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The Christian Congregation of Jehovah’s Witnesses of Namibia and legal problems


Jack Ryan

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The Christian Congregation of Jehovah’s Witnesses of Namibia has asserted its right to be EXEMPT as an "Employer" for purposes of payment to those who work on its behalf, nor are they responsible (they claim) for filing any Social Security documents as to wages, hours worked, withholding, etc.
In 2014, the Congregation asked to be de-registered as such.
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It didn't go so well.
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On the 16 June 2014, authorities replied to the JW's request by confirming that the appellant is considered an employer in terms of the SS Act and consequently should be registered with the Employees’ Compensation Fund established by the Employees’ Compensation Act, 1941, as well as having the Order register its members with the Maternity, Sick Leave and Death Benefit established by the SS Act
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A ping-pong protest and response commenced with multiple requests for clarification by the Dubs and protestations and requests for appeal, etc.
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Authorities decided this matter was best handled by visiting the premises and investigating for themselves what goes on.
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After the "visit" by authorities, nothing was offered by the Dubs to change any minds.
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The JW's continued to whine and protest and appeal, etc.
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The authorities examined the Congregation's Appeal and made the following evaluation:
== In the respondent’s listed grounds of opposition, it noted that the appeal filed by the appellant is not proper as it failed to complete the Form 11 as contemplated in Rule 17(2)(a) of the Rules of this Court==
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JW's protested and appealed the appeal response which didn't appeal to them.
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Arguments continued until the following finding was released:
The Labour Amendment Act stipulates that:18 ‘For the purposes of this Act or any other employment law, until the contrary is proved, an individual who works for or renders services to any other person, is presumed to be an employee of that other person, regardless of the form of the contract or the designation of the individual, if any one or more of the following factors is present:

(List of factors attached)
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Blah-blah-blah-blah
Finally:
The SS Act does not provide for de-registration of employers. Accordingly, logic follows that once an employer has been registered under this Act, the obligations created in terms of this Act ceases to exist only where the employer (who is a natural person) dies or becomes insolvent or is sequestrated or is liquidated or wound up (where an employer is a juristic person). Employees may be ‘de-registered’ under that employer in the event they die or their services have been terminated.
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Cut to the chase:
Accordingly, the appellant cannot pick and choose which laws should apply to them and which not. This court finds an employment relationship evident between the parties for the reasons stated above. In the result and for reasons and conclusions stated hereinbefore the court makes the following order: 1. The respondent’s application for condonation for the late filing of its heads of argument is hereby granted. 2. The appeal is dismissed. 3. There is no order made as to costs

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