Branch Executive Members of the Western Region Walvis Bay branch of the Namibia Food and Allied Workers Union (Nafau) threatens to close down its branch office indefinitely by noon today, should the General Secretary of Nafau, Jacob Penda, not answer on allegations of unfair treatment, intimidation, exploitation, favouritism and abuse.

Central to this growing dispute are two branch organisers of Nafau in Walvis Bay, Hiskia Tylius and Ronald Hamukwaya. Penda allegedly favours Tylius, to such an extent apparently, he provided him (Tylius) with a vehicle.
To the contrary Penda allegedly holds a grudge against Hamukwaya and has instituted disciplinary procedures against him in order to get rid of him.
Jacob is allegedly also disregarding Nafau standards and rules and acts without authority of the Union’s National Executive Committee.
Branch Executive Members are prepared to take matters beyond closing the office and further threatens should the noon-deadline today not be honoured by Penda, they will also seize Tylius’ vehicle and left it in the care of the Namibian Police in Walvis Bay until the explanation is forthcoming and the disciplinary action withdrawn against Hamukwaya.
The full press statement reads [Please note a number of changes had to be made to the document to facilitate smooth reading thereof]:Threatens should the noon-deadline today not be honoured by Penda, they will also seize Tylius’ vehicle and left it in the care of the Namibian Police in Walvis Bay until the explanation is forthcoming and the disciplinary action withdrawn a-gainst Hamukwaya.
The full press statement reads [Please note a number of changes had to be made to the do-cument to facilitate smooth reading thereof]: “This press statement comes about the unfair treatment, intimidation, exploitation, favouritism and abuse which we experienced on a daily basis at the hands of the NAFAU leadership. Therefore we would like to use this opportunity to condemn in the strongest terms this barbaric behaviour of the leader-ship of NAFAU.
The Union’s aim and objective is to defend and protect the workers’ rights and interest at all times as per NAFAU’s constitution, but now the General Secretary has made it a habit to fight against us. We cannot work in such a harsh and hostile environment.
He made it a habit to immediately after the congress to write to the staff on a daily basis and disciplinary hearings are a basic thing here in NAFAU. He is undermining the work of us shop steward’s with manipulative behaviour and mannerisms, favouritism, nepotism, selfishness and conflict of interest. There is maladministration, mismanagement, making illegal decisions and imposing them on the staff.
The General Secretary Jacob Penda is doing one-sided things. For instance to come to Walvis Bay branch and give a car privately to Cde Hiskia, without in-forming the branch ab-out it.
That is despite the branch executives the ones to control the affairs of the union here. Some of these branch organisers are his favourites and the other staff in the office are not given any in-formation.
The general secretary recruited employees to his favour, without any mandate from the National Executive Committee.
Interviews were conducted on 27 March 2017. On the same day people were given contracts to sign and induction done the same day at 3pm.
To our surprise we learned about the two members that came to the branch to get the information the from branch how they have to come work in our branch without our knowledge.
We learned the General Secretary is having personal grudges against our branch organiser.
He is forcing him to go for a disciplinary hearing to Windhoek, because he wants to fire him. We advised him to with draw the case because it is unfair, unprocedural and unconstitutional. Note: for your information Cde Hamukwaya is employed by the Walvis Bay Branch and only we are authorised by policy to institute disciplinary action.
We want to draw your attention to the Administrative Policy of NAFAU and to the Disciplinary and Grievance Procedures Part 3, clause 3.2
(i) In a situation where a disciplinary enquiry is being initiated against a branch employee, the branch executive committee shall be the initiator. (ii)The branch Executive is authorized to choose the initiator amongst themselves. (iii) The Branch Executive is authorised to seek an independent Chairperson of choice.
The disciplinary hearing proceedings do in our opinion answer to procedural fairness within the meaning of Section 33 (1) of the Labour Act.
There was perceived bias on the side of the Chairperson, Abiud Tjipangandjara of the initial disciplinary hearing.
This Abiud Tjipangandjara is a deputy President of NAFAU who is misleading us as workers and used to dismiss workers unfairly.
He must remember that he is a worker too.
NAFAU procedures were fatally flawed, as there was a cogent ra-tionale that the Chairperson is biased.
We advised the General Secretary to with-draw the charges against our branch organiser.
Failing to do so, we decided to close the office and we will take the car and park it at the police station until our problems are rectified.
It is our right and it’s our money which has been misused by this leadership of NAFAU. Cde Hamkukwaya the branch organizer is not going to attend the hearing in Windhoek, because it is unprocedural and unconstitutional.
Also, the information we requested the General Secretary and his team to provide never materialised. During the meeting of 16th February 2017 at the NAFAU boardroom in Walvis Bay, his team who were present at the so-called disciplinary hearing were requested to for-ward the NEC minutes also never materialised.
Therefore, with that the reasoning is you plan clearly to get rid of him.
We believe this amounts to constructive dismissal of Cde Hamukwaya.
We need a response on Friday, 31 March 2017 time 12pm.”