Section 17

(1)  For the purposes of this Act "affirmative action" means a set of affirmative action measures designed to ensure that persons in designated groups enjoy equal employment opportunities at all levels of employment and are equitably represented in the workforce of a relevant employer.

(2)  Without limiting the generality of the definition in subsection (1), an affirmative action measure referred to in that subsection includes, but is not limited to –

(a)       identification and elimination of employment barriers against persons in designated groups;

(b)       making reasonable efforts in the workplace to accommodate, physically or otherwise, persons with disabilities; and

(c)       instituting positive measures to further the employment opportunities for persons in designated groups, which may include measures such as –

ensuring that existing training programmes contribute to furthering the objects of this Act;

establishing new training programmes aimed at furthering the objects of this Act; and

giving preferential treatment in employment decisions to suitably qualified persons from designated groups to ensure that such persons are equitably represented in the workforce of a relevant employer.

(3)  To determine whether a designated group is equitably represented in the various positions of employment offered by a relevant employer, the Commission shall take into account, in addition to such other factors as it may determine –

(a)       the availability of suitably qualified persons in that designated group for such positions of employment; and

(b)       the availability of persons in designated groups who are able and willing, through appropriate training programmes, to acquire the necessary skills and qualifications for such positions of employment.

Designated groups

Section 18

(1)  For the purposes of this Act there shall be three designated groups, namely –

(a)       racially disadvantaged persons;

(b)       women; and

(c)       persons with disabilities.

[...]

Relevant employers

Section 20

(1)  The Minister shall by notice in the Gazette identify the employers who, as relevant employers, shall comply with this Act.

(2)  The Minister shall in the notice referred to in subsection (1) identify an employer as relevant employer –

(a)       by naming –

(i)        such employer either individually or by category as relevant employer; or

(ii)       in the case of the public service, any office, ministry, or agency as set out in Schedule 1, 2 or 3 of the Public Service Act, 1995 (Act No. 13 of 1995), as relevant employer; or

(b)       by setting out in such notice –

(i)        the criteria; or

(ii)       the numerical base for calculating the number of employees employed by an employer,

by which such employer shall be so identified.

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