The State of Emergency regulations, which forbid employers from dismissing workers, were declared unconstitutional and invalid in the Windhoek High Court on Tuesday. A full-bench of three High Court judges comprising Shafimana Ueitele, Thomas Masuku and Hannelle Prinsloo handed down the judgement in the case of two organisations representing Namibian employers against President Hage Geingob, the Namibian Government and trade unions. In their successful urgent application filed before the Windhoek High Court, the Namibian Employers' Federation (NEF), the Namibian Employers Association and the companies FP du Toit Transport, JetX Couriers, John Meinert Printing, Huab Safari Ranches and Skycore Aviation were asking the court to declare parts of two proclamations issued by the president that forbid employers from dismissing workers and also parts of the COVID-19 State of Emergency regulations, unconstitutional. In their ruling, the three judges concluded: “The regulations of the state of emergency that forbid employers from dismissing workers, reducing their pay or putting them on leave due to the outbreak of COVID-19 are, hereby, declared unconstitutional and invalid.” The reasons for the ruling will be made public during the course of the week. The two proclamations or regulations under dispute stipulate that during Namibia's COVID-19 lockdown period, which started on 28 March and is still ongoing, employers may not dismiss any of their employees because of the impact of the COVID-19 pandemic on their businesses, they may not force employees to take unpaid leave or annual leave due to the pandemic, and they may not reduce the pay of any employee for reasons related to COVID-19. Furthermore, employers were also required to reinstate employees who have been dismissed due to the effect of the pandemic on their businesses, and to negotiate with recognised trade unions, workplace representatives or affected employees themselves if they want to reduce or defer the payment of remuneration during the lockdown period because they are unable to pay employees' salaries in full. In addition to this, the regulations or the proclamations state that if employers have notified their employees of intended dismissals because of COVID-19, the dismissals would only occur 28 days after the end of the lockdown period. “Employers who breach the regulations by dismissing employees because of COVID-19 pandemic, reducing their pay or forcing them to take leave, are committing an offence for which they can be fined N$10 000 or given a jail term of up to two years,” reads the regulations. Geingob, the Namibian government, Attorney General, ministers of labour and health, the Labour Commissioner and the National Union of Namibian Workers, Trade Union Congress of Namibia, Namibia National Labour Organisation, Namibia Transport and Allied Workers Union and Mineworkers Union of Namibia were the respondents in the case. On 18 March 2020, President Hage Geingob and his Cabinet made a decision to declare a State of Emergency over the COVID-19 pandemic. The State of Emergency is expected to end in September 2020.