The Christian Congregation of Jehovah’s Witnesses of Namibia and legal problems
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.
It didn't go so well.
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
A ping-pong protest and response commenced with multiple requests for clarification by the Dubs and protestations and requests for appeal, etc.
Authorities decided this matter was best handled by visiting the premises and investigating for themselves what goes on.
After the "visit" by authorities, nothing was offered by the Dubs to change any minds.
The JW's continued to whine and protest and appeal, etc.
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==
JW's protested and appealed the appeal response which didn't appeal to them.
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)
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.
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
Thank you Terry.
Methinks anything under "CCofJW's in Namibia" will be moved by Watchtower to come under the direct control of South African branch ... (with more poor sods being kicked to the kerb in a third world country).
Mind you I don't know how many "full time servants" are directly under CCofJW's Namibia at present anyway.
Shouldn't the G.O.D.s be wondering why Jehovah is losing SO MANY court cases and appeals under their 'watch'? When Rutherford/Knorr was handling things, WTS won 40 of 50 court cases.
Why oh why has Jehovah abandoned them in this, their hour of need?
One of the same reasons those moneysuckers started the "Order" and vow of poverty in the US. They wanted to avoid paying Social Security taxes for Bethellites and others.
It makes me angry every time I hear about this stuff. I don't understand why dubs don't see all this subterfuge.
The "Organization" started out saying "Religion is a snare and a racket."
Then, when it came to being taxed, they suddenly produced a Charter declaring themselves a religion.
They enjoy all the benefits of a Corporation while exempting themselves from any social burden to provide for the retired elderly lifelong employees who gave everything they had to support the cult.
They show themselves to be exactly what so-called Apostates say they are.
I was in Namibia last year and found a desert land with a small population and an infant democracy. A lot of their political troubles are now behind them and there is a discernable sense of progress especially as there is unity and equality amongst the disparate races.
I really hope that the Namibian government stick to their guns and don't yield to the grasping commercialism of the JW governing body. These places in Africa can more easily spot the injustice of the rich (US JW HQ) depriving their slavish workers of a realistic income and social benefits. Funny how they get away with it in the rest of the world. Perhaps the tide is beginning to turn?
The various corporations fronting for Watchtower have increasingly had their boot on the necks of the "little ones."
If you zoom in for a closeup, the sheeplike JW with the boot mashing its face into the mud has a beaming smile: "Ahhh, serving Jehovah!"
If this isn't indicative of Mind Control--what is?
Yes Terry, here is where the folly lies, with the happy deluded JW, reading the Bible and thinking he or she is a "good-for-nothing slave".
You really have to be in a bad way mentally to imagine that this humiliating relationship in full time service to the JW org will benefit yourself. Certainly God doesn't give a fig, no pioneer or Bethelite has ever had his hope rewarded, the only beneficiaries of this servitude are the governors of that organisation.
Being a lifelong JW is always a lifelong disappointment.
The indications then are that JWs (the little ones) are masochists.
Thanks Terry & Earnest.
The JW lawyers in Namibia must have earned their diplomas at the University of Slobovia, because no one with an I.Q. of 15 would have dreamt the cult's "arguments" could possibly contend with any of the following legal points:
 The Labour Amendment Act stipulates that:
‘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:
(a) the manner in which the individual works is subject to the control or direction of that other person;
(b) the individual’s hours of work are subject to the control or direction of that other person;
(c) in the case of an individual who works for an organisation, the individual’s work forms an integral part of the organisation;
(d) the individual has worked for that other person for an average of at least 20 hours per month over the past three months;
(e) the individual is economically dependent on that person for whom he or she works or renders services;
(f) the individual is provided with tools of trade or work equipment by that other person;
(g) the individual only works for or renders services to that other person;
See what happens when you don't get a higher education - comprehensively humiliated!