On 30 September 2026, Professor Job Shipululo Amupanda contributed to the Petroleum (Exploration and Production) Amendment Bill, 2025, in Namibia's National Assembly. Amupanda expressed concerns about the Bill, framing the debate in terms of cognitive dissonance. He argued that when the Bill's key assumptions were challenged, its defenders mounted a coordinated but uncritical response that did not align with the Bill's actual text. This, Amupanda claimed, highlighted a significant gap between the Bill's actions and its defense.
The Petroleum Amendment Bill, as tabled by Honourable Tshitumbe tshaAmutse, the portfolio minister, focuses on six main areas: establishing the Upstream Petroleum Unit, streamlining technical oversight and regulatory clarity, enhancing transparency and parliamentary reporting, promoting ethical conduct and disclosure of interests, modernizing the legal framework, and transitional and continuity provisions. These stated intentions, Amupanda noted, are secondary only to the Bill's actual content. However, upon closer examination, Amupanda argued that the Bill's true purpose is more concerning.
A careful reading of the Bill reveals that its primary objective is to reconfigure power and its institutional anchors. The Bill achieves this by transferring powers from the Minister to the President and other presidential appointees. Specifically, Clause 1(a) of the Bill substitutes the term "Minister" with "President" in several sections of the principal Act, effectively transferring substantial powers from a Minister accountable to Parliament to the President. This move has significant implications for accountability and governance.
Furthermore, the Bill transfers powers from the Minister to the Director-General, a person working directly for the President. Clause 1(b) substitutes the term "Minister" with "Director-General" in numerous provisions of the principal Act. Additionally, the Bill transfers powers from the Petroleum Commissioner to the Deputy Director-General, another presidential appointee. These changes concentrate power in the hands of the President and her appointees, moving it away from professionals appointed through transparent public processes.
The Bill also creates an Upstream Petroleum Unit under the President's office and provides for the appointment of its functionaries by the President. This institutional arrangement further solidifies the President's control over the petroleum sector. Amupanda's critique suggests that these changes undermine the existing governance structure and accountability mechanisms, potentially compromising the sector's transparency and effectiveness.
Amupanda's challenge to the Petroleum Amendment Bill reflects broader concerns about governance, accountability, and the distribution of power in Namibia. By calling for a constitutional review, Amupanda aims to ensure that any changes to the country's petroleum legislation are aligned with its constitutional principles and do not compromise its democratic institutions. This debate highlights the need for careful consideration and scrutiny of legislative proposals to ensure they serve the public interest.
The controversy surrounding the Petroleum Amendment Bill underscores the importance of transparent and inclusive decision-making processes in Namibia's legislative agenda. As the country navigates its petroleum sector's development, it is crucial that its laws and institutions prioritize accountability, transparency, and the public interest. The outcome of this debate will have significant implications for Namibia's governance and its ability to manage its natural resources effectively.
Key points
- Professor Job Shipululo Amupanda challenges the Petroleum Amendment Bill, citing concerns over power shifts from the Minister and professionals to the President and political appointees.
