Arbitration Award in the Matter between Mathias Shanghala Kashindi (Applicant) v the Minister of Justice and Labour Relations and the Executive Director of the Ministry of Justice and Labour Relations (Respondents) dated 21 April 2026.
Flynote: Labour Law – Dispute of Right – Leave Gratuity – Acting Allowance – Section 37 of the Labour Act 11 of 2007 – Witness Protection Unit Act 10 of 2017 – Public Service Act 13 of 1995 – Oudekraal Principle.
Order
In the result, it was ordered that:
- 1. The respondents are ordered to pay the applicant the deducted monies from his leave gratuity in the amount of N$224,457.66.
- 2. The respondents are further ordered to pay the applicant his acting allowance for March 2025 in the amount of N$67,613.37.
- 3. The respondents are thus liable and must ensure payment in the cumulative amount of N$292,071.03 to the applicant, less only such statutory deductions as are permitted by law.
- 4. As per section 97(3) of the Labour Act (Act 11 of 2007), the above amounts in Order No. 3 attract interest from 21 April 2026 at the same rate prescribed by the Prescribed Rates of Interest Act 55 of 1975.
The award has confirmed three important legal principles of our law: Audi Alteram Partem, Functus Officio, and the Oudekraal Principle.
Event One
December 8-9, 2025, Otjiwarongo, Namibia
Global Water Partnership Southern Africa in collaboration with the Ministry of Agriculture, Fisheries, Water and Land Reform (MAFWLR) appointed Shanghala Kashindi incorporated together with other international water law experts to facilitate the specialized training initiative on Transboundary Water Governance for Namibia, which took place in Otjiwarongo from 8-9 December 2025. This speaks voluminous in recognition of our specialised skills in water law.