Govt moves to establish trade commission with new legislation

CHAMWE KAIRA

The government has tabled legislation that would establish an independent commission responsible for managing national tariffs and strengthening the country’s ability to respond to unfair international trade practices.

International relations and trade minister Selma Ashipala-Musavyi tabled the International Trade Management Bill, 2026, also referred to as Bill B.3 of 2026, in the National Assembly. 

The bill seeks to establish the Namibia International Trade Commission as a statutory body responsible for protecting and promoting Namibia’s commercial interests and administering aspects of the country’s international trade framework.

The proposed commission would take over responsibility for national tariff-setting, including the analysis of customs duties, rebates and refunds, while taking into account Namibia’s regional and international obligations.

It would also be empowered to investigate and address unfair trade practices, including dumping, subsidised imports and sudden increases in imports.

The legislation provides for the implementation of infant industry protection under Article 26 of the Southern African Customs Union (SACU) Agreement.

The measure is intended to give emerging domestic industries time to expand their capacity and compete with established foreign producers.

The bill provides for a seven-member board representing key economic sectors, including agriculture, mining and manufacturing.

It also provides for consideration of gender balance and the inclusion of persons with disabilities in the composition of the board.

The commission would be headed by a chief commissioner who would serve as its accounting officer. The chief commissioner would be responsible for implementing a five-year integrated strategic business plan and managing the commission’s financial affairs.

The proposed legislation also sets out governance requirements for the commission. Within 90 days of its establishment, the board would be required to enter into a governance agreement with the minister, while individual performance contracts would apply to board members.

Investigating officers would be empowered, subject to constitutional safeguards relating to dignity and privacy, to enter premises, inspect records and shipping documentation and investigate suspected unfair trade practices. The officers could be accompanied by peace officers.

The bill would further provide mechanisms for dealing with shortages of essential goods, including provisions allowing the minister to advise the President on the declaration of an economic emergency.

A key objective of the legislation is to strengthen Namibia’s domestic capacity to manage international trade issues, particularly as the country remains a small, open economy exposed to developments in global markets.

The Bill links trade management to the industrialisation objectives of the Sixth National Development Plan (NDP6) and Vision 2030.

It targets an increase in the share of manufactured goods in Namibia’s total exports from 42% in 2024 to 60% by 2029/30. It also targets an increase in manufacturing’s contribution to gross domestic product from 10.6% to 18%.

According to the minister, the proposed framework followed consultations involving government agencies, the private sector and organised labour.

If enacted, the legislation would repeal the Import and Export Control Act of 1994 and replace it with a broader framework for managing Namibia’s international trade.

The proposed commission would operate within Namibia’s obligations under regional and international trade agreements, including SACU and the SADC-EU Economic Partnership Agreement.

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