Swakopmund — Labour minister Uutoni Nujoma has sought approval in the National Assembly to reappoint the Employment Equity Commissioner, advocate Otniel Podewiltz, whose term expires at the end of this month.
The EEC was established to enquire whether a relevant employer has adopted and is implementing an affirmative action plan, and whether any affirmative action plan or measures meet the objectives of and take actions prescribed by the law.
The EEC also addresses imbalances at the workplace arising from the discriminatory socio-economic dispensation which had previously existed in this country.
Currently, every institution employing 10 or more people in Namibia must register with the EEC, as the aim is to ensure that the government's affirmative action principles are applied and controlled, and that no unfair labour practices exist at the workplace.
It falls under the labour ministry.
Nujoma, who took to the floor on Tuesday, indicated that the commissioner was appointed for a five-year term in 2019, and that he be reappointed for another year to ensure a smooth transition and stability of office. The term of office of the commissioner is five years, but the commissioner is eligible for reappointment.
However, the previous commissioner was in office for 20 years, so an extension was granted for three consecutive terms.
"The principal consideration here is that the future of the EEC is at risk if we fail to ensure a smooth transition and stability. At present and for a considerable period now, the commission is operating without the immediate subordinate, the deputy director, who was promoted and joined the ministry of health. The recruitment process is underway, but not yet completed," he told the august House.
Nujoma said the next-level employee after the commissioner currently is a senior employment officer.
Hence, with the commissioner out of office, there will be a serious leadership gap and more importantly, no opportunity for a smooth transfer. The term of office of the 7th Employment Equity Commission will also come to an end on 31 October 2024, and Podewiltz, although appointed for a five-year term, never had the opportunity to complete five years as commissioner because of the Covid-19 pandemic. Him acting as the executive director at the ministry from January 2023 to 30 September 2023 also impacted his ability to render a full service to the EEC.
"The EEC under the leadership of the commissioner conducted a thorough review of the systems and processes at the EEC since its inception about 20 years ago. Consequently, the commission developed a turnaround strategy. This programme is effective in the 2022/2023 financial year in the implementation stage. The role and involvement of Podewiltz in the transformation agenda and his involvement in its implementation cannot be underestimated, and will surely have an impact on the operations if he must exit at this early stage," the minister reasoned.
He said to develop and implement an Integrated Review Scorecard (IRSC) assessment for the review and rating of compliance by employers, and the 2023/2024 financial year is a test year for the full implementation of this new system.
The expectation is that further adjustments and improvements may be required for the new system, which puts the whole process in jeopardy if the key architect is no longer available.
In addition to the scorecard and following the reduction of the reporting threshold, new reporting templates and mechanisms have been put in place at the EEC. AA report submissions by the newly-identified employers, those employing between 10 and 19 people, are expected from mid-March 2024. The commission expects well over 3 000 new submissions in this regard.
"To expect a newly-appointed commissioner, no matter the level of competence and expertise, to walk in and handle this, especially without a deputy director or management support available, will be a tall order. The work on the EEC 2024 annual report for 2022/2024 and 2023 is at an advanced stage, and is spearheaded by Podewiltz. This report was delayed for close to four years due to the collapse of the EEC electronic case management system. We foresee serious challenges with the commissioner out of the picture at this stage," Nujoma appealed.
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He added that the commission is about to submit the amendments to the Act to his office for consideration and further action.
Major changes are introduced in this Bill, and the final drafting is being attended to by Podewiltz.
"His presence in navigating the challenges with the new legislative framework is paramount. The commission is in the process of consultations with stakeholders, especially employers and workers, on the above changes, and many other improvements introduced at the EEC. He has firsthand information on many of the pertinent issues, and is an expert in his field. We are asking for a one-year extension instead of a full five-year reappointment. He is prepared to continue for one more year only. Cabinet support in this regard is required," Nujoma motivated his request.
