Swapo pushes for dedicated procurement court
• Reform driven by party manifesto
Swapo has introduced a bill aimed at establishing a public procurement court – in line with its election manifesto – during the first term of office of incoming president Netumbo Nandi-Ndaitwah.
The proposal, finance minister Ipumbu Shiimi said yesterday, is based on the principles of transparency and the need to expedite dispute resolutions, particularly in the procurement of essential goods such as pharmaceuticals and clinical supplies.
Shiimi was speaking during the introduction of the Public Procurement Amendment Bill of 2025, highlighting the need to address a critical gap in the implementation of the Public Procurement Act of 2015.
The current legislation, which came into operation on 1 April 2017, aimed to promote fundamental procurement principles, including fairness, transparency, accountability, efficiency, competitiveness, effectiveness and integrity in public procurement.
The amendments aim to enhance the overall transparency, efficiency and fairness of procurement processes in Namibia, the finance minister said.
“The establishment of a dedicated public procurement court, as outlined in this bill, is a significant step toward achieving this goal,” Shiimi said.
Establishing a public procurement court is one of the key targets outlined in the Swapo manifesto for the period 2025 to 2030.Addressing critical issues
Currently, disputes related to tender awards are handled by an independent review panel. However, complaints about its integrity have persisted.The review panel was established to adjudicate on applications for review, suspension, debarment, disqualification of bidders and suppliers, or any other matter that the minister may refer to it for consideration.
In February, Namibian Sun reported that Nandi-Ndaitwah is advocating for radical reforms in the country’s public procurement system, which has long been criticised for its lack of transparency and inclusivity.
“She doesn’t like the fact that the same people continue to benefit from government tenders repeatedly at the expense of others. She wants the Central Procurement Board of Namibia completely reformed,” a member of the committee Nandi-Ndaitwah has assembled to devise the manifesto implementation plan said at the time.
One of Nandi-Ndaitwah’s key priorities is eliminating middlemen from the health supply chain. She is reportedly dissatisfied with the large sums of money that go to third parties, while hospitals remain critically understocked with essential medical and clinical supplies.
Specialised court
Shiimi noted that currently, challenges and disputes arising from public procurement processes often experience protracted resolution, which can hinder essential service delivery and discourage fair competition.
“A case in point is the prolonged legal challenges in the procurement of essential goods, such as pharmaceuticals, clinical supplies and foodstuffs for hostel schools, which have led to recurring emergency procurements,” the minister noted.
“This practice results in significant cost escalations for the government and diminishes competitive bidding. This amendment addresses these challenges by creating a specialised court within the High Court, equipped to efficiently adjudicate matters related to public procurement.”
The proposed court will serve as a forum for resolving disputes, ensuring that matters are adjudicated by judges with dedicated expertise in public procurement law.
The bill outlines the court’s powers to hear appeals from the review panel, conduct reviews and address non-compliance issues, including matters related to the interpretation of procurement laws.
Trustworthy system
The bill places particular emphasis on critical procurements, such as pharmaceuticals, clinical supplies and other essential services.
It mandates expedited decision-making to ensure the timely delivery of vital services. The bill also authorises the finance and public enterprises minister to designate additional essential goods, works and services requiring expedited decision-making through directives.
“These amendments are not merely procedural; they are fundamental to fostering a robust and trustworthy public procurement system. By providing a dedicated avenue for dispute resolution, we will enhance investor confidence, promote fair competition, and ensure that public resources are used effectively and efficiently for the benefit of all Namibians,” Shiimi said.
“This bill represents a significant advancement in our efforts to strengthen governance and promote transparency.”
The proposal, finance minister Ipumbu Shiimi said yesterday, is based on the principles of transparency and the need to expedite dispute resolutions, particularly in the procurement of essential goods such as pharmaceuticals and clinical supplies.
Shiimi was speaking during the introduction of the Public Procurement Amendment Bill of 2025, highlighting the need to address a critical gap in the implementation of the Public Procurement Act of 2015.
The current legislation, which came into operation on 1 April 2017, aimed to promote fundamental procurement principles, including fairness, transparency, accountability, efficiency, competitiveness, effectiveness and integrity in public procurement.
The amendments aim to enhance the overall transparency, efficiency and fairness of procurement processes in Namibia, the finance minister said.
“The establishment of a dedicated public procurement court, as outlined in this bill, is a significant step toward achieving this goal,” Shiimi said.
Establishing a public procurement court is one of the key targets outlined in the Swapo manifesto for the period 2025 to 2030.Addressing critical issues
Currently, disputes related to tender awards are handled by an independent review panel. However, complaints about its integrity have persisted.The review panel was established to adjudicate on applications for review, suspension, debarment, disqualification of bidders and suppliers, or any other matter that the minister may refer to it for consideration.
In February, Namibian Sun reported that Nandi-Ndaitwah is advocating for radical reforms in the country’s public procurement system, which has long been criticised for its lack of transparency and inclusivity.
“She doesn’t like the fact that the same people continue to benefit from government tenders repeatedly at the expense of others. She wants the Central Procurement Board of Namibia completely reformed,” a member of the committee Nandi-Ndaitwah has assembled to devise the manifesto implementation plan said at the time.
One of Nandi-Ndaitwah’s key priorities is eliminating middlemen from the health supply chain. She is reportedly dissatisfied with the large sums of money that go to third parties, while hospitals remain critically understocked with essential medical and clinical supplies.
Specialised court
Shiimi noted that currently, challenges and disputes arising from public procurement processes often experience protracted resolution, which can hinder essential service delivery and discourage fair competition.
“A case in point is the prolonged legal challenges in the procurement of essential goods, such as pharmaceuticals, clinical supplies and foodstuffs for hostel schools, which have led to recurring emergency procurements,” the minister noted.
“This practice results in significant cost escalations for the government and diminishes competitive bidding. This amendment addresses these challenges by creating a specialised court within the High Court, equipped to efficiently adjudicate matters related to public procurement.”
The proposed court will serve as a forum for resolving disputes, ensuring that matters are adjudicated by judges with dedicated expertise in public procurement law.
The bill outlines the court’s powers to hear appeals from the review panel, conduct reviews and address non-compliance issues, including matters related to the interpretation of procurement laws.
Trustworthy system
The bill places particular emphasis on critical procurements, such as pharmaceuticals, clinical supplies and other essential services.
It mandates expedited decision-making to ensure the timely delivery of vital services. The bill also authorises the finance and public enterprises minister to designate additional essential goods, works and services requiring expedited decision-making through directives.
“These amendments are not merely procedural; they are fundamental to fostering a robust and trustworthy public procurement system. By providing a dedicated avenue for dispute resolution, we will enhance investor confidence, promote fair competition, and ensure that public resources are used effectively and efficiently for the benefit of all Namibians,” Shiimi said.
“This bill represents a significant advancement in our efforts to strengthen governance and promote transparency.”
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