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Exemption from Understudy Provisions Exemption from Understudy Provisions

Preferential treatment of designated group 19. (1) In filling positions of employment a relevant employer shall give preferential treatment to suitably qualified persons of designated groups. (2) Where two or more suitably qualified candidates from designated groups qualify for a position of employment, the employer shall give priority - (a) (b) to a candidate who is a Namibian citizen; or if all such candidates are Namibian citizens, to the candidate who belongs to more than one designated group. (3) Subject to subsection (4), a relevant employer shall, with due regard to the purposes of this Act, train a Namibian citizen as the under study of every non-Namibian citizen employed by him or her or it. (4) The Minister may, upon application in writing by a relevant employer referred to in subsection (3), and after consultation with the Minister of Higher Education, Vocational Training, Science and Technology and the Labour.

Once a relevant employer, who employs a non-Namibian employee, is unable to appoint a Namibian understudy, such a relevant employer must do as follows:

  • Apply for exemption from complying with such understudy provisions to the Minister of Labour, Industrial Relations and Employment Creation (See appended templates).
  • Such an application shall be made within a period of 90 days from the date of appointment of  a non-Namibian employee.
  • Where such a relevant employer is unable to submit such exemption application to the Minister within a period of 90 days, such a relevant employer shall submit an application to the Employment Equity Commission for the extension of such a period.
  • Make regular enquiries on the status of such exemption application/s.
  • Furnish the Employment Equity Commission with the outcome of such an exemption as soon the employer receives it.
  • Comply with the conditions attached to the exemption from compliance with the understudy provisions.