(1) In so far as this section authorises the interference with a person¿s right to privacy and the privacy of that person¿s home as guaranteed by Article 13 of the Constitution, this section is enacted on the authority of subarticle (2) of that Article.
(2) For the purposes of the administration of this Act, a labour inspector may, subject to subsection (3) -
(a) at any reasonable time enter any premises and -
(i) direct that the premises or any part of it must not be disturbed as long as it is reasonably necessary to search the premises;
(ii) search for and examine any book, document or object relevant to the
administration of this Act;
(iii) seize, make a copy of any such book, document or object;
(iv) take a sample of the atmosphere or of any object found;
(v) take measurements, readings, recordings or photographs; and
(vi) question any individual on the premises;
(b) order, in the prescribed form, any individual to appear at a specified date, time and place and to question that individual;
(c) require any person who has control over any book, document or object to produce the book, document or object and explain any entry in the book or document, or on the object;
(d) examine, make a copy or seize any book, document or object produced in terms of paragraph (c);
(e) take a sample of any object produced in terms of paragraph (c);
(f) require an employer to pay an employee any remuneration owed;
(g) enforce arbitration awards made under this Act;
(h) give directions on where notices required in terms of this Act are to be posted;
(i) assist any person in -
(i) any application, referral or complaint under this Act;
(ii) settling any application, referral or complaint under this Act.
(j) require a member of the Namibian Police Force to assist in the exercise of the powers referred to in this subsection; and
(k) request any individual to assist as an interpreter or otherwise in the exercise of the powers referred to in this subsection.
(3) A labour inspector may enter premises and conduct a search in terms of subsection (1)(a) only if it is done in accordance with Chapter 2 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977) and as if -
(a) a labour inspector is a police official; and
(b) any book, document or object is concerned with the commission of an offence.
(4) A labour inspector must issue a receipt for any book, document or object seized in terms of this section.
(5) If asked, a labour inspector must produce the certificate referred to in section 124 (2).
(6) Any member of the Namibian Police Force required to assist in terms of subsection (2), or any individual requested to assist in terms of subsection (2), may accompany the labour inspector as if that member or individual were a labour inspector.
(7) Any individual in charge of any premises on which individuals are employed must provide facilities as may be reasonably required in order for a labour inspector to exercise the powers referred to in subsection (2).
(1) An inspector who has reasonable grounds to believe that an employer has not complied with a provision of this Act may issue a compliance order in the prescribed form.
(2) An employer must comply with an order issued in terms of subsection (1) unless the employer appeals to the Labour Court in terms of subsection (3).
(3) An employer may appeal against a compliance order to the Labour Court within 30 days after receiving it.
Labour Act §§ 125, 126