Fishermen seek payment from Fishrot accused Icelandic firm

Twenty-three fishermen who worked on the controversial Heinaste vessel formerly owned by Samherji and involved in the Fishrot scandal, have still not received their severance payments following their unlawful dismissal in 2018. The fishermen were previously employed by Articnam Fishing, a subsidiary of the Icelandic firm, Samherji, which is implicated in the N.dollars 150 million Fishrot scandal. They were unlawfully dismissed from their permanent jobs in November 2018, which landed them an arbitration award from the Ministry of Labour, Industrial Relations and Employment Creation. Speaking to the media here on Tuesday, the group who travelled from Walvis Bay to seek justice through their legal representative, Advocate Norman Tjombe expressed disappointment, anger and dismay towards the justice system, stressing that although justice prevails in the awarded arbitration, they are still fighting to receive their money, two years later. The arbitration dated 24 June 2021 ordered Articnam to pay the fisherm en a combined N.dollars 1.8 million (N.dollars 1 825 884) plus interest of 20 per cent per year calculated from the dated awarded, which currently stands at N.dollars 1 million, following unprocedural work dismissal and violation of the Labour Act of 2007. The arbitration indicated that on 15 November 2018, the employees were served with a notice of termination/retrenchment which was central to the retrenchment proceedings in the labour law by the management, as the Heinaste vessel recruited the same number of employees who replaced the 23 permanent employees and worked there from 31 December 2018 to 30 November 2019. The unemployed fishermen through their group leader Immanuel Ipinge said their livelihoods have deteriorated despite the vessel's continuous operation in the Namibian waters under new owners. The horse mackerel vessel, formerly owned by Esja Holdings which falls under Samherji, is currently owned by local firm Tunacor following its purchase valued at approximately N.dollars 280 million. In a letter dated 27 September 2023 by Tjombe to Prosecutor-General Martha Imalwa, submitted intentions to institute a claim against Esja Investments which received a restraining order, pending the outcome of the criminal trial faced by the Fishrot accused. According to the letter the prosecutor-general, acting in terms of her powers under the Prevention of Organised Crime Act, Act 29 of 2004, ordered a restraining order against a number of persons and corporate entities, including Esja Investments. 'Our clients intend to institute a claim against Esja Investments on the basis that the affairs of Arcticnam Fishing were managed in a reckless and or negligent manner to the extent raising the cause of action of our clients on which they obtained an arbitral award and other conduct, some of which were illegal, and therefore Esja Investments and/or the directors of Arcticnam Fishing should be held liable,' it reads. The letter further enquired whether there is money or assets belonging to Esja Investment with intent ions to submit a claim of unsatisfied judgement against the assets or monies of Esja Investments in terms of the Prevention of Organised Crime Act. Source: The Namibian Press Agency