CRAN under fire for ‘female-only’ job advert
Regulator preaches diversity
The Communications Regulatory Authority of Namibia (CRAN) has come under heavy criticism after publishing a vacancy that excluded male applicants — a move described by labour experts as unconstitutional and in violation of the Labour Act.
The September advert, for the position of Specialist: ICT Systems [C4], specified that it was open to “female candidates only”. In the advert, CRAN justified its decision, saying it was part of its efforts to promote diversity and inspire more women and girls to pursue careers in the science, technology, engineering and mathematics (STEM) fields, where female representation remains low.
Labour expert Herbert Jauch called the advert unlawful and discriminatory, saying Namibia’s Constitution and the Labour Act provide no legal basis for outright gender-based exclusion at the recruitment stage.
“I have never come across an advert that limits applicants upfront to just one gender. This is most likely a violation of the Constitution, but also of the Labour Act,” Jauch told Namibian Sun.
He stressed that while affirmative action is recognised in law, the correct legal instrument — the Employment Equity Affirmative Action Act — only allows employers to prefer candidates from historically disadvantaged groups at the final selection stage. Importantly, he added, adverts must remain open to all applicants.
Preference vs. exclusion
“The advert itself has to be open to everyone. When making the final choice, justified and legal preference can be given to candidates from specific groups,” Jauch said. “In this case, there’s nothing wrong if CRAN gave preference to women applicants. But excluding men upfront is another matter altogether, and it could be legally challenged.”
He further noted that CRAN’s approach undermines the principle of equal opportunity and risks being overturned if tested in court. “Employers must balance efforts to redress historical imbalances with the constitutional principle of fairness. CRAN violated that principle by excluding men outright,” he added.
Jauch suggested that the regulator could have achieved the same goal legally by wording the advert differently. “They could have said, for example, we particularly encourage women to apply. And if qualified women were available, preference could then be given to them at the appointment stage. But CRAN went a step further, and that’s where the problem lies,” he explained.
Boy, you’re on your own
Critics have also raised concerns that such practices disadvantage the boy child by creating barriers for male applicants in an already competitive job market. They argue that while affirmative action is necessary, excluding young men outright risks fuelling resentment and undermines the principle of fairness that Namibia’s labour framework is built upon.
Legal experts now warn that the regulator could face a constitutional challenge, as its advert appears to fall foul of Namibia’s equality laws. They argue that CRAN must urgently review its recruitment practices to ensure they comply with national legislation while still promoting diversity and inclusion.
CRAN has not responded to a request for comment since last week.
The September advert, for the position of Specialist: ICT Systems [C4], specified that it was open to “female candidates only”. In the advert, CRAN justified its decision, saying it was part of its efforts to promote diversity and inspire more women and girls to pursue careers in the science, technology, engineering and mathematics (STEM) fields, where female representation remains low.
Labour expert Herbert Jauch called the advert unlawful and discriminatory, saying Namibia’s Constitution and the Labour Act provide no legal basis for outright gender-based exclusion at the recruitment stage.
“I have never come across an advert that limits applicants upfront to just one gender. This is most likely a violation of the Constitution, but also of the Labour Act,” Jauch told Namibian Sun.
He stressed that while affirmative action is recognised in law, the correct legal instrument — the Employment Equity Affirmative Action Act — only allows employers to prefer candidates from historically disadvantaged groups at the final selection stage. Importantly, he added, adverts must remain open to all applicants.
Preference vs. exclusion
“The advert itself has to be open to everyone. When making the final choice, justified and legal preference can be given to candidates from specific groups,” Jauch said. “In this case, there’s nothing wrong if CRAN gave preference to women applicants. But excluding men upfront is another matter altogether, and it could be legally challenged.”
He further noted that CRAN’s approach undermines the principle of equal opportunity and risks being overturned if tested in court. “Employers must balance efforts to redress historical imbalances with the constitutional principle of fairness. CRAN violated that principle by excluding men outright,” he added.
Jauch suggested that the regulator could have achieved the same goal legally by wording the advert differently. “They could have said, for example, we particularly encourage women to apply. And if qualified women were available, preference could then be given to them at the appointment stage. But CRAN went a step further, and that’s where the problem lies,” he explained.
Boy, you’re on your own
Critics have also raised concerns that such practices disadvantage the boy child by creating barriers for male applicants in an already competitive job market. They argue that while affirmative action is necessary, excluding young men outright risks fuelling resentment and undermines the principle of fairness that Namibia’s labour framework is built upon.
Legal experts now warn that the regulator could face a constitutional challenge, as its advert appears to fall foul of Namibia’s equality laws. They argue that CRAN must urgently review its recruitment practices to ensure they comply with national legislation while still promoting diversity and inclusion.
CRAN has not responded to a request for comment since last week.
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