IMELDA AMBONDO
Proposed amendments in the Petroleum Exploration and Production Amendment Bill 2026 faced stiff resistance from opposition parliamentarians last week.
The government says the amendments are necessary to curb possible corruption and maladministration in issuing Petroleum Exploration Licences. The bill, tabled by the Minister of Industries, Mines and Energy, seeks to give firm control of the upstream oil and gas sector to President Netumbo Nandi-Ndaitwah.
The President argues this will allow the country to learn how to manage the new industry while preventing misuse of national resources. Critics, however, say moving such a vital sector under the Presidency risks manipulation and weakens parliamentary oversight.
All People’s Party MP Ambrosius Kumbwa told parliament that the amendments give too much power over oil and gas to the President and could harm democracy and public trust. He said the Upstream Petroleum Unit (UPU), a specialised regulatory body under the Presidency, derives its constitutional mandate from Article 32 of the Namibian Constitution.
Kumbwa warned the amendments carry risks of abuse, self-interest, and the creation of a private fiefdom over time.
“The head of state is administratively and legislatively not accountable to Parliament. Parliament may summon the minister, not the President, to answer for any omissions resulting from professional incompetence,” he said.
The bill proposes establishing the UPU under the Presidency, replacing the current ministry-centered model, and transferring executive powers. Powers previously held by the Minister of Mines and Energy—such as entering petroleum agreements, making regulations, and managing royalties—would shift to the President. The UPU would be led by a Director-General (DG) and Deputy Director-General (DDG), with the DG granting licenses and the DDG handling technical duties formerly managed by the Commissioner for Petroleum Affairs.
Kumbwa said the President should supervise and intervene only when necessary, not serve as both player and referee.
“When the electorate cries, we must hear them, accommodate them, and support them, because they witness both successes and shortcomings in our governance of national resources such as oil and gas.”
He added that promoting personal preference “makes the electorate unhappy and excluded, despite the powers, duties, and responsibilities entrusted for execution.”
“The law is clear; however, the current situation cannot accommodate the Head of State’s decision. It is not in the nation’s interest as a Unitary State.”
Independent Patriots for Change (IPC) Shadow Minister of Gender Equality and Child Welfare Lilian Lutuhezi also rejected the bill, saying it undermines the Constitution’s separation of powers and reduces transparency and accountability.
“Our natural resources belong to the State, meaning the people of Namibia. They do not belong to an individual, an office, or a political party,” she said.
She quoted IPC leader Panduleni Itula:
“Namibia must not replace colonial extraction with elite extraction.”
Lutuhezi questioned accountability if petroleum governance is placed under the Office of the President.
“The President does not sit in this House. The DG does not sit here. The deputy does not sit here. Who will answer? Who will table petroleum agreements? Who will explain licensing decisions? Who will account for billions in petroleum revenue?”
She emphasised that oversight must be strong and enforceable, not symbolic or dependent on goodwill.
“Trusting a single leader is risky. Today we may trust the person in office; tomorrow, we may not. One bad petroleum contract can affect generations. Without strong parliamentary oversight, petroleum revenue may not reduce poverty, support vulnerable families, or strengthen social protection systems.”
“Petroleum is not presidential property. It is not executive property. It is the inheritance of the Namibian people. Power must never sit where it cannot be questioned. Authority must never exist without accountability. We are custodians, not owners.”
IPC Shadow Minister for Defence and Veterans Affairs Aloisius Kangulu also opposed the amendments, warning they could weaken oversight and concentrate power in the Presidency. He said transferring key regulatory powers to the UPU risks confusion and duplication of roles.
“Governance is not strengthened by multiplying centres of power without dissolving or aligning the old ones,” he said.
Kangulu noted that Namibia already has institutions handling petroleum regulation and questioned the national security justification for placing oil and gas under the Presidency. He warned that focusing only on upstream activities without downstream oversight could expose Namibia to price manipulation and revenue losses.
“Prosperity cannot be achieved through perpetual institutional resets. It requires continuity, predictability, and respect for long-term national frameworks.”
He also raised constitutional concerns, noting that the 1991 Petroleum Act places authority within a ministerial framework subject to parliamentary oversight. Concentrating power in the Presidency could weaken checks and balances.
Landless People’s Movement leader Bernadus Swartbooi also expressed dissatisfaction with the bill, agreeing that corruption in the Ministry of Mines and Namcor needs to be addressed but arguing that the amendments are unconstitutional.
Political analyst Henning Melber echoed concerns.
“There may be trust in the current office bearer, but this structure will be inherited by successors. Personalised control undermines institutional oversight,” he said.
Melber warned that President Nandi-Ndaitwah would bear sole responsibility if problems arise.
“Even with the best intentions, loopholes may benefit illegal practices. She would have the sole blame to accept. Public suspicions should be seen as a warning signal.”
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