Finally awake – Labour researcher reacts to EEC summoning 13 companies

STAFF WRITER

LABOUR Research Expert, Herbert Jauch  on Tuesday  lauded the Employment Equity Commission (EEC)  for what he termed ‘finally waking up from years of sleep’.

He said for years the EEC was asleep and did  not remind employers of their duties.

This comes after the  EEC summoned 13 Relevant Employers (RE)  to appear before a review panel for failing to comply with the Affirmative Action  Act. The hearings are scheduled for 13-14 August 2025. 

Speaking to Namibia Business Review Jauch said , “After being dormant for several years, the EEC seems to wake up and wants to remind some employers about their obligations.”

The list of those summoned includes  the Ministry of Agriculture, Water and Land Reform and the  Ministry of Industrialisation and Trade.

Jauch said in such cases the ministries’ Executive Director can be held accountable if found to be  on the wrong side.

“Overall, I do not expect any drastic action against the companies and ministries that were summoned. However, Ministries can be held accountable legally and can be fined. The accounting officer (ED is administratively responsible while the Minister carries political responsibility,” Jauch said. 

He said he expects those caught on the wrong side  to be given warnings and sometime to rectify their shortcomings. 

“The message to others seems to be that the government has not completely forgotten about affirmative action and that employers are still expected to comply with the provisions of the Act,” he said. 

The Namibian Affirmative Action (Employment) Act, aims to promote equal opportunities in employment for previously disadvantaged individuals. 

It mandates employers to develop and implement affirmative action plans to address historical disadvantages and ensure fair representation of designated groups, including racially disadvantaged persons, women, and people with disabilities. The Act also establishes the Employment Equity Commission to oversee its implementation. 

In a statement the EEC said members of the public are allowed to attend and observe as per the provisions of section.

In Namibia Relevant Employers refers to those that employ 10 or more employees and  are legally required to implement affirmative action m e a s u r e s and submit annual reports to the EEC.

“ The employers in question submitted their Affirmative Action Annual Reports to the Commission for review. However, these reports were ultimately disapproved because they failed to comply with the specific requirements outlined in the Act. Due to this non-compliance, the Commission issued summonses to address the deficiencies noted in the reports,” a statement signed  by the Executive Director and Accounting officer in the Ministry of Justice Labour Relations Audrin Mathe on Tuesday said.

 Mathe said the EEC  also retains the right to initiate criminal charges against employers for non-compliance, which constitutes offences under the Act.

“ As a result, a Review Panel, convened under section 35 of the Act, will conduct hearings to ensure that relevant employers are held accountable for their employment practices. The panel will provide a platform to evaluate whether genuine efforts are being made towards fair and equitable employment practices,” the statement said.

It added that the  hearings will also serve as an opportunity for the review panel to mediate and persuade employers to address the shortcomings in their reports.

“Furthermore, the public hearings will support the objectives of the Affirmative Action Act, which seeks to redress historical imbalances and promote fair and equitable employment practices across all sectors of the economy. The Commission is committed to correcting historical inequalities, increasing the representation of previously disadvantaged groups, and fostering inclusivity, diversity, and non- discrimination in workplaces in every sector,” the statement said.