Justicia Shipena and Shellygan Petersen
Former prime minister Nahas Angula yesterday told the Windhoek Observer that President Netumbo Nandi-Ndaitwah is “taking a big risk” by assuming direct powers over the licensing of the oil and gas sector.
Angula’s concerns originated from the decision by the executive to move the powers given to the minister of industries, mines and energy under the Petroleum Act to the office of the President.
The transfer of these powers includes the authority to grant, renew, or revoke oil and gas exploration licences and production rights.
Angula said the decision shifts critical responsibilities away from specialised ministries and places them under the presidency, where appeals processes and technical vetting structures risk being weakened.
“The president is taking a big risk. If she is the one who is going to issue those kinds of things, she may not have all the information on the background of people who are applying. If you do that, it means there is no other person who can appeal against your decision,” he said.
Angula stressed that his concern is about principle and not about the suitability of the President herself.
He recalled how executive roles traditionally operated when he served in government, saying the head of state set the policy direction while ministers managed sectoral responsibilities supported by expert teams.
“Presidents rarely involved themselves in sectoral policies. Sectoral policies were done by ministers,” adding that concentrating decision-making in the presidency collapses accountability structures.
“When you delegate responsibility to a minister and the minister makes a mistake, the head of state can come in and vary the decision. But if you allow yourself to get into those things, then you are the minister.”
Angula expressed that he hopes it returns to its established governance model, where the President provides policy direction and ministers lead implementation through proper institutional processes.
“It is better for the government to go back to our original way of operation.”
Constitutional and trust questions emerge
Meanwhile, former member of parliament Elma Dienda questioned whether there’s a need for the ministry if the functions are delegated to Nandi-Ndaitwah’s office.
“The question that one must therefore ask is: Do we still need the said ministry when the core functions will be delegated to the president?” she asked.
She pointed to Article 32(3)(g) of the Constitution, which gives the President the authority to create or dissolve government departments and ministries whenever they consider it necessary or appropriate for the good governance of Namibia.
“Why are there amendments to the act? Because the Constitution of the Republic of Namibia is very clear on the responsibilities of the President, running a ministry is definitely not part of her responsibilities,” she argues.
Dienda said Article 27(2) makes it clear that Namibia’s executive power rests with the President and the Cabinet, adding pointedly that the rule holds “unless the President does not trust her Cabinet.”
“To whom will the President be accountable? To whom will she give her report on these matters, through a state of the nation address or how?” she questions.
She added, “How will checks and balances be done?”
Dienda believes that the President must take her time and see whether this will work since all her ministers already have so much to do.
“Even she herself might find it difficult to have proper control over her responsibilities,” Dienda said.
Political analyst Ndumba Kamwanyah believes that this amendment raises serious concerns about good governance.
“Shifting control of oil and gas from the Ministry [of Industries, Mines and Energy] to the presidency weakens transparency and accountability,” he argues.
Kamwanyah explains his stance, stating that sectors like oil and gas involve huge revenues and potential for corruption.
“So concentrating power in one office undermines checks and balances that are vital in a democracy,” he said.
Kamwanyah believes that the amendment also suggests a lack of trust from [Nandi-Ndaitwah] in her own ministers and senior staff.
“If the Presidency must directly manage such a key portfolio, it implies doubts about competence or loyalty within the existing structures,” he said.
In terms of leadership style, Kamwanyah added that this looks like centralised power—where the President runs the country through direct control rather than through strong, empowered institutions.
“It can make decision-making faster, but it often erodes democratic oversight,” he said.
Arguing from a continental point, Kamwanyah said Namibia and other African countries have seen similar moves before, especially when leaders want tighter control over lucrative sectors.
“In most cases, it leads to less transparency, more politicisation and weaker institutions, rather than improved governance,” he stated.
Let me explain — Kapofi
This amendment was deemed urgent, leading the speaker of the National Assembly to adjust the order of the day in the house to accommodate this motivation at the start, above 14 other matters, including the discussion on the already-tabled mental health bill.
The interim minister of industries, mines, and energy, Frans Kapofi, explained the urgent amendment in the National Assembly yesterday, saying it focusses on six key areas: creating a new petroleum unit, improving oversight and regulations, increasing transparency and reporting to Parliament, enforcing ethical behaviour and interest disclosures, updating the legal framework, and ensuring smooth transitions and continuity.
Kapofi called the bill “of strategic importance to the management and governance of Namibia’s petroleum resources.”
He said the amendment aims to modernise and strengthen the 1991 Act in light of “recent world-class oil discoveries in our offshore basins”, adding that Namibia is now positioned as an emerging energy hub on the continent.
After taking office earlier this year, Nandi-Ndaitwah established the Upstream Petroleum Unit with former mines and energy deputy minister Kornelia Shilunga as special adviser and head of the unit in the Presidency.
Shilunga is deputised by Carlo McLeod as special adviser and deputy head of the unit.
This unit directs, manages, and supervises all upstream petroleum operations in Namibia.
The structure is designed to unify technical, regulatory, and compliance functions under one professional institution, allowing for faster, evidence-based decisions on technical matters.
The bill also formally repeals the former role of the commissioner for petroleum affairs.
To boost accountability, the legislation mandates new transparency measures. It requires annual reporting to the National Assembly by 30 June on all remissions, deferrals or refunds of petroleum royalties.
This ensures “Parliament remains fully informed about the management of petroleum revenues,” said Kapofi.
Expanding conflict-of-interest provisions to include staff and inspectors of the new unit reinforces ethical governance, according to Kapofi.
Senior officials must also disclose their assets and interests to the President. Kapofi confirmed the bill includes transitional and continuity provisions.
This, he says, guarantees all existing licences and approvals will remain valid to ensure “regulatory continuity” and “protect investor confidence”.
Kapofi recommended the bill to the House for consideration, debate, and adoption.
Official opposition leader in the National Assembly Immanuel Nashinge told the Windhoek Observer that this decision implies a problem exists.
“I want to believe that there is a problem there, hence this decision,” he said.
Nashinge on Wednesday evening called for transparency, urging the president to “tell the nation as to why they thought to change.”
He was referring to the firing of the former minister of industries, mines and energy, Natangue Ithete.
The lawmaker argued that Nandi-Ndaitwah must account to the nation for what led to that axing.
Nashinge cautioned that the country’s resources cannot be managed like a private business and argued against removing oil and gas from the ministry, saying the move is inappropriate.
He stressed that transparency must remain central and that individuals causing problems should be addressed first.
The industries, mines and energy ministry estimates that offshore oil and gas reserves could generate up to N$7.7 billion a year in revenue from royalties and taxes. The sector is estimated at 11 billion barrels of oil and 2.2 trillion cubic feet of gas.
