Staff Reporter

The labour ministry has reminded members of the public that they have the full right to inspect Affirmative Action reports produced by relevant employers. This provision in the Affirmative Action (Employment) Act (1998) entitles the public to inspect all Affirmative Action reports available at the Office of the Employment Equity Commission (EEC) in Windhoek.

In a statement issued this week, acting executive director (ED) in the labour ministry, Ambassador Balbina Pienaar, noted that the EEC, upon receiving a report, appoints a Review Officer to review and make recommendations in accordance with the Act. Pienaar emphasised that this review is an important feature in determining whether relevant employers have adopted and are implementing Affirmative Action plans.

“The Review Officer shall submit to the Commission, together with his or her report and recommendations, the Affirmative Action report under review and other documents, as he or she may deem necessary. Review Officers must forward to the relevant employer concerned a copy of the report and recommendations,” she explained.

Pienaar stated that the Commission may, upon consideration of the report and recommendations from the Review Officer, together with the Affirmative Action report and other documents submitted to it and taking into account any circumstances concerning the implementation of the Affirmative Action plan, approve the Affirmative Action report in question, and issue an Affirmative Action compliance certificate, or disapprove such report.

Pienaar clarified that the Commission may disapprove an Affirmative Action report if the relevant employer failed to comply with the prescribed relevant provisions of the Act, or if the Affirmative Action plan in question does not comply with the objects of the Act.

The Commission may also approve the Affirmative Action report if the relevant employer concerned undertakes in writing to remedy any failure or deviation by implementing specific measures, which, in the opinion of the Commission, are adequate to remedy such failure or deviation. 

“To determine whether a relevant employer is implementing an Affirmative Action plan, the Review Officer shall take into consideration a number of factors, such as whether the specific Affirmative Action measures set out in the Affirmative Action report for the ensuing period, or where applicable, to remedy any deficiency identified for the preceding reporting period, meet the objects of this Act; the efforts are in good faith of the relevant employer concerned to attain the goals and objectives of the Affirmative Action plan in question and the objects of this Act, and the prevailing economic conditions for such relevant employer or for the sector of industry in which such employer conducts his/her or its business,” the acting ED continued. 

Furthermore, the Commission should inform the relevant employer in writing about the status of their report, citing findings of facts and reasons in case of disapproval, and subsequently refer the matter to a review panel to be dealt with in accordance with the Act.