AR threatens Supreme Court challenge over Petroleum Bill

Affirmative Repositioning (AR) has warned prospective oil and gas investors to prepare for another five years of uncertainty, threatening to challenge the constitutionality of Namibia’s Petroleum Bill all the way to the Supreme Court if it becomes law in its current form.AR leader and parliamentarian Prof Job Amupanda issued the warning during an interview on The Agenda on Sunday, saying the movement had already prepared an affidavit and would initiate legal proceedings once the President assents to the legislation.“If you are going to come and do this thing based on this petroleum, prepare for another five years again because we are going to challenge this constitutionality. And we will challenge it all the way until the Supreme Court,” Amupanda said.He warned investors against assuming that parliamentary approval would settle the controversy surrounding the proposed legislation.“We can already tell you in advance that we will challenge that petroleum,” he said.The warning comes as Namibia prepares for potential commercial oil production, with the proposed legislation seeking to restructure the regulation of the country's upstream petroleum industry.The Petroleum (Exploration and Production) Amendment Bill proposes transferring key regulatory responsibilities from the Ministry of Industries, Mines and Energy to a new Upstream Petroleum Unit (UPU) in the Office of the President.The unit would oversee petroleum licensing, regulatory compliance, petroleum data and local content, while the President would assume additional powers relating to regulations and royalty remissions and deferrals.Constitutional concernsAmupanda argues that transferring petroleum regulatory powers to the Presidency would weaken parliamentary oversight by removing responsibilities from a minister directly accountable to the National Assembly.During parliamentary debate on 30 September, he objected to provisions transferring powers from the minister to the President and the proposed unit's director-general. Functions currently exercised by the Petroleum Commissioner would also move to the unit's deputy director-general.He questioned the accountability of these officials, who would be appointed by the President rather than answer directly to Parliament in the same manner as a Cabinet minister.“The Bill offends the Namibian Constitution in many respects,” Amupanda said during the debate.He also challenged provisions granting the President authority over petroleum regulations and royalty remissions and deferrals, arguing that Parliament would lose meaningful oversight of decisions affecting potentially substantial national revenue.The Bill passed its second reading in the National Assembly on 20 October, with 50 MPs voting in favour after opposition parties walked out in protest.It must still undergo further parliamentary consideration before proceeding to the National Council and ultimately the President for assent.The Presidency has defended the restructuring, arguing that placing the regulator in the Office of the President would speed up decision-making while maintaining adequate checks and balances.Despite threatening legal action, Amupanda said AR remained willing to engage on amendments that could address its constitutional objections.“We are also reasonable in saying engage us, engage us,” he said.He indicated that the movement would consider alternative proposals and compromise where necessary, leaving room for negotiations before the legislation becomes law.However, AR's warning signals that passing the Bill through parliament may not end the dispute over who should control Namibia's emerging petroleum industry.phillipus@nmh-hub.com.na

AR threatens Supreme Court challenge over Petroleum Bill

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Namibian Sun 2026-11-04

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AR threatens Supreme Court challenge over Petroleum Bill

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Namibian Sun 2026-11-04

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