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The Namibian Caught Wrong-footed

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By Mbatjiua Ngavirue WINDHOEK The names of 15 companies that are set to appear before the Katutura Magistrates Court on Friday for non-compliance with the Affirmative Action Act of 1998 have been released, and among them is the English language daily, The Namibian. It is believed that all the companies face charges related to late submission of Affirmative Action Reports, or failure to submit a report. The offences cover the period between 2001 and 2004. Some companies are being charged with non-compliance in only one year, while others face charges for one or other of the offences in multiple years. The Prosecutor-General’s (PG) Office gave some of the companies the option of paying an admission of guilt fine on 10 April, or court appearance on 16 April. Of these companies, only Fidelity Services Namibia Group had a court appearance scheduled yesterday. Deputy Director at the Employment Equity Commission (EEC), Ottniel Podelwitz, yesterday said the court later postponed the case. Legal counsel for the company apparently argued that the PG’s office did not issue summons against the company to appear in court within the prescribed 14 days. The Namibian newspaper had, so far, not received any summons to appear in court, the Editor, Gwen Lister, said when approached for comment yesterday. Lister said the charge against the company relates to late submission of a report – by only a few days in 2001 – the first year submission of annual affirmative action reports became mandatory. “We have not missed a beat since then, and I don’t quite understand why we are being charged,” Lister said. The other companies facing charges include Mondi Pak Namibia Ltd, Global Food Services, Lewis Stores (Pty) Ltd, Wispeco (Namibia) Pty Ltd, Luderitz Smokeries, CC Spar (Incorporated) and Professional Security Services. Also being charged are H.A.M.S Security Service, Springer Schokoladenfabriken, Santam Namibia, Hero Construction, China Jiangsu International Namibia Ltd, Blue Ocean Products (Pty) Ltd and Supreme Furnishers. Podelwitz said he was not sure why the PG’s office gave some companies the option of a N$300 admission of guilt fine, and assumed that the companies subsequently complied with the requirements of the Affirmative Action Act.