Summonses on AA ‘defaulters’ bungled

PLANS by the Employers’ Equity Commission (EEC) to charge 15 companies with allegedly contravening the Affirmative Action (AA) Act have been delayed because of a failure by the Police and the Prosecutor General’s office to serve summonses on the companies in time.

The owners of the former Fidelity Services Group Namibia were scheduled to appear in the Katutura Magistrate’s Court yesterday, but didn’t turn up as they did not know about the matter. The company reportedly failed to submit an affirmative action report in 2001.It has since been taken over by Group 4 Securicor.”We didn’t receive anything like that.We didn’t know,” a surprised Christian Louw, former Fidelity boss, said when asked about his scheduled appearance yesterday.Other companies that were scheduled to appear in court either yesterday or on Friday are Mondi Pak, Global Food Services, Lewis Stores, Wispeco Namibia, Luederitz Smokeries, CC Spar, Professional Security Force Services, HAMS Security Services, Springer Schokoladenfabrik, Santam Namibia, Hero Construction, China Jiangsu International Namibia, Supreme Furnishers, Blue Ocean Products, and The Namibian newspaper.Blue Ocean Products, which is to be charged with contravening the Act in 2005, has since been liquidated.EEC Deputy Director Otniel Podewiltz confirmed yesterday that these companies were supposed to appear in court this week, but added that it had emerged that many of them had not been properly informed about the cases pending against them.”Some will come on Friday.But I’ve had communication with the person responsible for issuing the summonses and it seems the others weren’t properly served either,” Podewiltz said.He said that new summonses with different court dates would now have to be issued to the concerned companies.The Namibian was charged with not submitting an AA report in 2001, according to a list of companies to be summonsed.”The Namibian has never failed to submit documents in terms of the Employment Equity Act.We were a few days late with our first submission in terms of this Act in 2001,” The Namibian’s Editor and Director, Gwen Lister, commented yesterday “Our then Business Manager, Mr Neville Field, immediately wrote a letter of explanation and apology to the Chair of the Employment Equity Commission, Mr Wilbard Uusiku, and immediately forwarded the document and our accountant, Ms Dantagos Gaomas, went to see Mr Uusiku personally about this matter.”Upon being summonsed, companies have an option to pay an admission-of-guilt fine of N$300.If found guilty in court, though, the penalty in terms of the Affirmative Action Act is N$4 000, 12 months’ imprisonment or both for first-time offenders.Repeat offenders could face a N$100 000 fine, five years’ imprisonment, or both.According to EEC Commissioner Uusiku, the companies charged had failed to submit their AA reports by the stipulated deadlines.If not submitted by then, he said, companies could still apply for an extension.Companies employing 25 people or more have to submit AA reports to the EEC annually.The company reportedly failed to submit an affirmative action report in 2001.It has since been taken over by Group 4 Securicor.”We didn’t receive anything like that.We didn’t know,” a surprised Christian Louw, former Fidelity boss, said when asked about his scheduled appearance yesterday.Other companies that were scheduled to appear in court either yesterday or on Friday are Mondi Pak, Global Food Services, Lewis Stores, Wispeco Namibia, Luederitz Smokeries, CC Spar, Professional Security Force Services, HAMS Security Services, Springer Schokoladenfabrik, Santam Namibia, Hero Construction, China Jiangsu International Namibia, Supreme Furnishers, Blue Ocean Products, and The Namibian newspaper.Blue Ocean Products, which is to be charged with contravening the Act in 2005, has since been liquidated.EEC Deputy Director Otniel Podewiltz confirmed yesterday that these companies were supposed to appear in court this week, but added that it had emerged that many of them had not been properly informed about the cases pending against them.”Some will come on Friday.But I’ve had communication with the person responsible for issuing the summonses and it seems the others weren’t properly served either,” Podewiltz said.He said that new summonses with different court dates would now have to be issued to the concerned companies.The Namibian was charged with not submitting an AA report in 2001, according to a list of companies to be summonsed.”The Namibian has never failed to submit documents in terms of the Employment Equity Act.We were a few days late with our first submission in terms of this Act in 2001,” The Namibian’s Editor and Director, Gwen Lister, commented yesterday “Our then Business Manager, Mr Neville Field, immediately wrote a letter of explanation and apology to the Chair of the Employment Equity Commission, Mr Wilbard Uusiku, and immediately forwarded the document and our accountant, Ms Dantagos Gaomas, went to see Mr Uusiku personally about this matter.”Upon being summonsed, companies have an option to pay an admission-of-guilt fine of N$300. If found guilty in court, though, the penalty in terms of the Affirmative Action Act is N$4 000, 12 months’ imprisonment or both for first-time offenders.Repeat offenders could face a N$100 000 fine, five years’ imprisonment, or both.According to EEC Commissioner Uusiku, the companies charged had failed to submit their AA reports by the stipulated deadlines.If not submitted by then, he said, companies could still apply for an extension.Companies employing 25 people or more have to submit AA reports to the EEC annually.