We cannot disburse public money while owed – NBC after arbitration

The Namibian Broadcasting Corporation (NBC) says the company cannot pay an arbitration award of N$295 000 to former employee Johannes |Gaseb.

The national broadcaster is embroiled in a labour dispute, as the same employee reportedly owes the corporation N$186 000.

NBC chief commercial officer Nico Mwiya made the remarks in a media release issued on Sunday concerning the company’s urgent court application seeking an interdict against the execution of the sale of the company’s movable property.

|Gaseb obtained a writ of execution three weeks ago from the High Court for the movable property of the company to be sold to the value of N$295 026, which the labour commissioner awarded |Gaseb for unfair dismissal and loss of income in 2021.

“NBC is not refusing to comply with a lawful ruling, nor is it acting in bad faith, but the former employee is indebted to NBC in an amount approximating N$300 000 that arises from a settlement agreement linked to a housing loan arrangement facilitated during his employment, which was made an Order of Court on 7 November 2023,” says Mwiya.

He says the matter currently before the High Court does not seek to overturn the arbitration award of approximately N$295 000, but concerns a lawful reconciliation of mutual financial obligations between the parties and the protection of public assets pending judicial determination.

The case is expected to be heard on 20 March.

NBC terminated the employment of |Gaseb on 23 September 2021 on an alleged charge of attempted assault and threatening an employee following an office scuffle between |Gaseb, his supervisor and a third colleague at the Tsumkwe NBC office.

​|Gaseb filed for unfair dismissal with the Office of the Labour Commissioner, which noted that the name of the victim on the charge sheet was incorrect, found him not guilty and granted an arbitration award of N$295 026 to be paid to |Gaseb, which the NBC has not paid.

The chief commercial officer says as a public broadcaster funded primarily through taxpayer resources, NBC carries a fiduciary responsibility to safeguard public funds.

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