NATIONAL ASSEMBLY SESSION | 02 June 2026

Añadido: 2026-06-03

[00:00:00]Sometimes you say that I take over the responsibility of ministers but maybe outside of this chamber the minister can try to explain properly. If I had a public service act I was going to read in order to get a full context of what honorable amanda is saying but I would resist the temptation of doing what I want to do which is to explain because I will violate the rules. So now what I will do I I will just appeal that there should be that consultation and if if it is found that there isn't a a transgression please let us follow the other channels either a committee you know the the ED can be called or the minister can be invited or whatever so that we get to the bottom of this but >> no I I I'm concerned that if if we start to give literal meaning to words you know and and someone doesn't have a context it can create a different understanding that can create a confusion uh because I have served in a similar situation and I have dealt with similar issues not that ministry and I understand where you are coming from because I have dealt with those kind of queries and it took an explanation in order for people to understand one another so I just want to implore that maybe make an attempt to to to consult at at T break and and maybe we can even consult there a tea break with me with the minister so that we can understand so that if it's just a clarification that can be dealt with at that time so that we comply with the rules please let's quickly give the following members because we only have 3 minutes honorable it's a motion yes I think it's okay now we go to motions >> the time is up Yes. Yes. Please proceed.

[00:01:55]>> Okay. There is only 3 minutes for a question and an answer.

[00:01:58]Okay. Your honorable.

[00:02:03]I don't know what is happening to the maybe we are overusing them.

[00:02:14]Okay.

[00:02:19]>> Maybe one minute so that the minister can have two minutes.

[00:02:23]>> Oh, the the mic.

[00:02:49]All right. Um, honor, thank you, honorable speaker. I would like to engage or rather ask the honorable minister of works, transport or works and transport. you know it's only road fatalities >> by by um by end of last of last month between uh since January this year we we have actually uh reached 43% of road fatality uh cases in comparison to the whole of last year. Now the the question to the honorable minister is basically the type of of intervention mechanism that the minister is working on because each and every time a family member travels one uh becomes very anxious um and ask yourself a question whether they will ever reach their destination. Uh it may sound simple but when it hit it hits home um then you realize it that it's not. So honorable minister what are we doing about this problem? Thank you.

[00:04:02]>> Yes. Thank you honorable. I actually realized that the honorable member has asked a question before that was a second question and I I just like to implore the members to please we are 10 and something I will not remember everyone please let's note that you have one opportunity to ask one question honorable members and I'm sure the minister can give that answer over a cup of tea isn't it or you can come no you have asked already one question oh okay okay very good very good so we are understood now let's go please let's proceed to the notices of notices of motions. Honorable honorable members c can you please just have have assist your presiding officer the first day after the break honorable >> yeah let's give the colleagues the opportunity to give notice of their emotions >> thank you honorable speaker I here gave notice that on Tuesday 9 June 2026 I shall move that this August assembly debates the following. The first quarter 2026 housing price index report published by the first national bank FNB indicates that the overall national average house price increased to 1.44 million from 1.42 2 million during the fourth quarter of 2025. At the same time, the Bank of Namibia reports that around 70% of the population cannot afford housing due to income constraints with a shocking 75% of the workforce earning less than 5,000 per month. What is even more concerning is that the pace of servicing of land for residential purposes in the in our local authorities leave so much to be desired and this has resulted in a massive housing backlog of more than 300,000 units across the country. Only a mere 4,000 point only a mere 4,698 plots were serviced by the government during the 2025 2026 financial year far below the number needed to meet demand.

[00:06:26]I therefore move that this assembly in line with its inherent constitutional mandate conferred by article 63 age of the constitution debates recommending to the president to declare the urban housing crisis a national state of emergency in order to facilitate the mass servicing of the urban land and build a minimum 100,000 units that This motion be adopted by this assembly in terms of rule 1221E of the standing rules order and internal arrangements of the national assembly. I move in checking houses in his legislation.

[00:07:29]Thank you honorable.

[00:07:37]>> Thank you honorable speaker.

[00:07:39]Honorable speaker, I give notice that tomorrow, Wednesday the 3rd of June, 2026, I shall move that this assembly consider and agree to the Namibia's assession to full membership of the maritime organization for Eastern, Southern, and Northern Africa. Moa so please table the motion.

[00:08:10]Yes, honorable.

[00:08:16]>> Yes.

[00:08:17]>> Oh, I didn't know. Oh, speaker, I move that the motion of the honorable minister be referred to the relevant uh committee upon motivation tomorrow.

[00:08:30]>> Okay. No, that one that you can only move honorable member after the motivation.

[00:08:36]Yeah. Uh, the honorable Lucato, >> Honorable Speaker, members of Parliament, today, Tuesday 2nd June 2026, I hereby give notes that on Tuesday 9th June 2026, I shall move that this August House discuss and agrees to table the motion on to enhancing access to affordable housing through stateowned financial institutions. I sort move honorable speaker.

[00:09:20]>> Yeah.

[00:09:21]>> Yes. Thank you honorable member table the motion.

[00:09:33]Honorable Sam honorable honorable honorable we may not be greeting the senior members there you may greet them at tea break honorable Samukua >> honorable speaker I move without notice that leave of absence be granted to honorable Dr. Emma for the periods 3 to 4 June 2026 and 9 and 11 June 9 to 11 June 2026. I so move honorable speaker please.

[00:10:25]Honorable >> speaker that leave of absence be granted to the following honorable members for the period of 2nd to the 4th of June 2026.

[00:10:47]Honorable Dr. Charles Mita Derek Horble Shon Bushable Sebastian Kupbleia I so moveable speaker >> yes honorable member may table.

[00:11:22]Yes. Um the honorable members, now before we rise for a break, I just would like to remind the honorable members. I heard the one of the members saying to me and I would like to believe that it's a tongue and cheek kind of way because as I said myself we all have the rule book in front of us. the the the rules are saying I think that's rule 74 76 it says that leave of absence will be granted by the assembly to members on account of so so so so situation and with the agreement of the chief whip and that's the part that I underline with the agreement of the chief whip and that is why the chief whips generally table these motions or they delegate their party members to table but The agreement of the chief whip means the chief whips are monitoring the attendance of their party members. So I am taking it that as the honorable members are asking for leave of absence of their members. They are having in mind also the duties of the chief whips.

[00:12:30]Yeah I'm sure that you can find that one. One of which is to ensure the full attendance of the members and their participation the deliberations of the house and and ensuring there is a quorum and ensuring they are well behaved and so on. I just want to remind the honorable members so that if one day we don't have a quorum honorable chief whips please know that you are the ones that did not ensure the attendance of your members. Now having said that we rise for 20 minutes until 16 hours.

[00:35:13]Okay. Um, we were with notices of motions. Any further notice of motions?

[00:35:20]None. Ministerial statements.

[00:35:23]Honorable minister of finance.

[00:35:31]Thank you honorable speaker and members.

[00:35:35]Welcome back.

[00:35:37]I rise today to present a matter of significant national importance, namely the the the coming into operation of the financial institutions and market act number two of 2021 that is normally known as FEMA which came into effect on the 1 of May 2026.

[00:35:57]Why are you running? In 2021, Parliament enacted FEMA together with the Namibia Financial Institutions Supervision Authority Act of 2021.

[00:36:10]Following the enactment of FEMA, the government represented by the minista embarked on intensive implementation program whereby whereby extensive public consultations were undertaken to discuss more than 150 regulations and standards. The coming into operation of FEMA on 1st May 2026 therefore represents the culmination of nearly two decades of policy development, legislative uh reform, stakeholder engagement and institutional preparation.

[00:36:50]The implementation of FEMA will deliver meaningful benefits across all segments of the society. For consumers, the act provides stronger protection of their financial interests, particularly for policy holders, pension fund members, and investors. It ensures that financial institutions operate transparently and treat customers fairly while also improving access to financial services for the financial sector. FEMA provides greater regulatory and certainty which is essential for investment, innovation and long-term planning. It enhances confidence in the integrity of financial markets and supports the development of of a more dynamic and competitive financial sector for the government in the broader economy. FEMA contributes to financial stability, reduces systematic risks and supports sound economic planning by strengthening the resilience and efficiency of the financial system.

[00:37:51]The act also plays a role in promoting economic growth, job creation and poverty reduction. Honorable speaker, honorable members, I am aware that one of the matters that had attracted significant public interest during the FEMA reform process related to the proposed regulation that was to deal with the preservation of the retirement fund benefits. In this regard, I wish to assure honorable members and the public that the proposed preservation regulation has now been brought has not been brought into operation and has been placed on hold pending further refinement and broader stakeholder consultations. I further wish to reassume retirement fund members that the current retirement benefit commutation provisions remain unchanged.

[00:38:41]the existing provisions under the income tax of 1981 including the entitlement to commute up to onethird of benefits from pension funds, retirement annuity funds and preservation funds as a cash lumpsum as well as the the entitlement to receive to rece to receive up to 100% of benefits from provident funds as a lump sum. These ones continue to apply.

[00:39:05]Honorable speaker, honorable members, before I conclude, I wish to acknowledge the many individuals and institutions whose contributions over the past 18 years made this reform possible. This achievement reflects the collective efforts of former members of cabinet, former members of parliament, the national financial institution supervisory authority, industry stakeholders, professional bodies, development partners and the public at large who contributed their expertise, perspectives and commitment throughout the reform journey. So with this I want now to say FEMA is now in operation effective 1st May 2026. I thank you.

[00:39:50]>> Thank you honorable Aanda.

[00:39:56]>> Yeah. Thank you very much honorable speaker and honorable minister.

[00:40:01]The the the one of the things that FEMA teaches us is the question that we perhaps need to be able to check whether the laws must be passed with regulations so that the lawmaker also has regulation or when ministers are gazetting regulation they must come to the house because some of those the regulations and the act you pass an act and thinking that everything is okay then the minister or whoever it is the technocrats starts going south so that's the first question that we perhaps uh need to learn from that process second there was uh minister there was a committee that was put in place to advise on that particular regulation that is on hold and we were told that the report has been um completed and submitted to the minister.

[00:41:08]Is the minister perhaps in the position to share with us uh that report for study and uh and analysis? I know Minister Shimi is not here. He had removed me from that committee. So we want to see the outcome of the of of that uh of that report because it it consisted of many stakeholders and they must have done a good job if a minister is in position to do that. There are good things that FEMA does. Yeah. that patient industry for instance it's a $3 billion industry except for GIP of 180 million billion others we're also now trying to convince government so that we can have our own patient fund of S so SE and local authorities so that we can have another second GIF so we just want to see that if if it can be made available for us Thank you so much speaker and the minister for for updating us on FEMA uh very important regulation or legal instrument.

[00:42:20]Uh but I just want to when it comes to social security which is one of the investment portfolios that we have that collects our money and throw in there more more especially for us the men we we we don't have benefit as such.

[00:42:50]comparing to our counterpart female.

[00:43:00]>> Okay. So but mo most of the the citizen are demanding so that the social security have what they call let's say employment scheme where they are inviting community members unemployed to come with proposal to be funded fully not not even alone.

[00:43:24]However, those that are contributing on monthly basis are not getting anything until maybe is injured at work which is most likely not to happen especially when it comes to the administrative nature of work those that are mostly working in offices. So there's a notion on how can it be redefined even to complement home loans or medical setup so that it because mo most of the medical uh capacity cannot cover all the services so that also social security can come in help us with the home loan help us with medical services because they have a lot of investment that is underutilized or secondly will it not be possible to help rather than giving out money for for projects. We have the threshold of people from 18 up to 59 that are not that are unemployed but they getting nothing. If he or she is not disabled or offen or whatever then on monthly basis >> there's no income. Why can that social cushion cannot be derived from social security? So that at least even 500 or 600 per month for the unemployed but the moment you get employed you are automatically registered to social security and you are removed from benefit from the social grant. Thank you.

[00:45:17]>> Yes honorable okay you you just barely made it. Uh but I'm also not quite sure whether your question is directly related to the statement of the minister. Uh eh yeah because that's social security the minister was talking about FEMA yeah yeah so maybe honorable member it's an important issue that we are quering and I know that sometimes it may feel frustrating that the preciding officer doesn't allow the questions to be put but unfortunately the preciding officer is obliged to to comply with the rules.

[00:45:57]So maybe the honorable member can just put that in a question to the to the honorable minister of justice. Yeah.

[00:46:04]Okay. Then the honorable.

[00:46:10]>> Thank thank you speaker and uh let me use this opportunity to thank the minister of finance for finalizing the the FEMA act. And uh I should also thank her for making sure what the public had what concerned the public by then was was removed from from the regulation. Uh while thanking her, I equally want to remind the minister of finance that this house has passed a resolutions that all regulations before they are implemented before they go out, they must come to this house to be passed by this house. And that was that was brought specifically by the FEMA act. It was by the FEMA issue that has challenges and that has led parliament to take that decision and that decision when it was taken it was not taken only to FEMA alone. Parliament decided all regulations whenever there is a regulation to be passed they must first come to the house. Just wants to remind the house that we the seventh parliament members of parliament we have taken that decision and it was by this house unless we reverse our own decision I shall submit.

[00:47:45]>> Okay. So now that one of comrade honorable member is that the question >> just okay so now just honorable members to also just remind us that and this is the challenge that I face it's a important information you are sharing but the rules are saying when the minister makes a ministerial question statement the members may be given the opportunity to ask questions to seek clarity not just to to to make the comments but I I don't know minister would you like to say something because there was also is there something that you would like to say thank you very much um nonable speaker thank you very much honorable members who have contributed um the first question by honorable I think is now responded to by honorable um on whether the regulations and acts should be the draft bills or so should come first here together or something like that. Um I believe the response has now been provided by honorable that all regulations should first come to parliament before they are gazetted. Um the report Oh, you were also one of the members of the committee. Yeah, I saw I saw your name there. Don't worry, I see your name. Yeah. No, the the the report is well written. It can be shared. Thank you so much. I just admit. Thank you chiefly and consequential proceedings.

[00:49:25]Then orders of the day. The secretary will now read the first order of the day.

[00:49:34]Presumption of committee stage mental health bill.

[00:49:40]Uh when this assembly agenda on Thursday the 30th of April 2026, the question before the assembly was a motion by the honorable minister of health and social services that the bill be read a third time. Does the honorable minister of health and social services move that the assembly now goes into committee?

[00:50:08]Thank you very much honorable speaker.

[00:50:10]I would like to reest or I would like to request if it is possible that we postponed to tomorrow the 3rd of June 2026. Thank you very much honorable speaker.

[00:50:26]>> Thank you. It is so proposed that the the uh committee stage of the bill be deferred to tomorrow. Is it agreed?

[00:50:39]>> Yes. Honorable Kar any objection?

[00:50:44]>> Yes. Yes.

[00:50:47]>> I think uh uh speaker thank you very much and welcome back to all the members. Mine is simple. We just want to know just have to get the clarity to receive clarity on why the postponement because some of us came prepared as game prepared as the order paper you set out.

[00:51:08]Can we just get that clarity first before we before we go into the other other matters?

[00:51:14]>> Yes. Thank you, >> honorable Nashing.

[00:51:20]>> Mine really also just perhaps a week or two uh I think it's a week ago, two weeks ago.

[00:51:33]An unfortunate um incident happened in Oivarango where a person with mental issues was killed. And I remember very well that we had a similar we had a conversation on issues such as that that when we have this type of people in our society especially those that are residing in the streets in terms of this new law now how are we going to handle them and it was shut down unfortunately where we are now h perhaps if there's a room still as part of the finalization I think there's a for us to look into it to make sure that these people in our society are carefully handled and to make sure that we we have a a procedure in place to handle them then experiencing another incident where a fellow human being with such a condition is killed like an animal. Thank you.

[00:52:31]>> Yes. Thank you honorable honorable Nashing. That's an important point that you are raising. But the issue that is on the table now is as to whether we should go into committee stage or we should support the minister's request that the committee stage is deferred. So the discussion should only be on that aspect.

[00:52:50]So is the proposal of the minister agreed to?

[00:52:54]>> Yes.

[00:52:56]Yes.

[00:53:02]>> Yeah. No, no. Before Before I give the floor to the minister, I have to hear from the other members.

[00:53:09]>> Yeah.

[00:53:10]Yes.

[00:53:14]>> Yeah. No, no. The the No, no. the the rules are saying when the preciding officer has to make a ruling when an issue is put for decision. Yeah. Because in order for the the house to agree to defer the committee stage a ruling has to be made by the preciding officer.

[00:53:34]That's why the preciding officer ask is there any objection and then the preciding officer will make a ruling.

[00:53:39]But the rule say provided that the preciding officer can before he or she makes a ruling allow for other people to make comments. So that's what I'm trying to do now. So before I hear from the minister. So now I have heard from some of the honorable members and now the the honorable minister is is the floor.

[00:54:02]The reason for the postponement is that it came to my attention that the certified amendments were only made available to all members of parliament uh today and and so really it it is just as a point of courtesy to be able to offer honorable parliamentarians of course also an opportunity. Thank you.

[00:54:24]Very good.

[00:54:27]>> Okay. Very good. Agree to honorable members. Now the secretary will read the second order of the day.

[00:54:37]Resumption of debate on second reading public enterprises governance amendment bill.

[00:54:44]Uh when this assembly agenda on Wednesday the 22nd of April 2026, the question before the assembly was a motion by the right honorable prime minister that the bill be read a second time. Honorable Jonas was on the floor and she now has the opportunity to continue with her contribution. I think she's not here. Yeah. So, any any further discussions?

[00:55:15]Who? Oh, okay. Honorable Michelle.

[00:55:20]>> Thank you very much, honorable speaker, honorable members.

[00:55:24]I rise to make my contribution.

[00:55:28]First, let me thank the members that welcomed me back to the August House when I was sworn in here in April.

[00:55:40]My contribution would be touching on the appointment of board members.

[00:55:52]>> What?

[00:55:54]What? What honorable members? What what point are you making? Honorable, you can't just speak from a seated position.

[00:56:00]So you you need to have a floor if it's a point of order. If not, you allow the honorable member to finish his intervention and then you ask for the floor. So is it a point of order?

[00:56:12]>> Okay. Very good. Then >> yes. Yeah. Honorable speaker, it should be specified somewhere somehow with regard to qualification of peasants to serve in the board because more often these peasants are going to deal with experts.

[00:56:39]One, the positions that these people are holding in their various workplaces should let it be junior. Junior should should be senior.

[00:56:50]It doesn't help to appoint junior peasants in their respective workplaces to come and serve as board members because this is one of the reasons why you have problems in companies because people start comparing themselves their package with the package of the CEO and the executives in the companies that they are serving. Two, the question of education as I said is very important except for professionals like accountants, lawyers, medical doctors.

[00:57:20]It is ideal that board members should have master degrees.

[00:57:26]I am saying this because this used to be the discussion and general consensus in the cabinet under President Gang. The reason is you want people that have a good understanding of corporate issues because board members have fiduciary responsibilities towards shareholders.

[00:57:49]But in most cases because board members receive allowances from the companies of which they are board. They think their allegiance is to those companies whereas their allegiance is actually supposed to be to the shareholders. There should be people that understand very well. I also see that there's a recruitment committee here and it's very important to monitor this recruitment committee. Maybe we should have some tests because if you make people to save so long in recruitment committee, they become so comfortable and start doing some things that are not supposed to be done in a manner that is transparent and ethical when they recruit board members. I shall submit.

[00:58:34]Thank you honorable Kanye.

[00:58:42]>> Thank you honorable speaker.

[00:58:45]Honorable speaker, I rise to contribute on the public enterprise governance amendment bill that is before this house.

[00:58:54]Honorable speaker, the prime minister says this bill is about efficiency.

[00:59:00]But let us call it what it is. This this bill is about power grabing.

[00:59:06]We are taking power away from professional structures and handing it to politicians.

[00:59:12]It centralizes control of our state-owned enterprises into the hands of the prime minister and a handful of ministers.

[00:59:22]>> Thank you, sir.

[00:59:24]>> Continue.

[00:59:25]>> Continue.

[00:59:27]>> Do we want our public enterprises run by experts? Do we want do we want them run by politicians?

[00:59:34]>> I'm not opposing change for the sake of politics. I'm opposing the change this change because it weakens our accountability.

[00:59:43]>> It also creates confusion and risk turning our critical public enterprises into tools of political convenience rather than engines of national development. M >> now let me focus on on just three areas where this bills fails the Namibians.

[01:00:01]Honorable speaker, the bill deletes the the definition of minister responsible for public enterprises and give those powers to the prime minister and individual sector ministers. On paper that sounds reasonable, but in practice it creates a a fragmented system.

[01:00:22]Let me ask this house who is responsible when a public enterprise fails. Is it the prime minister or the finance minister >> or the sector minister?

[01:00:35]>> Under this bill, accountability is a three-headed monster. The previous structure, however, imperfect had a single point of oversight. This bill erases that and leaves the Namibian taxpayers wondering to to who to hold accountable.

[01:00:52]Let's look at what the prime minister now controls under section under the amended section 4. The prime minister now controls appointments, removals, salaries and even strategic business plans. Meanwhile, the sector minister becomes the shareholder representative.

[01:01:10]Honorable speaker, boards of public enterprises are meant to provide armlength oversight. But under this bill, the board becomes a rubber stamp when the executive decides who saves, how long they save, how much they earn and approves the investment plan beforehand.

[01:01:29]Then what is left? Then what is left for this board to do except signing papers?

[01:01:35]>> This bills invites micromanagement from state house and cabinet offices.

[01:01:41]>> That is not good governance. That is political control.

[01:01:46]Section 21 and the se and the new section 23 give the relevant minister with the concurrence of the finance minister and sometimes the prime minister the power to approve dividend policy and any proposed investment.

[01:02:02]>> Let me ask this house again. What happened to the commercial judgment of a CEO? What happens to the board's obligations?

[01:02:11]>> Business does not wait for cabinet committees. Opportunities move fast. If every investment decide decision requires three political signatures, >> no polit no public enterprise will move at the speed of the market. Investors want certainty. Not a committee of politicians second guessing every business decision.

[01:02:32]>> We lose partners. We we will lose opportunities. This bill ties the hands of our best managers in the name of oversight. and in so doing it struggles our own economic growth.

[01:02:46]>> In in conclusion, honorable speaker, we know very well that some public enterprises don't perform at all.

[01:02:55]>> We know reform is needed, but the answer is not to strip boards of their power and concentrate everything in the office of the prime minister. M >> the answer is capacity building, professional recruitment and real consequences for pure poor performances, >> not more political appointments and more approval layers.

[01:03:14]>> Yes, >> this bill was introduced by the prime minister and it it hands anonymous new powers to the prime minister. That is not a coincidence. That is exactly the point.

[01:03:26]>> For these reasons, I cannot support this bill in its current form. M >> we call on the cabinet to withdraw this bill and bring forward real governance reform that strengthen not weaken the independence and effectiveness of our public enterprises. I thank you.

[01:04:00]is >> in full support of the public in the price governance amendment bill 2025.

[01:04:06]This bill presents a necessary and progressive reform aimed at strengthening governance, accountability and performance within our public enterprises.

[01:04:18]institutions that are critical to Namibia's economic development and service delivery. Firstly, the bill introduce a clear surf in responsibility and coordination placing strategic oversightes under the prime minister while line ministries to direct directly manage price within their respective sectors.

[01:04:46]This ensure better alignment between national priorities and sector performance reducing fragmentation and improving.

[01:04:58]Secondly, the bill significantly strengthening accountability by formula uh four for performance agreement monitoring responsibilities and approval pro processes for budget in investments and and um dividend policies. It ensures that public enterprise operate within greater discipline, transparency and financial prudence. Thirdly, this introduc the the introduction of these structures recruitment process for BS including defined criteria and oversightes promotes mer appointments.

[01:05:41]This is crucial and ensuring that boards are composed of individuals with the right expertise in the and commitment of Christ is ended steward.

[01:05:55]Furthermore, >> furthermore, the pro >> Furthermore, the provision of >> Furthermore, the provisions on dividend policies and financial oversightes, including the involvement of Minister of Finance, will ensure that public enterprise contribute meaningfully to the national fiscals while remaining sustainable. able and growth orientated.

[01:06:27]Importantly, the bill also enhanced cabinet oversight and collective decision making, ensuring that mayor transactions, investments and structural changes made in the best interest of the state and the Namibian people. Honorable speaker, honorable members, for too long challenges in governance and underperformance have hindered the full potential of our public enterprises. The bill provides comprehensive framework to the correct to correct those shortcomings while also promoting professionalism, accountability and strategic direction. It is therefore not just a legal amendment. It is a step towards restoring public confidence, improving service delivery and strengthening our economy. I therefore fully support the bill and urge the honorable members to do the same. I thank you.

[01:07:37]Thank you honorable speaker.

[01:07:40]Honorable members, it's a good afternoon to all of us.

[01:07:47]I rise to express my strong support for the public enterprises governance amendment bill 2025.

[01:07:56]A progressive and necessary reform that strengthen accountability, enhances coordination and reinforces the strategic oversight of the public enterprises in our country.

[01:08:13]This bill is particularly commendable for clarifying the role of the prime minister and the relevant ministers while empowering the sector ministries to take more direct leadership role over public enterprises operating within their mandate.

[01:08:41]This alignment is critical for ensuring that the public enterprises are not only commercial viable but also developmental oriented and responsive to national priorities.

[01:08:56]Honorable speaker, I would like also to give a perspective of the minister of agriculture fishery water and land reform.

[01:09:07]This bill presents an opportunity to drive targeted programs through our public enterprises ensuring that they contribute meaningfully to the food security, rural development and comm uh economic transformation.

[01:09:25]Allow me then also to highlight specific program that this governance framework will strengthen.

[01:09:33]The first one is agrop processing and value addition program. The public enterprises under our sector must be positioned to support agroprocessing initiative that add value to agriculture produce through improved governance and approval of the strategic business plans. We can also ensure investment uh directly towards agroindustrial development. They by increasing farmer incomes and reducing imports. The second one is green scheme revitalization program. The bill empowers the relevant minister to improve integrated strategic and financial plans. This will enable us to strengthen oversight of the green scale ensuring efficiency productivity and sustainability in irrigation project across the country. The third one is fishery value chain development program with clear authority to uh to improve investment plans and dividend policies.

[01:10:45]We can ensure that fishery related public enterprises reinvest in the infrastructure code storage and local processing thereby creating jobs and maximizing the value of the marine resources. The fourth one is water infrastructure and service delivery program.

[01:11:09]The public enterprises in the water sector will benefit from the improved governance and perform monitoring. This will enhance the capacity to deliver reliable water resources and services particular in rural and underdeserved communities.

[01:11:36]Okay. Honorable.

[01:11:37]>> Yes. Honorable member.

[01:11:46]Thank you very much. Right honorable speaker. I rise to seek some clarity of course through you but uh from the member in the beginning of your contribution honorable member. You mentioned that this particular bill clarifies the functions of the office of the prime minister >> and the role of of of the prime minister. But I want to find out whether you are familiar with article 32 particularly sub article 3 where the prime minister is appointed by the president but it also further speaks to the assignments that can be given to the prime minister by the president. In fact the the the particular provision says the president may assign um other roles and duties to the prime minister. So I really want to to for for you to to to clarify whether you're familiar with that particular provision and also how do you reconcile that particular article with what you're just saying now in terms of agriculture fisheries and all these projects under enterprises. Thank you very much honorable speaker.

[01:12:56]>> Honorable speaker thank you comrades for your comments.

[01:13:01]Honorable member, >> thank you very much.

[01:13:06]>> I'm well aware of that, but there are some limitations still.

[01:13:13]>> Well, towards my conclusion, honorable sister, please bear with me. I think you are following >> the youth and the women empowerment program. The strengthened governance framework allow us to embed perform agreements and strategic targets that prioritized youth and women participation in agriculture fishery and land reform initiatives. Honorable members, the provision inquiring approval of the investment decision, dividend policies and strategic plans ensures that the public enterprises operates in the best interest of the state while maintaining financial discipline and developmental impact.

[01:14:01]Equally important, uh, pardon me a bit.

[01:14:08]You know the phones, you know the issue of the phones.

[01:14:13]Okay. Uh while maintaining financial discipline and developmental impact, equally important is the emphasis on the performing monitoring and accountability which will enhance transparency and public trust. Furthermore, the introduction of the structured processes of the board appointments and governance agreements will improve professionalism and reduce efficiencies within the public enterprises.

[01:14:45]Honorable speaker, this bill is not merely administrative in the nature. It is a a transformative instrument. Honor honorable members, can you allow the member to make her intervention uninterrupted?

[01:15:12]It is not allowed.

[01:15:15]>> It is not allowed to it is not allowed to turn to members when they are making their contributions because this is what it amounts to.

[01:15:28]Hello.

[01:15:30]>> No. Honorable member, please proceed.

[01:15:32]Okay. Thank you very much.

[01:15:35]>> I therefore strongly support this bill and id honorable member >> to also adopt and support this bill.

[01:15:44]>> I thank you.

[01:15:48]>> Thank you honorable.

[01:16:00]Thank you. Thank you honorable speaker for this opportunity.

[01:16:06]>> Honorable speaker, the direction in which power is moving in this country is no longer difficult to see.

[01:16:14]>> And let us not underestimate our people who are the Namibians whether in towns or in the most remote villages. They understand exactly what's happening.

[01:16:27]>> There was a time when governors were elected by the people. People felt represented.

[01:16:34]They could point and say that is our leader. Today that has changed.

[01:16:42]Governors now feel less chosen by the people and more delivered to them without a receipt. I might add.

[01:16:52]I am not preempting what is coming but the signs are already there. Piece by piece power is being moved away from elected representatives.

[01:17:04]>> Today we are asked to place an important sector under the office of the prime minister.

[01:17:10]>> An office that ultimately answers to who? To the president.

[01:17:15]>> While at the same time there are efforts to place oil and gas under the presidency itself. Honorable speaker, when all key decisions begin to gather in one place, >> we must ask ourselves a simple question.

[01:17:29]Are we improving coordination or are we concentrating power >> too much?

[01:17:36]>> I am not making accusations. I'm raising a concern that many Namibians are already have >> dictators. Are we strengthening our democracy or are we slowly moving towards a system where power rests in fewer hands?

[01:17:52]>> Because because if we are not careful, the people may soon feel that decisions are no longer made with them in mind but for them and that is a very difficult thing.

[01:18:08]Honorable speaker, at the heart of the issue of placing se SE in office of the prime minister lies a fundamental question.

[01:18:21]Does centralizing oversight in office or in the office of the prime minister enhance governance or does it weaken institutional efficiency uh accountability and economic performance?

[01:18:37]While the intention behind such a move may be to improve coordination and ensure policy alignment, the practical implications raises serious concern.

[01:18:49]However, honorable speaker, placing enterprises under the office of the prime minister risks creating ex excessive centralization of authority.

[01:19:00]The office of the prime minister is already tasked with broad national coordination responsibility.

[01:19:07]>> She's struggling.

[01:19:08]>> Adding direct oversight of enterprises both public and private places an enormous burden on the single on a single office.

[01:19:22]>> This >> no the rules don't prevent the mover to make a point of order.

[01:19:28]No, >> no, >> no.

[01:19:36]>> Just going to So long as honorable members or honorable member, please take your seat.

[01:19:43]Let's hear what point the the prime minister is making.

[01:19:48]>> No, the point of order doesn't say non moving members don't have the right to make a point of order. Just a point of order. Let's just hear whether it's a point of order or not.

[01:19:57]>> Thank you. Thank you very much uh honorable speaker. I'm actually building on this point of order on the wisdom of an elder member honorable was also making that. So anyway my own brother there is saying the ses are placed in the office of the prime minister.

[01:20:24]>> How accurate is that? Can you cite it?

[01:20:26]Where is it?

[01:20:29]No, no, >> no. I'm just saying >> you can't make a point of order when making >> Let him cite it. Where?

[01:20:37]>> Yeah.

[01:20:38]>> Which which section is there?

[01:20:39]>> No one now on the floor.

[01:20:41]>> Which which se which section is?

[01:20:42]>> No, no, honorable member. Wait. Let me advise you honorable member before you start. Or honorable Ricardo, just hear me out. A member cannot make a point of order when another member is making a point of order. But you can wait for the PM to finish making his order. No, no, wait. And you wait for somebody else to be on the floor because you can't make a point of order when there's no one on the floor.

[01:21:05]>> No.

[01:21:14]What? Okay.

[01:21:18]The mic.

[01:21:28]Yes, >> maybe the mic is objecting on strike.

[01:21:36]>> Dictatorship already.

[01:21:42]>> I just want to appeal to you honorable speaker to be consistent.

[01:21:48]Yeah. Because previously you were not allowing the interjection from the mover. So please let the the the honorable member finish speaking. There will be time for the mover >> to respond to honorable member.

[01:22:06]>> Honorable member can I also request you to be consistent with the rules. The rules are saying you may not debate the ruling of the preide.

[01:22:20]>> Thank you sir.

[01:22:22]Thank you honorable speaker. Let me continue.

[01:22:26]>> Honorable speaker is having power already.

[01:22:30]>> Placing enterprises under the office of the prime minister risks creating excessive centralization of authority.

[01:22:37]>> The office of the prime minister is already tasked with broad national coordination responsibilities. Mhm.

[01:22:44]>> Adding direct oversight of enterprises both public and private and private places an enormous burden on a single office.

[01:22:53]>> This inevitably leads to decision making bottlenecks.

[01:22:58]Slower response time on operational matters reduces flexibility of enterprises to function effectively.

[01:23:07]Enterprises by their nature require agility agility, agility, commercial independence and timely decision making.

[01:23:17]Centralizing them with a political office undermines these principles.

[01:23:23]>> Honorable speaker, the placement of enterprises under OPM introduces a significant risk of political interference in commercial operations.

[01:23:34]Decisions that should be guisions that should be guarded by market realities, >> financial sustainability, >> technical expertise may instead be influenced by political considerations, short-term interest and patronage dynamics.

[01:23:55]These shifts erodess the professional independence of management and may result in poor investment decisions.

[01:24:03]Misallocation of resources, declining performance of enterprises.

[01:24:09]Honorable speaker, effective governance thrives on clear lines of accountability.

[01:24:16]The enterprises are placed under line ministries.

[01:24:20]I mean when enterprises are placed under line ministries there is defined oversight, parliamentary scrutiny, >> sector specific accountability.

[01:24:34]>> However, under the office of the prime minister, >> oversight become diffused and less transparent.

[01:24:41]>> It becomes more difficult for parliament to point to pinpoint responsibility. M >> there is a risk of reduced reporting discipline >> in certain arrangement failures may be obscured within the the broader function of the office of the prime minister weakening democratic oversight >> honorable speaker the office of the prime minister is not designed to function as an operational manager of enterprises >> its mandate is coordination policy guidance and strategic oversight Right.

[01:25:17]Not daytoday enterprise management.

[01:25:19]>> Now check of all trades.

[01:25:20]>> By expanding its role, the office of the prime minister risks becoming overstretched.

[01:25:27]>> Core national coordination functions may suffer.

[01:25:30]>> Efficiency across government may decline. We must guard against turning the office of the prime minister into a super ministry which ultimately performs none of its function effectively. like the current one.

[01:25:45]>> Honorable speaker, including shared ownership companies such as Nambdev within this arrangement raises additional concerns. The private sector operates on predictability, regulatory certainity, freedom from undue political influence.

[01:26:06]Placing these entities under a central political office may create perceptions of state over overreached >> discouraged investment undermine confidence in the business environment.

[01:26:21]>> A thriving private sector requires clear consistent and depolitized regul regulatory frameworks not centralized political control. Honorable speaker, global experience demonstrates that successful management of state-owned enterprise often involves independent oversight bodies, strong corporate governance frameworks, clear separate between politics and enterprise management.

[01:26:52]Countries that have blurred this line have often faced corruption, inefficiency, physical burden on on on the on the state.

[01:27:02]We must learn from this experience rather than repeat them. Honorable speaker, instead of centralizing enterprises under the OPF, we should focus on strengthening existing governance frameworks, >> enhancing transparency and reporting mechanism, ensuring professionalism, merit-based appointments, reinforcing the role of parliamentary oversight.

[01:27:29]>> Where coordination is needed, it can be achieved through policy alignment mechanism. not structural oversight centralization.

[01:27:39]>> Honorable speaker, as I conclude, >> while the intention to improve governance may be well-meaning, the placement of these enterprises under the office of the prime minister presents more risks than benefits.

[01:27:53]>> It threatens efficiency, accountability, investor co confidence, >> and institutional balance. We must resist the temptation to concentrate power at the center and in instead build strong independent and accountable institutions. I therefore submit that this approach be reconsidered in favor of a governance model that promote transparency, efficiency and sustainable economic growth. I just submit.

[01:28:28]>> Honorable Brinkman, >> honorable speaker uh I want to postpone the debate to next Tuesday for my contribution.

[01:28:48]>> Okay, there is someone else that is asking for the floor. Maybe let's face here.

[01:28:53]>> Okay.

[01:28:57]>> Okay. So, is there any objection to the defment up to when?

[01:29:01]>> Next week Tuesday.

[01:29:02]>> Next week Tuesday.

[01:29:03]>> Any objection?

[01:29:06]>> To next week Tuesday.

[01:29:09]>> Thank you.

[01:29:11]>> Yes. Okay. Then honorable, you have the floor >> tomorrow.

[01:29:15]>> Okay. So, you propose to the debate tomorrow.

[01:29:21]Okay, he's saying he never spoke.

[01:29:25]>> These members, they always dream about they dream about me. Okay, >> they must stop dreaming. You are men, man. HOW CAN YOU DREAM ABOUT ANOTHER MAN? These are many.

[01:29:38]He never spoke. Front desk front desk has confirmed he never spoke. So the debate is is agenda until tomorrow.

[01:29:48]The the secretary the secretary could read the third order of the day.

[01:29:57]>> Resumption of debate on second reading land bill.

[01:30:04]Uh when this assembly agenda on Thursday 6th of November 2025, the question before the assembly was a motion by honorable minister of agriculture, fisheries, water and land reform that the bill be read a second time.

[01:30:21]Honorable Hangula agenda debate and he now has the floor.

[01:30:41]Uh thank you honorable speaker.

[01:30:44]Honorable members welcome back. You see, in its introduction, this land bill opens a truth that we all know, but uh too few of us act on. Namibia's land question is not an administrative inconvenience, but a historic injustice that subsequent regimes have been sitting on since we attained independence. A law can speak the language of justice, but still deliver the mechanics of Mickey Mouse games. We therefore judge this bill by one standard. Will it deliver land and dignity to the historically and systematically disadvantaged Namibia Namibians in our lifetime? The young people who voted for AR support any law that genianly advances redistribution, land tenure security, economic productivity and fairness. But we will not vote for a bill that concentrates power in the executive, reserves loopholes for foreign land control and leaves the urban land crisis outside the re reform framework. Honorable speaker, honorable members, in its current form, the bill has three key structural weaknesses and these are that it excludes the places where the land crisis has become a humanitarian crisis which is urban land, unservice land, informal settlements and the delivery of housing. Number two, it places excessive discretion in the minister then calls it administration. And number three, it claims to ban local uh foreign land ownership but reopens the door through renewable occupation rights and weak control mechanisms.

[01:32:25]Urban land is excluded and that is where the crisis really lives. The land bill neglects land in local authorities and settlement areas. That means the land the law excludes the spaces where Namibians experience the land question such as homelessness, overcrowding, shack fires and backyard renting in places like Binduku, Valves Bay or Shakati, Rundu or Shwarango and it's expanding informal settlements. A purported reform law that does not directly reform urban land governance will not touch the majority's daily struggle. I therefore propose the following amendments to address the urban land question. The Namibian people and land activists through a petition delivered to the National Assembly on 23 March 2020 2019 proposed a ban on foreign land ownership of urban land including residential and service or unservice plots and restricts new acquisition with constitutionally compliant procedures and clear transparent rules. I propose introducing an anti-speculating framework that imposes a levy or tax on vacant or idle unservice land and progressive property holding limits requiring strict account accounting and records of all urban land owned for capitalist processes.

[01:33:53]Additionally, we create an absentee landlord category in urban areas linked to higher levies and acquisition of for public housing for land held idle or used for exploitative rental purposes.

[01:34:08]Finally, we should ring fence service land allocations for firsttime home owners and low-income applicants with transparent criteria and allocation list that are periodically published.

[01:34:22]Honorable speaker, honorable members, land is for living and not for flipping like pieces of kapana at single quarters. A piece of land is not the share certificate for capitalists but a human right for the masses.

[01:34:38]Fellow Namibians, the bill speaks of transparent administration and accountability. But then in it empowers the minister to exclude any land reform any land from the application of the act by notice in Gazette. Honorable speaker, this is an exploitative backdoor. It makes land reform optional and invites selective exclusion.

[01:35:04]In the interest of accountability and transparency, we must get rid of clo clause the clause allowing the minister to exclude land from the from the act by gazette notice and replace it with a requirement that any exclusion must be approved by parliament through a resolution after public notice openly published reasons and an objection process. In communal land governance, ministerial appointment power also raises the risk of politicization.

[01:35:35]Land committees and boards must not become instruments of party aligned control or patronage in local land disputes. The executive may coordinate policy, but it should not appoint referees in the boxing matches. The minister cannot be the player, referee, and the scoreboard in the same match. To make the Lent Act work for all of us, I propose that we designate land committees as community representatives which are selected through transparent community processes with clear eligibility and disqualification rules.

[01:36:08]We must require public registers of decisions and reasons with enforcable timelines for decisions and appeals. We must also introduce mandatory conflict of interest declarations and disqualify anyone who has a direct interest in land allocations under consideration.

[01:36:25]Honorable members, traditional authorities, the custody and weak checks create a gatekeeping economy. The bill provides that communal land is vested in the state, held in trust and then goes on to introduce the language of custody by traditional authorities. Customary legitimacy is relevant. Yes. But custodianship language can easily result in veto power, rent seeking, political punishment and political punishment when poor people have no affordable access to courts. The recent tragic case in the Oshkoto region is a case in point.

[01:37:03]The bill does well to prohibit consideration for the allocation of customary land rights. That is a direct blow against bribery and extortion. But we must match the that prohibition with concrete enforcement and transparent records. Otherwise, corruption will simply take on a different form.

[01:37:25]Honorable members, I propose amendments to prevent abuse by traditional leaders while respecting customary rights.

[01:37:32]That's very important. We must replace vague custodianship language with defined functions such as verification of customs standard uh mediation mediation frameworks and community consultation rather than just gatekeeping control by traditional leaders. The traditional land triunals must be required to keep a register of written reasons for allocations and refusions and refusals and to record every decision in a public register openly accessible to community members.

[01:38:07]We must create offenses and sanctions for corruption, gatekeeping, extortion and discriminatory allocation including disqualification from land administ uh ministration roles. Honorable speaker, we must ban foreign ownership of of of land ownership in the communal areas.

[01:38:31]Ladies and gentlemen, we must fully support the policy that foreigners must not own Namibian land. However, the bill prohibits foreign acquisition of communial commercial agricultural land and then creates a pathway for renewable occupation rights approved by the executive. A renewable occupation right if it can be extended indefinitely essentially becomes ownership in an economic sense.

[01:38:58]I therefore insist that we set the maximum duration for any foreign occupation right in the act itself rather than leave it to the future regulations and that we strictly kept any renewals. It must also be required that parliamentary reporting and affirmative appro approval be obtained for any foreign occupation beyond a defined threshold such as 25 or 99 years. It must be a requirement that we publish all foreign land occupation approvals and key conditions such as beneficial ownership, the duration of the allocation, local participation, partnerships, training and studies to be provided and community benefit.

[01:39:43]Honorable members, we must expand the foreign control mechanisms to include beneficial ownership and effective control such as proxies acting in concert, voting arrangements in juristic p persons or any other side agreements.

[01:40:00]We must not be limited to formal shareholding. The logic here is that if foreigners cannot own land, they cannot control land indefinitely through paperwork. Fellow Namibians, we must be very careful and productive in our efforts to stop middleman capture without killing community investment. We must address the real communal land loophole. Namibians may hold rights on paper while foreigners capture value through subleas or unequal partnership agreements. We must regulate subleasasing and effective control transfers. We can achieve this by prohibiting sub subleasasing or seeding control to foreign nationals unless structured as a majority Namibian control partnership with a published community benefit plan. We must also require communal land boards to review and register all such arrangements with tribunal review available for affected community members. And we must ban nominee structures and impose value based penalties, cancellation of rights and director liability where juristic persons are used to front for foreign control. We must reject this middleman media where the poor people hold the paper but foreigners hold the profits and the land. Honorable speaker, we must stop the hoarding of land by absentee landlords and underutilized land and enforce productive and social use of our precious means of capital. Land reform must confront hoarding idle land and absentee land loism translate into hunger, unemployment and a lack of housing which in turn leads to a loss of dignity for our people. We must define ethn land landlordism clearly and make it a trigger for classification as underutilized and for targeted expropriation without compensation where applicable and justifiable when land is hoarded. This is a stolen opportunity for our people. I therefore propose amendments on absentee landlordism and anti-hoing mechanisms.

[01:42:11]We must clearly define absentee landlordism for both commercial agricultural land and unserviced urban land and treat it as a relevant factor in acquiring and in acquisition and land tax policy. We must use land tax as an behavioral tool to implement progressive rates on multiple holdings, idle land and speculative holding tendencies.

[01:42:38]We must further link tax relief and exemptions to compliance with productive use, favorable uh labor standards and development effective time frames.

[01:42:48]Honorable speaker, honorable members, if you want rent reform, if we want reform that survives constitutional scrutiny and delivers quickly, we must strengthen the land bill with legal discipline. We must explicitly anchor limitations and appropriations provided for under article 16 which deals with property, 22 which deals with limitations and 23 which deals with affirmative action to avoid ambiguity. We must also insert mandatory timelines for decisions by boards committees and the minister.

[01:43:24]Delays are where people experiencing poverty stand to lose the most.

[01:43:29]I further propose that we create open land data that includes published registers of allocations, cancellations, exemptions, foreign occupation approvals and board decisions. These will strengthen anti-corruption clauses, result in value based penalties and where appropriate forefeure and disqualify repeat offenders from holding land rights. In conclusion, honorable speaker, honorable members and fellow Namibians, the objective of this bill are correct, but the design of the power is wrong. A bill that excludes urban land excludes people experiencing homelessness. A bill that lets the minister exempt land by gazette makes land reform optional. A bill that bends foreign ownership but allows foreign occupation of renewable assets creates a foreign control by another name. A bill that grants custodianship without strong checks invites gatekeeping, cronyism and corruption. We stand ready to support a bill that truly delivers land, housing, and dignity to the dejected masses of Namibian people. But only if this house chooses justice over convenience and rights over discretion and transparency and transparent land delivery over elite capture. I so submit Honorable member, >> honorable speaker, honorable members, I as the shadow minister for agriculture, fisheries, water and land reform am delighted to contribute to this very important bill under discussion in this honorable house. To the Namibian people, land is a potential symbol of national pride and sovereignty, embodying the triumphs of the Namibian people's journey towards self-determination.

[01:45:33]In this sense, its ownership carries political significance tied to questions of equity, restitution, and the right to define one's future. The bill could not have come at any better time as the Namibian people are seeking for a comprehensive legislative proposal that seeks to address the historic land imbalances and to promote equitable access to land. In doing so, it is indeed within our mandate as parliamentarians to ensure that we deliver a piece of legislation that fully addresses the plight of the Namibian people, particularly those who are legless after 35 years of gaining our independence.

[01:46:14]I am happy to note that the bill's provisions are intended to be implemented within the frameworks of the Namibian constitution, particularly article 161, which guarantees the right to acquire, own, and dispose of all property. Two, where the state or a competent body or organ authorized by the law may expropriate in the public interest to the payment of just compensation. and article 100 which vest all the land in the state unless otherwise lawfully owned. Honorable speaker, honorable members, the bill introduces a number of positive changes to existing laws in communal areas.

[01:46:55]Procedures to appeal against decisions by traditional authorities and land boards have been clarified. However, whether a grief parties can access the proposed process remains to be seen. A significant departure from existing legislation is that the land bill provides more detail on the content of customary land rights and the modalities of where customary land rights apply.

[01:47:21]Recognizing local customary allocation and management practices appear to be a big step forward from the previous oneizefits-all legislation. While the bill improves the accountability of traditional authorities in general, it does not go as far as to enforce accountability by the traditional authorities towards their subjects. This particularly import this is particularly important where large tracks of land are allocated for big agricultural projects.

[01:47:48]Legal mechanisms need to be put in place to include local populations in the decision making process and to ensure that they will benefit as well.

[01:47:59]Section six in the bill which speaks to the traditional authorities failing or failing to nominate a person for the appointment to the land boards following the request of the minister reverts back to the minister to appoint a member of the board.

[01:48:15]Such a provision honorable members grants the minister too much powers and can open a Pandora box for the minister to appoint his or her friends or grant political favor to his or her party members. I'm therefore of the strong opinion that the members of the community concerned should be allowed to vote for their own representative to the board in an event that the traditional authority fails to appoint a suitable member. I indeed welcome the establishment of the communal land board or the communal land fund which seeks to promote development and productivity in communal areas. It is therefore of paramount importance that this house appropriates sufficient budget towards this fund.

[01:49:01]Appeal appeals tribunals as provided for in the bill has widened the jurisdiction of the lens tribunal to adjudicate upon all land related disputes and matters.

[01:49:14]Therefore, there is no need for the minister to appoint an appeals tribunal mentioned in section 57.

[01:49:20]While this is a good decision in principle, access to land tribunal may provide or may prove to be a major issue for many small scale farmers in the non freehold and freehold areas particularly in view of the fact that the appeals have to be made within a prescribed period of time. The bill makes provision for the exercise of the land acquisition in the development fund which amongst others caters for the acquisition of commercial agricultural land. To date, the government has spent millions under this fund for the purpose of acquiring resettlement farms. However, the fund does not make any provisions for monitoring and evaluation of resettle resettled farmers or land audits.

[01:50:07]The absence of historic data excavates the bill's inherent policy risk of potential promise of equity built on new policies that merely redistributes idleness or favor specific groups. It is therefore imperative that the de development fund makes provision for land audits to determine if resettlement farms are being productively used and if found not to be fully utilized should be further or the farmers should further be capacitated with equipments and financial resources in order to make them productive.

[01:50:47]The bill makes provision for the expropriation of land with just compensation. This is well in line with article 16 subsection 2 of the Namibian constitution. I'm therefore in full support as I believe that expropriation of land with just compensation will help us fast track the slow pace at which resettlement program has taken place.

[01:51:10]The bill further directs that any land acquired under this act can be subdivided into smaller holdings for a lotment to persons for the purpose of small scale farming. However, such subdivisions over the past years have accommodated very few number of small scale farmers.

[01:51:33]Michael Lipton, an English development study and economist specializing in land reform related uh studies on rural poverty in developing countries uh including issues of land reform looked at land size and productivity where he argues that efficient and equitable uh small holding farms of less than five hectares with adequate support are the most efficient and equitable for subsahara Africa.

[01:52:06]>> He also points out that the replication of foreign models must be context specific. Collective state farms generally fail. Distribution should favor local active farmers, not create ethnic divisions. Access to essential inputs such as water, credit, markets, plus anti-corruption measures should be put in place in order for smallcale farmers to thrive. It is therefore of utmost importance that considerations be made to subdivide commercial farms into smaller units of between 5 to 20 hectares for the purpose of resettling mostly women and youth on intensive farming units using latest technologies.

[01:52:50]Honorable speaker, honorable members, I have noticed that the bill reflects a colonial legacy control style where you have communal land on one side that belongs to the state while on the other commercial land >> controlled in a modern capitalist exploitation fashion. One wonders why we have two different systems in the same democratic country.

[01:53:16]The persistent of unequal land ownership shaped by both feudal dispossession and capitalist commodification continues to be one of the most pressing social economic issues in this country. We therefore eventually need to align and harmonize our land policy into one system that benefits all Namibian people equally.

[01:53:40]I therefore wish to highlight a complete prohibition by foreign national. Foreign nationals may reduce uh direct investment in crucial sectors such as tourism, commercial farming and property development as investors will hardly invest their resources in land if their rights to it is not secured. I therefore implore that this house looks at the land bill to address the concerns raised by the investors. In conclusion, the land bill is a symbol of solution to addressing the long-standing issue of land ownership, distribution, and reform rooted in the country's colonial past.

[01:54:19]Land ownership is not only seen as a means of livelihood, particularly for those involved in agriculture, >> but also a source of dignity, identity, and empowerment. Honorable members, this bill must serve as a beacon of hope for the Namibian people.

[01:54:38]>> I so honorable.

[01:54:53]>> Thank you very much honorable speaker and welcome back all honorable members of this house. Honorable speaker, honorable members, fellow Namibians, I rise to contribute to this very crucial land bill before this house today.

[01:55:16]At the onset, I wish to express my appreciation to the honorable minister, still the minister and indeed a mother of compassion for tableling this long awaited land bill. Honorable Minister, it is your time. Please proceed but allow constructive input from this house.

[01:55:41]Honorable speaker, Africa in general and Namibia in particular is unique because of its abundant natural resources.

[01:55:56]This uniqueness makes our country attractive to foreign nationals who desire to either reside in Namibia or gain access to our resources in one way or another.

[01:56:16]The primary natural resource I refer to is land, including everything found on its surface, beneath it, and under our waters.

[01:56:30]Land is not merely property.

[01:56:34]Land is dignity and identity.

[01:56:40]It is the foundation of nation and national stability.

[01:56:46]Length is life and it must never be compromised.

[01:56:53]For black Africans and Namibians in particular, land represents tradition, clans and totems, customs, culture, religion, taboos and belief systems that have existed long before colonialism.

[01:57:20]This diversity existed before slavery and was violently disrupted during colonialism. Honorable speaker, while Namibian is part of multicultural global community and bound by international agreements through diplomacy, these agreements must never override our African identity.

[01:57:53]who we were, >> who we are, >> and who we must remain for future generations.

[01:58:06]On this land we find indigenous medical heres sites that preserve our cultural and spiritual heritage gracing areas underground water sources and natural fruits that still require value addition to promote authentic African economic model. Our minerals too are found on this very land. Therefore, honorable speaker, investing excessive power in the executive, particularly the minister and committees risk promoting neoc colonialism and unchecked capitalism.

[01:59:01]This will deepen the triple challenge of multi-dimensional poverty, inequality and unemployment.

[01:59:11]Such an approach risk undermining article one of the Namibian constitution which guarantees Namibia sovereignity and may amount to constitutional violation.

[01:59:27]The 2018 National Land Conference resolution 11 out of 40 clearly resolved and I quote the status quo of communal land allocation and administration by traditional authorities and land boards must be upheld and government should continue rendering support to enhance effective land rights.

[01:59:56]in commonal areas. End of quote.

[02:00:00]Honorable speaker, section 25 and section 26 of this bill allocate excessive authority to the executive at the expense of traditional authorities in communal land administration.

[02:00:19]This approach is not correct and contradicts the spirit of 2018 national land conference.

[02:00:30]Furthermore, section 44 clause 3 of the communal land reform act of 2002 as amended by act number 13 of 2013 clearly state and I quote if any f is found on cinal land in contravention of subsection one the chief or traditional authority or the land board consent may curse such fence to be removed.

[02:01:00]and may dispose of the material used for the election of such things. End of quote.

[02:01:09]In this regard, I am of the opinion that section 231 B and section subsection 2 of the bill should not form part of this legislation as they favor current occupants who may have illegally acquired communal land.

[02:01:31]This is particularly evident in regions such as Kavango East, Kavango East, Kavango West, Oranga and Zambesi.

[02:01:39]Although similar challenges exist elsewhere in Namibia.

[02:01:46]Furthermore, honorable speaker, section 40 of this bill also fails to clearly define the relation of and conditions of lease hold tenya between Namibians and non-Namibians.

[02:02:03]This ambiguity must be corrected to protect national interest.

[02:02:10]Disregarding traditional authorities is equivalent to modernday colonialism and will and wrote our identity as black African Namibians.

[02:02:24]Traditional leaders live permanently among their people and serve for life unlike ministers who serve limited political terms.

[02:02:38]Concentrating land administration power in the executive may lead to the following.

[02:02:47]One, increased bribery and corruption in land allocation.

[02:02:53]Two, erosion of dignity and authority of traditional authorities.

[02:02:59]Three, widening inequality between the enlight advancement of foreigndriven capitalism at the expense of local communities is possible.

[02:03:15]Honorable speaker, we need peace not tumor in the administration of communal land.

[02:03:24]Parliament must therefore not pass a law that undermines or disregard the critical law of traditional authorities.

[02:03:38]In conclusion, honorable speaker, land is our tradition, our culture, our dignity, our hope and life. We will never prosper our offspring and we will never truly own our land if we fail to recognize, uphold and respect our traditional authorities known as Lunga and Mena in Zambzi, Pumu Ha in Kavango in the northern region, bombara in the central and eastern regions and captain and go in the south.

[02:04:29]We must not compro compromise with them.

[02:04:33]These leaders are our custodians and firebears of our nation. They deserve full recognition and authority in the allocation and management of covenant.

[02:04:49]So this bill must consider many things especially the cry from our traditional authority in its current form.

[02:05:06]I likely to say that I may not support for now. I shall submit.

[02:05:13]>> Yes.

[02:05:15]>> Honorable Aanda.

[02:05:21]>> Honorable speaker, I'm rising on a point of procedure and I just want to preface my point of procedure because we might be in trouble.

[02:05:32]One, we always hear this misinterpretation that says article 100 says all land shall belong to the state unless um lawfully owned. The assumption is that there's land where that is not lawfully owned anyway.

[02:05:51]There's no such a thing. There was nothing in Namibia with land that is not lawfully owned. But article 66 says that customary law and common law would remain in force on equal footing.

[02:06:08]So if you are saying that customary law that was applicable since time in memorial remain in force in terms of article 66 that basically means that there's no land that is not lawfully that is not lawfully owned.

[02:06:22]Now why am I saying we we we have a problem?

[02:06:27]We have it's unfortunate that the minister is not here speaker. There is a a law that is called Council of Traditional Leaders Act number 13 of 1997. I'm going to move very slowly speaker so that you can understand the problem.

[02:06:44]Section 151 of that act says the following.

[02:06:50]Any legislation pertaining to communal land shall be laid before the council for its consideration and recommendation before it is introduced in the national assembly.

[02:07:06]I'll read it again. Section 151 of the Council of Traditional Leaders Act 13 of 1997.

[02:07:16]Any draft legislation pertaining to communal land shall be laid before the council. Council means the council of traditional leaders for its consideration and recommendation.

[02:07:30]Now what?

[02:07:33]>> Consultation.

[02:07:34]>> No late. The law means late is not consultation. You must lay it before the council. Now then subsection two says any comment gee ministers what's wrong speaker. Yeah.

[02:07:51]Yeah. No, I hear >> so fine.

[02:07:59]>> No, I I was on the point of procedure.

[02:08:02]You will always speak if you want to speak. Now speaker section 152 says any comment or recommendation which council may wish to make in relation to any bill laid before it in terms of subsection one shall be submitted by council to the minister within 90 days after the referral of such a such bill to council or such extended period as the minister may approve. failing which the introduction of the bill in the national assembly may be proceeded with. So in other words the act presupposes two uh two two scenario. One you must lay it on the table.

[02:08:44]Read you must lay it on the table of council. Once it's laid on the table council must do two things. It must consider it and it must make recommendation.

[02:08:56]If council does not make consider and make recommendation within 90 days, the national assembly can proceed without their recommendation.

[02:09:08]Now, does this provision qualify as far as the land act is the land bill is concerned? The entire chapter two, the entire chapter two of the bill is on communal land.

[02:09:21]Part one, part two, part three, all on communal land. That's why I'm saying we are sitting with a problem. It is not consultation. So this bill is very very important.

[02:09:32]Is very important. In fact is the most important bill that is on the table. Not the petroleum thing that we're trying to do. This is a very important bill. Now if we proceed in a matter in a manner procedurally that is outside the provision of the law all these wonderful contribution that have been made by everyone would be would have been to gone to waste. So in conclusion speaker on the point of procedure is that one we must be com it must be confirmed to us here that this bill was laid before the council of traditional leaders in terms of section 15 that evidence must be produced to us.

[02:10:16]Two we must receive the comments and recommendation in terms of subsection two. What is the council saying so that we are able to to to to to get that and if council have been given if they've been laid upon council and they failed to do that within 90 days then we can be comfortable speaker in proceeding because we will then be invoking section 152 of the act because they were given an opportunity they didn't do that now we are sitting with this whole problem people are saying traditional leaders have not been consulted and they we are reading that in the media. I'm one I wasn't too concerned because I was alive to the fact that there is that provision just to realize that it may actually be that it has not been late before council for them to consider and for them to make recommendation before the house. One racing is a very important thing because 90 days that means 3 months people are accusing each other of delaying the bill. What is the purpose of rushing and the bill would have been declared that the national assembly acted unlawfully. It may not be happening in Namibia but in other jurisdiction we see the courts that make ruling that the national assembly in familiar jurisdiction where we visit the national assembly had been found wanting. We don't want to have a situation on an important bill. Maybe we can take chances with the petroleum and other things, but the land bill, we must not take chances. Let's make sure that we do it rightly, speaker. And if there's an omission, I mean, we are all human beings. Mistakes can be made. If there's a mistake, can we quickly rectify that? Can we ask the minister responsible to convene a meeting of a council? And then they consider that.

[02:12:09]And once that consider that we get the evidence in terms of there will obviously be minutes and records. We're not saying meeting over coffee mustn't becoming a government of coffee. The law is very clear and we must move together in unison in support of this bill. Thank you.

[02:12:24]>> Yes. Thank you honorable my take of it is this. Um what you cited is not a a a provision of the rules and order standing rule. No, no, wait, wait, wait. Both of you, you see the the the responsibility of the preciding officer is to enforce the standing rules and orders of the National Assembly adopted by the National Assembly in terms of the constitution for the conduct of the proceedings of the house. Yeah. For the conduct of the proceedings. Now that's where the preciding officer ends. Now the matters would now be brought to the members of the assembly and the members would scrutinize all aspects of the of the issues that are brought and that would include the proposals in the items that are brought which would now be the substantive matters that are contained in the bill and the modalities yeah for the modalities for crafting those proposals that are brought before the assembly for considerations. So in other words, what I'm saying is that's a substantive issue that you are raising.

[02:13:39]But that is an issue that has to be dealt with by the house and not by the preciding officer as per ruling because I can't rule on how ministers conduct themselves out of the house. I can only rule on how members are conducting themselves in the house. So, so, so that that should be part of your contribution in my view is if if you are still to contribute to the to the bill, you can raise that as part of the of of the issues that you raise and then the assembly would consider without they they have to consider whether to approve the bill or to send the bill back or to send it to a committee, they can then consider that and then the minister would also be able to respond to it. But it will not be possible for me to consider it as an issue of the rule where I can say no this bill cannot be admitted into the assembly for discussion because the minister did not outside of the assembly act in this way because the the scope of the mandate of the preciding officer does not extend to beyond what happens outside of the house. Yeah, that that's really my interpretation of it. Um and and and therefore that means if you have not yet contributed when you take the floor you can raise that issue and then parliament can decide if you are correct indeed in what you are saying parliament can decide to say no we are not going to to approve this bill and the minister is asked to take the bill back and comply with that provision that that's my take of it >> yes let let honorable come with Yeah. So I I understand the the predicament that you are in as as a presiding officer. Um my fear is just that it basically means then let's not just look at the bill.

[02:15:39]Let's also look at motion and other things. It means then that anything can come in for as long as it's the presiding officer will just but I I understand the predicament that you are in. H my view I'm qualifying that this is a very important bill. I don't think the solution will just be I don't even think we must go and risk an important bill for us just to later to say that we are not approving it. I was raising the the procedural matter in terms of if we are together really that this act we I didn't pass this law it was passed in 1997. I was what looking for a girlfriend in primary school. So so it's it's I'm raising this issue really to say if we find each other that there is a procedural defect.

[02:16:33]I know you are throwing it back to us as the assembly that look if you people did not do your job. I mean we saw also with the register things and so it has nothing to do with the the presiding officer. So maybe the question must be thrown to the leader of government business but I do accept I'm not saying the I'm not holding you responsible as a presiding officer over the conduct of ministers but I think this is an issue that I don't think we can debate and agree it's to verify if we verify what is the solution special sitting of council and then we put up a because not it's not just speaker remember we are banning ownership of land by foreigners and we have 2,00 two 2,000 2.5 million hectares of our land that is owned by foreign and absentee landlord. The moment we pass this bill, they are the first one that are going to uh uh to say that this bill is not is not it's not passed lawfully. So that's the the context in which maybe we can yes we can throw it back to the leader of government business and we see what is the best possible way the idea is really to save the bill it's not to say let's it will be irresponsible to let it go back no what do we do we see it as a problem if it's a problem how do we cure it >> yes no no thank you I hear what you are saying I'm just saying that we can use whatever mechanisms that are available But it's for the for the house. That is why the rules even make a provision for objecting to items that are presented.

[02:18:13]So it was possible for a member for example when the minister gives notice before they motivate usually the preciding officer say any objection. So any person could actually have said we have an objection or the matter could have been taken up with the with the amongst the chief whips or the matter can be taken up with the with the leader of government business. I I'm just saying without dismissing the concern that this is not something that the preciding officer can rule on without a a a proposal coming from the house to say we either object so that I can say the house must divide or we reframe the matter to a committee so that the committee considers the matter and bring a proposal to to parliament because when a matter is referred to a committee the committee doesn't even have to go for hearing they can actually sit and study and say procedurally there is a problem and therefore they come to parliament and and make a recommendation. So uh I want to suggest that maybe that should be something that is taken up either among the chief whip or the chief whips and the leader of of government business uh so that we can see how we proceed with it. Unfortunately I I I can't make a ruling on on that one and that now takes us beyond the knock of time. I saw somebody wanted to speak on this side but then it means we rise under auto he he can you can consult after this now it's past time according to the rules the the preciding officer must interact whatever was going on when it's knockoff time unless if we were the with we were concluding which we were now so now we rise on automatic adjinment until tomorrow at 14 hours