Affirmative action plans

Section 23

(1)  Subject to section 24, every relevant employer shall prepare and implement a three-year affirmative action plan–

(a)       specifying the affirmative action measures to be instituted in order to –

1. eliminate employment barriers against persons in designated groups;
2. make available positions of employment to such persons, provided that it is reasonably possible; and
3. ensure that such persons are equitably represented in the various positions of employment;

(b)  setting out the affirmative action objectives which he or she or it expects to achieve, by setting out, where appropriate, numerical goals for increasing the representation of persons in designated groups in each job category and grade or equivalent thereof in his or her or its employment;

(c)  establishing a timetable for the achievement of the objectives referred to in paragraph (b);

(d)  setting out an internal procedure to monitor and evaluate the affirmative action plan,

(e)  and identify a senior employee in his or her or its employ who will have overall responsibilities for the implementation of such affirmative action plan.

(2)  For the purposes of subsection (1), the Office of the Prime Minister shall, on the recommendation of the Public Service Commission established by section 2 of the Public Service Commission Act, 1990 (Act No. 2 of 1990), and after consultation with the relevant Permanent Secretary, prepare an affirmative action plan for every office, ministry or agency in the public service identified as a relevant employer.

Consultation and assistance of employees

Section 24

(1)  For the purposes of developing and implementing an affirmative action plan, a relevant employer shall carry out consultations with the representatives of his or her or its employees and, where there is a trade union representing the interest of such employees, also with such trade union, concerning–

(a)   the preparation, implementation and revision of that employer's affirmative action plan;

(b)  the assistance of such representatives or trade union in communicating matters relating to the affirmative action plan to such employer's employees; and

(c)  the participation of such representatives or trade union in monitoring the affirmative action plan.

(2)  Representatives consulted in terms of subsection (1) shall reflect the interests of employees from across all occupational categories and levels of the employer's workforce, employees from designated groups and employees who are not from designated groups.

[Namibia, Affirmative Action (Employment) Act, No. 29 of 1998]