NBC sues parliament over 'flawed' strike report
The Namibian Broadcasting Corporation (NBC) has filed suit in the High Court challenging the findings of a report by the parliamentary standing committee on human resources and community development.
The report, which was made public on 18 February, examined the circumstances surrounding the controversial NBC strike of April and May 2021, which disrupted radio and television broadcasts for weeks.
The parliamentary report alleges that while NBC management refused employees’ demands for salary increments, they awarded themselves performance bonuses totalling N$5.4 million. It also flagged the alleged procurement of a N$1.9 million vehicle for NBC director general Stanley Similo at a time when employees were engaged in a bitter salary dispute.
The committee further accused NBC and the information and communication technology ministry of failing to seek a swift and amicable resolution to the strike.
In his founding affidavit, Similo argues that the committee ignored key evidence, rendering the report factually inaccurate and misleading.
"There is no evidence that the report considered any of NBC’s comprehensive representations, despite NBC being invited to present its case," he states.
According to Similo, NBC engaged with the committee on 15 November 2022 and again on 11 July 2023. However, the final report was only signed in February 2025, nearly 18 months after the last engagement.
"This report comes inexplicably late, long after the strike. By then, the issue of salary deductions had already been settled through arbitration," he says in court documents.
In June 2022, an arbitrator ruled that NBC acted lawfully in implementing the 'no work, no pay' principle under the Labour Act. Similo argues that the parliamentary committee ignored this ruling, setting a dangerous precedent where binding legal decisions could be undermined by parliament.
Challenging specific allegations
Similo also refutes several claims made in the report. Regarding executive bonuses, he clarifies that only six of the 21 employees who received bonuses were in management, while the rest were non-managerial staff. Additionally, he emphasises that the NBC board, not management, approved the performance incentives.
On salary structures, Similo denies allegations that NBC introduced a total cost to company (TCTC) structure after the strike. He says the pay structure was, in fact, implemented in 2012, nearly a decade earlier, and was entirely voluntary.
The report also claims that the NBC failed to report the theft of computers. Similo dismisses this, noting that a case was opened at Katutura Police Station in December 2020 and that the committee’s assertion that no case was opened is factually incorrect.
Further, Similo disputes the committee’s report on the cost of his company vehicle, stressing that it was N$1.7 million, not N$1.9 million, and that he personally contributed N$500 000 towards its purchase.
Similo contends that the committee’s process was procedurally unfair and violated NBC’s constitutional rights. He argues that the committee failed to provide NBC with an opportunity to respond before finalising its findings, disregarding principles of procedural and substantive fairness.
NBC is now seeking a court ruling to review and set aside the report, asserting that its credibility and reputation have been unfairly damaged. The broadcaster also wants parliament to be ordered to pay legal costs of the lawsuit.
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The report, which was made public on 18 February, examined the circumstances surrounding the controversial NBC strike of April and May 2021, which disrupted radio and television broadcasts for weeks.
The parliamentary report alleges that while NBC management refused employees’ demands for salary increments, they awarded themselves performance bonuses totalling N$5.4 million. It also flagged the alleged procurement of a N$1.9 million vehicle for NBC director general Stanley Similo at a time when employees were engaged in a bitter salary dispute.
The committee further accused NBC and the information and communication technology ministry of failing to seek a swift and amicable resolution to the strike.
In his founding affidavit, Similo argues that the committee ignored key evidence, rendering the report factually inaccurate and misleading.
"There is no evidence that the report considered any of NBC’s comprehensive representations, despite NBC being invited to present its case," he states.
According to Similo, NBC engaged with the committee on 15 November 2022 and again on 11 July 2023. However, the final report was only signed in February 2025, nearly 18 months after the last engagement.
"This report comes inexplicably late, long after the strike. By then, the issue of salary deductions had already been settled through arbitration," he says in court documents.
In June 2022, an arbitrator ruled that NBC acted lawfully in implementing the 'no work, no pay' principle under the Labour Act. Similo argues that the parliamentary committee ignored this ruling, setting a dangerous precedent where binding legal decisions could be undermined by parliament.
Challenging specific allegations
Similo also refutes several claims made in the report. Regarding executive bonuses, he clarifies that only six of the 21 employees who received bonuses were in management, while the rest were non-managerial staff. Additionally, he emphasises that the NBC board, not management, approved the performance incentives.
On salary structures, Similo denies allegations that NBC introduced a total cost to company (TCTC) structure after the strike. He says the pay structure was, in fact, implemented in 2012, nearly a decade earlier, and was entirely voluntary.
The report also claims that the NBC failed to report the theft of computers. Similo dismisses this, noting that a case was opened at Katutura Police Station in December 2020 and that the committee’s assertion that no case was opened is factually incorrect.
Further, Similo disputes the committee’s report on the cost of his company vehicle, stressing that it was N$1.7 million, not N$1.9 million, and that he personally contributed N$500 000 towards its purchase.
Similo contends that the committee’s process was procedurally unfair and violated NBC’s constitutional rights. He argues that the committee failed to provide NBC with an opportunity to respond before finalising its findings, disregarding principles of procedural and substantive fairness.
NBC is now seeking a court ruling to review and set aside the report, asserting that its credibility and reputation have been unfairly damaged. The broadcaster also wants parliament to be ordered to pay legal costs of the lawsuit.
[email protected]
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