RFA and 14 other entities summoned after employment equity reports disapproved

The Employment Equity Commission has criticised inaccurate reports submitted by the Road Fund Administration (RFA) and other entities.

This emerged at hearings of the commission’s review panel on Wednesday, which cited discrepancies in reports that led to entities being summoned for alleged noncompliance.

The commission’s review officer, Dominga Nurenga, flagged shortcomings after receiving a report on 18 October 2025. RFA’s report was disapproved yesterday.

Nurenga said that among the problems she identified were workforce profile figures that do not match the 2024 data, and that the fund also failed to submit its evaluation report.

This was referred to the commission’s chief review officer, Geaven Mufalali, in November last year, she said.

She also said the shortcomings noted in 2025 were the same as those flagged in 2024.

Mufalali explained that the report was tabled in a commission meeting on 8 December 2025. However, it was not approved, as the road fund failed to correct the shortcomings as required.

“Procedurally, the employer was informed of the nonapproval of the report,” said Mufalali. “Naftal Nendongo [from RFA] approached my officer and said he would correct the shortcomings, but he never gave me a response. A summons was then issued.”

The commission summoned 15 entities on Monday because they were non-compliant in terms of the Affirmative Action Act 29 of 1998.

“The Affirmative Action (AA) report was disapproved on the basis that the workforce profile is not reconciling, and there is no evaluation of the AA implementation plan during the reported period,” says commission review panel chairperson Petrina Nghidengwa in her final order verdict.

She says the company did not submit records of consultations for the reporting period, which should include the meeting of the AA committee as provided for in section 24 of the Affirmative Action Act.

In his submissions, road fund chief executive Ali Ipinge explains that the rectification of shortcomings was delayed because of unforeseen circumstances, as the person who deals with the affirmative action reports was on sick leave.

“We apologise for the delay in correcting those reports meant to be submitted on 29 October. But … the reports were updated beyond the limited time,” Ipinge says.

Road fund strategic services executive Patricia Keeja also apologises for the delay, saying that in October she was booked off work because she was sick.

Despite this, Ipinge has submitted a new corrected report to the review panel, but Nghidengwa says it needed reviewing and the fund had to appear for a final review decision.

Labour relations spokesperson Jerry Namalenga says when a AA report is disapproved, it means the employer is non-compliant with the act.

“If mediation failed or the employer didn’t fix the defects, the matter moves into enforcement and the failure can amount to a criminal offence under section 47.”

Namalenga says in some limited cases the panel may allow a short period to correct and resubmit, but where mediation has failed, there is usually no further grace period.

“Not all disapprovals result in criminal charges as it depends on the degree of the offence,” Namalenga adds.

Letshego Bank also appeared before the review panel; it failed to record a non-Namibian employee serving as an understudy for 12 years, and no exemption was granted.

The workforce profile also did not reconcile with the previous report, and omissions of Namibian trainees on understudy were discovered.

Similar shortcomings were also flagged by the review panel in the Namibia Training Authority report.

DISAPPROVED

The AA reports of Moncha Trading CC, Kongsberg Maritime, Antonius Resident Trust, and Bidvest Steiner Namibia were also disapproved due to failed mediation, amid noncompliance with sections 24 and 47(2) of the Affirmative Action Act.

Three entities were charged with criminal offences, while the matters of two other entities were referred to the Employment Equity Commission’s administrative head for further investigation of potential criminal liabilities.

Reports from Beefcor Meat Suppliers and Namibia Rotomould were the only reports approved on the day.

Walvis Bay Primary School did not appear, as the commission’s final order is still pending due to ongoing considerations regarding persons with disabilities.

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