Revisiting Namibia’s Affirmative Action Policy: Restoring equity, merit and public trust

Namibia’s Affirmative Action (Employment) Act, 1998 (Act No. 29 of 1998), was enacted as a corrective response to the structural injustices imposed by colonialism and apartheid.

Its primary objective, as stated in section 3 of the Act, is to achieve equal opportunity in employment and to eliminate discrimination against designated groups, including women and previously disadvantaged persons. At the time of its adoption, the policy represented a progressive and morally necessary intervention in a deeply unequal society.

More than 25 years later, however, it is both reasonable and responsible to re-examine whether the policy, as currently implemented, continues to serve its intended purpose.

While the purpose of affirmative action remains legitimate, growing concern exists that its application has, in some instances, drifted away from redress and towards exploitation.

There is a growing public perception that individuals in positions of authority use affirmative action provisions to justify favouritism, patronage, and corruption rather than genuine inclusion.

This undermines the credibility of the policy and weakens trust in public institutions. One of the most contentious aspects of current practice is the tendency, real or perceived, to prioritise demographic characteristics over competence.

Although section 5 of the Act does not require the appointment of unqualified persons, its implementation has sometimes led to recruitment outcomes in which highly qualified candidates are overlooked in favour of less competent applicants, based solely on gender or background.

This interpretation misrepresents the spirit of affirmative action, which was never intended to replace merit but to remove unfair barriers to merit. Such practices carry serious institutional consequences.

In critical sectors such as education, health, and public administration, the appointment of underqualified personnel compromises service delivery, organisational effectiveness, and long-term development.

Over time, this erodes professional standards, demoralises skilled workers, and fuels social resentment, resulting in outcomes that contradict the constitutional value of fairness and efficiency.

Importantly, the current trajectory also risks harming the very groups affirmative action seeks to empower. When an appointment is perceived as politically or demographically motivated, beneficiaries are unfairly stigmatised, and their achievements questioned. Sustainable empowerment cannot be built on lowered standards, but must be grounded in capacity, training, and transparent opportunity.

Clarify eligibility criteria

For these reasons, a structured policy review is not an attack on social justice, but a defence of it.

The Namibian government should consider reviewing the Affirmative Action (Employment) Act to strengthen accountability mechanisms, clarify eligibility criteria for designated groups, and reinforce minimum competency thresholds.

Regular impact assessment, as well as closer alignment between affirmative action and national skills development strategies, would ensure that equity and excellence advance together.

Namibia’s struggle against inequality is ongoing, and demands continued commitment. However, justice that weakens institutions is unsustainable.

A recalibrated affirmative action framework that is faithful to redress, anchored in merit, and protected from abuse, would honour both the letter and the spirit of the law.

The time has come not to abandon affirmative action, but to reform it so that it strengthens institutions, restores public confidence, and contributes meaningfully to a capable and inclusive Namibian state.

Kapena Nkayi Maseke is a professional nurse and education practitioner. The views expressed are entirely his and are not meant to attack the benefits of the policy nor to be considered a call to abandon it; rather, they are a democratic citizenry's call to strengthen the policy and restore public trust.