Renthia Kaimbi
President Netumbo Nandi-Ndaitwah’s takeover of the Ministry of Industries, Mines and Energy has sparked a debate over whether she overstepped constitutional limits by appointing herself to the position.
Independent Patriots for Change (IPC) leader Panduleni Itula accused Nandi-Ndaitwah of violating the Namibian Constitution and the Assignment of Powers Act 4 of 1990.
He said Nandi-Ndaitwah’s move to take charge of the ministry after firing Natangue Ithete was “a gross violation” of her oath of office and the law.
“The president must seriously consider whether she acted within the law by appointing herself as minister for mines and energy, something implicitly prohibited by both an act of Parliament and the Namibian Constitution,” Itula said.
He argued that article 28 (2)(a–d) of the Constitution, which bars the vice president from holding another office, implies that the president cannot also serve as a minister.
Itula said section 4 of the Assignment of Powers Act only allows another minister to act in a vacant post.
“By appointing herself, the president violated the very act. She is also not a member of the National Assembly, which makes it unconstitutional for her to hold a ministerial office that is accountable to Parliament,” he stated.
He said the move undermines the separation of powers.
“When the president is also a minister, she becomes accountable to herself. That is a complete violation of the principles and tenets of our Constitution,” he said.
Itula questioned whether the attorney general had provided accurate legal guidance to Nandi-Ndaitwah, suggesting that the situation raises concerns about the quality of the advice given and noting that no law authorises the president to serve as a minister.
“Corruption cannot be fought by violating the Constitution. The president was right to fire the minister if she had sufficient reason, but she was wrong to take over the position herself.”
He urged Nandi-Ndaitwah to appoint another minister. Itula also questioned the president’s leadership.
“Within seven months, two ministers have been dismissed or resigned. It raises concerns about the integrity of appointments made by the president. It was right that she fired them if there was cause, but wrong to assume a ministerial office herself. The Constitution must be protected—not even the president is above it.”
On Sunday, Nandi-Ndaitwah relieved Ithete of his duties as deputy prime minister and minister for industries, mines, and energy. No reason was given, but the presidency announced that she would serve as minister until a replacement is appointed. Deputy minister Gaudentia Kröhne remains in her position.
MPs may move to challenge the decision
Corporate governance expert Johannes Coetzee said there is no explicit ban preventing the president from taking on ministerial duties temporarily.
“There is no explicit prohibition in the Constitution that prevents the President from temporarily assuming the functions of a minister if the office becomes vacant until a new appointment is made,” he said.
He said this is standard practice in other countries.
“This arrangement is legally sound under Article 32(3)(j), as the President remains the ultimate executive authority and head of the Cabinet,” he said.
The Constitution also allows parliament to review presidential actions.
Under Article 32(9), one-third of National Assembly members can propose a motion to reverse a presidential action, which requires a two-thirds vote to pass.
On Monday, Nandi-Ndaitwah met staff of the ministry in a closed-door session. The media was asked to leave after introductions. When asked about Ithete’s dismissal, presidential press secretary Jonas Mbambo said the reasons remain within the presidency and will not be made public for now.
In a statement shared later that evening, Nandi-Ndaitwah urged staff to embrace renewal and unity following the leadership change.
“I wanted to speak to you personally because I know that recent developments in the ministry may have come as a surprise to many of you. It is natural to feel uncertain when changes occur. I want to assure you that there is no reason to be fearful. This is not a time to worry. It is a time for renewal, reflection, and rededication to the important work that we are all here to do,” she said.
She encouraged staff to take pride in their work and serve with discipline.
“There is no such thing as a small job in public service. Whether you are a cleaner, a driver, a security guard, a receptionist, or an administrator, you are part of a larger purpose,” she said.
Nandi-Ndaitwah said her decision aimed to promote stability, renewed focus, and a stronger sense of purpose within the ministry. She stressed that success would rely on teamwork and collective effort rather than individual roles. She urged the staff to demonstrate leadership through their attitude, responsibility, and consistency, encouraging them to lead by example in their respective positions.
