Which Country Has Successfully Implemented the Policy of Affirmative Action and Why Did It Succeed?

IMPLEMENTING AFFIRMATIVE ACTION
IN NAMIBIA
A summarised guide to the Affirmative
Action (Employment) Act (Act 29 of 1998)
published and distributed by
Namibia Institute for Democracy

Updated 3rd Edition
© April 2000
All rights reserved

Contents by Dr.J.W.F. van Rooyen

NAMIBIA INSTITUTE FOR DEMOCRACY
Namibia Institute for Democracy
53 Independence Avenue
P.O. Box 11956,
Windhoek, Namibia
Tel: (061) 229117/8
Fax: (061) 229119
E-mail: nid@mweb.com.na
http://www/iwwn.com.na/nid

1

FOREWORD
The writers of the Namibian Constitution perceived a need for affirmative action as a
necessary condition for bringing about change in a previously discriminatory society.
Therefore Article 23(2) addresses the issue of affirmative action by stating that
nothing contained in Article 10 of the Constitution shall prevent Parliament from
enacting legislation providing directly or indirectly for the advancement of persons
within Namibia who have been socially, economically or educationally disadvantaged
by past discriminatory laws and practices. It similarly provides for the implementation
of policies and programmes aimed at redressing imbalances in the Namibian society
arising out of this unfortunate historic situation.
The Government of Namibia has, since then, frequently expressed its concern about
the high rate of unemployment of previously disadvantaged communities, skewed
income distribution and other human resources related shortcomings. The
implementation of the Labour Act (Act 6 of 1992), was an important attempt to remedy
the situation. A further major step forward has been the promulgation of the
Affirmative Action (Employment) Act (Act 29 of 1998) which outlines measures that
relevant employers are required to adhere to in order to ensure that persons in
designated groups enjoy equal opportunities and are fairly represented in the various
positions of employment.
In order to ensure the successful implementation of these measures... [continues]

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