Justicia Shipena
Procurement expert Mirjam Bauleth-Nashima has warned that without strong checks and balances, politically connected individuals could exploit the new code of good practices under the Public Procurement Act of 2015.
The government recently announced amendments to the act to introduce guidelines that will give preferential treatment to SMEs, women-owned businesses, youth-owned enterprises, and previously disadvantaged individuals. The announcement was made by minister of international relations and trade Selma Ashipala-Musavyi during the third ministerial regional business engagement in the Zambezi Region.
Bauleth-Nashima said the code aims to promote fairness but warned against sacrificing quality and cost. “The government’s intention to uplift SMEs, women, youth, and previously disadvantaged individuals is clear in terms of principles. The act stipulates mandatory requirements that should be met by all companies participating in tenders. Preferential treatment should not supersede the quality of goods, work, or services required. To safeguard government entities, the substantially lowest responsive bidder should at all times be awarded,” she told the Windhoek Observer.
She said deliberate programmes are needed to help smaller players meet procurement standards and compete fairly.
“This ensures that given a chance to participate in the bidding process, they will reach the final stage of the award, whereby the preferential treatment will be applied. Initiatives such as the National Youth Development Fund can help youth-owned businesses improve their capacity, source raw materials at affordable prices, and deliver quality goods and services.”
Last month, the cabinet approved common guidelines for the operationalisation of the National Youth Development Fund, with an initial allocation of N$257 million and annual subsidies. The fund focuses on project entrepreneurship to help supported entities scale up and reach market maturity, with loan amounts segmented for startups and cooperatives seeking expansion.
Bauleth-Nashima stressed that transparency is critical, especially given past allegations of corruption.
“Although the rules are in black and white, it takes ethics, morals, and integrity to follow them. Transparency can be achieved if every step of the process, from initiation to awards, is made public,” she said.
She added that procurement plans, bid invitations, and notices of award should be uploaded to government websites, with penalties for noncompliance. She also called for direct procurements, including emergency contracts, to be made public.
“Companies contracted within public entities should also be published and their performance regularly monitored. Public scrutiny should be taken seriously, and allegations must be followed up. Stakeholders’ and taxpayers’ concerns should not be undermined,” she said.
Bauleth-Nashima urged strong checks on procurement professionals.
“The procurement professionals who form part of procurement management units, bid evaluation committees, and accounting offices in ministries must stand firm on principles and ethics. Rigorous vetting of these individuals and lifestyle audits of suspected individuals should form part of corruption monitoring,” she said.
She also called for independent law enforcement.
“We should move from the concept of ‘innocent until proven guilty’ to guilty, with substantial evidence, until proven innocent. The president’s call for corruption to be treated as treason should be applied without fear or favour. That is the only way we will see a shift in mismanagement and misappropriation of government resources,” Bauleth-Nashima said.
Founder of BaseCamp, Jesaya Hano-Oshike, welcomed the amendment but stressed fairness.
“It is good that the youth, women, and underprivileged communities are also given preferential treatment. Especially those who don’t have a long-term record with the government can use this money to establish and build their businesses. So I think overall it’s a good thing,” he said.
The procurement reforms are expected to open more opportunities for local businesses, including those in the informal sector.
