By: Nghiinomenwa-vali Hangala
The Employment Equity Commission (EEC) has disapproved Affirmative Action reports of seven companies and public institutions for not meeting the requirements of the Affirmative Action (Employment) Act.
According to the updates released by the Commission last week, the seven companies and public institutions are Namibia Financial Institutions Supervisory Authority (NAMFISA), Oshakati Town Council, NovaNam Group, City Lodge Hotels, Nutam Operations, AB InBev Namibia and Outapi Town Council.
The Commission review panel held a review session from 24 to 25 June 2026.
In the seven (7) cases, mediation was unsuccessful, the Commission stated.
Consequently, the Review Panel issued final orders disapproving the respective affirmative reports of the seven employers.
The panel has found that the seven employers have not met one or more compliance shortcomings identified during the hearings.
These included: failure to appoint a suitably qualified Namibian understudy to facilitate skills transfer where non-Namibian employees occupied positions requiring such arrangements, or failure to obtain an exemption or prior approval from the Minister responsible for Labour matters.
The issue of skill transfer is becoming a thorn between employers and the Commission as the country seeks to gradually develop its national skill-set.
Some have failed to consult employees or their designated representatives during the relevant reporting period on the preparation, implementation, revision and monitoring of the employer’s Affirmative Action Plan and the preparation of the Affirmative Action Report, as required by the Act.
The Commission noted that their consultation is a mandatory legal obligation and a fundamental principle of the affirmative action process.
Meanwhile, other employers have failed to correct shortcomings that had previously been identified by the Employment Equity Commission during earlier reviews or engagements despite being allowed to do so.
The Commission has explained that the Act requirements are not procedural formalities but fundamental obligations intended to ensure meaningful implementation of affirmative action measures and to promote equal employment opportunities in Namibia.
“In terms of the Affirmative Action (Employment) Act, where an employer’s Affirmative Action report is disapproved by the Review Panel, the employer is regarded as having failed to comply with the Act,” the Commission stated.
Adding that if an employer commits an offence and, upon conviction by a competent court, may be liable to a fine, imprisonment, or both a fine and imprisonment, as provided for in the legislation.
The Employment Equity Commission encourages all relevant employers to familiarise themselves with the provisions of the Act and establish and maintain functional Affirmative Action Committees.
Moreover, consult employees throughout the affirmative action process, implement effective skills transfer initiatives, and promptly address shortcomings identified by the Commission.
The Affirmative Action (Employment) Act, Section 17 of the Act defines affirmative action as a set of measures designed to ensure that persons in designated groups enjoy equal employment opportunities at all employment levels and are equitably represented in the workforce.
The Commission explained that the aim therefore is non-discrimination, inclusivity, and diversity by affording equal employment opportunities to all Namibians.
The Act specifically addresses compliance and enforcement methods and powers of the Commission and its employees in regard thereto.
One being to conduct a Review Panel in instances of non-compliance is one of the enforcement mechanisms provided for in the Act.
erastus@thevillager.com.na
