Justicia Shipena
The overlap between the Access to Information (ATI) Act and the Public Procurement Act (PPA) could improve transparency and accountability in government spending.
This is according to the latest edition of the procurement tracker report by the Institute for Public Policy Research (IPPR).
As the government prepares to appoint an information commissioner, which will mark the start of fully implementing the ATI law, the report said the framework could reshape how information is managed in the public sector.
This includes procurement systems that have long faced issues of secrecy and non-compliance.
Both laws mandate the release of key information by government entities, including procurement awards, contracts, and performance reports.
The ATI Act goes further by giving any member of a public, journalistic, or civil society organisation the right to request procurement-related information.
Frederico Links of the IPPR said this overlap is important for improving accountability.
“For too long, procurement information has been locked behind bureaucracy or released selectively. The ATI Act gives the public and media a stronger hand to demand data that should already be public under the Procurement Act. Together, these laws could redefine the boundaries of government transparency in Namibia,” he said.
The World Bank’s 2023–2024 Methodology for Assessing Procurement Systems (MAPS) report classified Namibia’s procurement transparency as a “red flag” area.
It cited outdated and inaccurate data and persistent non-compliance by public entities.
The report found that many entities failed to submit procurement reports to the Procurement Policy Unit on time, weakening accountability.
Links said the ATI framework could help close these gaps by allowing more scrutiny.
“If effectively implemented, the ATI Act can force compliance from entities that have ignored their obligations for years,” he said.
The Public Procurement Amendment Bill of 2025 aims to strengthen this link further. It proposes a new Public Procurement Regulatory Authority with enforcement powers to replace the current Procurement Policy Unit, which lacks such capacity.
The bill also seeks clearer disclosure rules and the creation of a procurement court and an administrative review committee for dispute resolution. These mechanisms would complement the ATI law’s oversight role, Links said.
Both frameworks are expected to be operational in the 2026/27 financial year.
Links warned that underfunding could undermine progress.
“Passing laws is one thing; ensuring they work in practice is another. The same excuse of ‘no resources’ has delayed the ATI Act’s implementation since 2022. Without funding, these laws will remain powerful only on paper,” he said.
IPPR noted that if both laws were enforced as planned, citizens, journalists, and civil society would be able to request and analyse procurement data, from tender details to contractor performance.
Entities will have to respond within set timeframes, limiting secrecy.
“The overlap between the ATI and procurement laws is not duplication; it’s reinforcement,” Links said.
