very shocked to have the Sheriff of the Court appear at my door to throw me out. The worst part is that the Sheriff took my furniture even though the outstanding amount on the account had been paid.
Of course, there was nothing I could do. The lawyer for the company was also a Director of the same company and would not listen to any explanation.
Once the sheriff had sold my furniture, the lawyer had the audacity to let me know there was a shortfall on the outstanding account.
I called the lawyer and estate agent and explained that they were using a wrong account and the estate agent still owed me my deposit - which was more than any outstanding amount.
They promised to come back to me. Yeah right, almost a year later and still no response.
So what can you do before the law is in place?
You should write down the events that took place and make copies of all correspondence between yourself and the landlord. Once you have completed a written explanation, send this to the Estate Agents Board of Namibia. This is a statutory body under the Ministry of Trade and Industry responsible for making sure these landlords and estate agents comply with the law.
Now you might wonder why I did not follow this advice. The Sheriff of the Court under instructions of the agent had taken all my furniture including my computer equipment, thrown all my belongings on to the street. Poof, all my documentation and proofs of payment were gone.
Interview with Milton Louw on the above issues:
1. Does Namibia have a Consumer Protection Act?
No. However, the Namibian consumer is protected by various other laws, mostly industry specific such as in banking, insurance, medical, etc.
2. Is there plans to table such a law in parliament?
The Ministry of Trade and Industry has been talking to various role-players such as business, statutory bodies, consumer groups, etc on what form the law should take. Their "primary considerations were that Namibian consumers were experiencing unscrupulous and unfair trading practices, and that existing avenues to obtain redress are inadequate or completely absent." A workshop on this topic was held in September 2009 and the Ministry of Justice was requested to prepare a draft law. We have not had any more feedback since March this year.
3. What are the issues you would like to be put into the law? You referred in your email newsletter and on the Internet to issues with people hiring house and flats?
A Namibian Consumer Protection Act should specifically target unfair discrimination and enforce the right of equality in the consumer market. The Act must put the onus on the landlord to prove that he is not discriminating in any way against a tenant on the basis of things like race, gender, nationality, and even income.
4. How will this affect the complaints about high rentals in Namibia
We believe amongst others that the new Act should allow for automatic renewal of the rental agreement. This will prevent landlords from using this as an excuse to terminate when the tenant wishes to stay. At present many agents and landlords are using the end of the year contract to get rid of tenants so they can increase the rent amount for the next person. Normally the rent will only go up by around ten percent, and the landlords are pushing up the prices to the new tenants by a lot more.
5. What about landlords or estate agents throwing out people on to the street
we propose that the Consumer protection Act must include the right to fair and honest dealings. “No physical force, coercion, undue influence, pressure, duress or harassment may be employed to evict a tenant or compel them to sign a lease."
6. What can a consumer do if they feel unfairly treated by an estate agent?
The Estate Agents Board is under the Ministry of Trade and Industry with the mandate to regulate and control certain activities of estate agents in the public interest. They can be contacted about any complaint and they have specific procedures to deal with complaints.
Are Namibian coloureds a distinct cultural/indigenous group?
According to wikipedia:
A contemporary working definition of "indigenous people" for certain purposes has criteria which would seek to include cultural groups either:
* before or its subsequent colonisation or annexation; or
* alongside other cultural groups during the formation and/or reign of a colony or nation-state;
and who furthermore
* have maintained at least in part their distinct cultural, social/organisational, and/or linguistic characteristics, and in doing so remain differentiated in some degree from the surrounding populations and dominant culture of the nation-state.
To the above, a criterion is usually added to also include:
* peoples who are self-identified as indigenous, and/or those recognized as such by other groups.
A contemporary working definition of "indigenous people" for certain purposes has criteria which would seek to include cultural groups either:
* before or its subsequent colonisation or annexation; or
* alongside other cultural groups during the formation and/or reign of a colony or nation-state;
and who furthermore
* have maintained at least in part their distinct cultural, social/organisational, and/or linguistic characteristics, and in doing so remain differentiated in some degree from the surrounding populations and dominant culture of the nation-state.
To the above, a criterion is usually added to also include:
* peoples who are self-identified as indigenous, and/or those recognized as such by other groups.
Panarotti's Thursday eat all you can
Took my daughters out for a birthday celebration last night and they ganged up on me and wanted to go to Panarotti's for "Eat all you can Thursday". Well, we got there past seven and waited for almost an hour and a half for a table (we were 9 people in total). I did not mind the wait, but when we sat down we were informed the special only went till 9 'clock.
Whoaw. I can eat as I like in half an hour. Nowhere in the advertising does it state it stops at 21H00. Especially after waiting so long.
But would you believe it! the waiter arranged that we can pay the special price, and arranged at least five bottomless pizza (including a seafood) for the same price.
I am not sure if it is because I have five daughters, or this is the normal service.
So from my side, congratulations to Panarotti's Windhoek for good food and EXCELLENT service.
I hope we all get such service elsewhere this weekend.
"Service which is rendered without joy helps neither the servant nor the served. But all other pleasures and possessions pale into nothingness before service which is rendered in a spirit of joy."
Whoaw. I can eat as I like in half an hour. Nowhere in the advertising does it state it stops at 21H00. Especially after waiting so long.
But would you believe it! the waiter arranged that we can pay the special price, and arranged at least five bottomless pizza (including a seafood) for the same price.
I am not sure if it is because I have five daughters, or this is the normal service.
So from my side, congratulations to Panarotti's Windhoek for good food and EXCELLENT service.
I hope we all get such service elsewhere this weekend.
"Service which is rendered without joy helps neither the servant nor the served. But all other pleasures and possessions pale into nothingness before service which is rendered in a spirit of joy."
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