The Government Institutions Pension Fund (GIPF), Namibia Airports Company and the Namibia Competition Commission are amongst at least 18 relevant employers who have been summoned by the Employment Equity Commission (EEC) due to non-compliance with the provisions of the Affirmative Action (Employment) Act.
The relevant employers are appearing before a first-of-its-kind review panel hearing to be conducted by the Commission since its inception at the hearings, scheduled from 11 to 14 October 2022.
Other employers summoned include Hebei Xinjian Construction CC, Namibia Ports Authority (Namport), Skorpion Zinc (Namzic (Pty) Ltd) and Ohangwena Regional Council.
According to the executive director of the labour ministry, Balbina Pienaar, the hearings came about after the affirmative action reports submitted to the Commission were disapproved, as they did not meet the requirements as set out in the Act.
As a result, the review panel will make a final order in respect of those affirmative action reports, which is binding, as employers may not appeal against it.
“Should the panel find any deficiencies during the Review, it will mediate and endeavour to persuade the employer to undertake to correct the shortcoming(s). If mediation succeeds, the panel will approve the affirmative action report and set out the undertaking made by the employer. However, if mediation fails, the panel will disapprove the report and issue a final order instructing the employer to take specific affirmative action measures and the time frame for the implementation of such measures,” noted Employment Equity Commissioner Otniel Podewiltz.
Podewiltz added it is high time all relevant employers begin to prioritise the implementation of the Affirmative Action Act, emphasising the need to submit affirmative action reports annually to the commission as prescribed by law.
In terms of the law, the commission is compelled to conduct review panel hearings for all disapproved reports and also reserves the right to institute criminal charges against the company in respect of non-compliance, constituting offences in terms of the Act.
The hearing of a review panel is open to the public, including the media – and it is taking place at the National Council, Parliament Building (Windhoek), starting daily from 08h30.
As of 14 September 2022, a relevant employer is defined as an employer who employs more than 25 employers.
A new prescription published in a Government Gazette on 15 September 2022, defines a relevant employer as an employer who employs 10 or more employees.
The relevant employers summoned are those falling under the former category of relevant employers.
The purpose of reducing the relevant employer threshold was to ensure key employers, such as consulting engineers, computer and lT companies, as well as construction houses that managed to remain within the non-relevant brackets for years, since the promulgation of the Act represent areas where skills transfer and affirmative action are also covered and are indeed included in affirmative action.