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EEC issues final orders to employers that are non-compliant with Affirmative Action

EEC issues final orders to employers that are non-compliant with Affirmative Action

Staff Reporter

THE Employment Equity Commission (EEC) has issued final orders in respect of seven of the eight designated employers who appeared before its review panel on Wednesday, 21 January 2026, following the disapproval of their Affirmative Action (AA) reports for non-compliance under the Affirmative Action Employment Act of 1998.

The review panel hearings were convened in terms of sections 35 and 40 of the Act to address deficiencies identified in disapproved AA reports and to determine whether the affected employers had taken corrective steps to comply with statutory reporting and consultation requirements.

Otniel Podewiltz, the Employment Equity Commissioner, explained that employers with 10 or more employees are legally required, in terms of section 27 of the Act, to submit compliant Affirmative Action reports.

“Where mediation succeeds and deficiencies are addressed, the review panel is empowered to approve the report. Where mediation fails or non-compliance persists, the panel may issue final and binding orders and refer matters for criminal enforcement under section 47 of the Act, where applicable. The outcomes of the hearings reflect a combination of remedial approvals, where employers demonstrated corrective action taken, and disapprovals with enforcement consequences, where non-compliance exists,” Podewiltz said.

He further stated that of the eight designated employers heard on 21 January 2026, final orders have been issued in respect of seven. The final order in respect of Walvis Bay Primary School is still pending and will be issued in due course.

In the case of Namibia Rotomould Pty Ltd in Okahandja, the review panel approved the AA report after the employer acknowledged the deficiencies and submitted corrective evidence. The panel found that the mediation had succeeded and that the identified shortcomings had been adequately addressed.

Similarly, with Beefcor Meat Suppliers Pty Ltd, following the submission of corrective information, the panel found that the mediation had succeeded and approved the Affirmative Action report. The employer also committed to improving future compliance.

Other employers, including Antonio Residenz Trust, Moncha Trading CC t/a Wykveld Quality Produce, Bidvest Steiner Namibia Pty Ltd, Kongsberg Maritime Namibia Pty Ltd, and Road Fund Administration, however, had their Affirmative Action reports disapproved for various reasons, with some facing criminal offences under section 47(2) of the Act.

Photo for illustrative purposes only.

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