Govt pushes green hydrogen agenda despite legal gap

The government says it is ready to implement green hydrogen projects despite the absence of dedicated legislation governing the emerging sector.

National Planning Commission director general Kaire Mbuende made the remarks at the World Hydrogen Summit and Exhibition in Rotterdam, Netherlands, last Thursday, where he said Namibia is shifting its focus from planning to implementation.

“We are here to reaffirm that Namibia is ready to partner with you all. We are ready to look at Namibia not only as a production location for green hydrogen but also as a future platform for the low-carbon industry in southern Africa.

We are ready to move from dialogue to implementation,” Mbuende said.

His remarks come amid ongoing questions about the legal framework underpinning green hydrogen projects, including the proposed US$10 billion (about N$163 billion) Hyphen Hydrogen Energy project at Tsau //Khaeb National Park near Lüderitz and Aus.

Mbuende acknowledged that the sector still faces challenges, including the development of legal frameworks, certification systems and access to project finance.

Despite these challenges, he said Namibia aims to create 30 000 green jobs by 2030, expand domestic production capacity and contribute to global decarbonisation efforts.

He said green hydrogen remains a central pillar of Namibia’s sixth National Development Plan (NDP6), with the government seeking to use the sector to diversify the economy and reduce reliance on primary commodity exports.

Mbuende highlighted several projects currently under development, including the Hyphen project, which has a production target of three million tonnes of green hydrogen annually.

He also referred to the Green Iron Production project, which aims to establish Africa’s first green iron plant in Namibia, and the

Green Transport project, a partnership with Belgium-based CMB Tech to convert retired TransNamib locomotives to run on green hydrogen fuel.

According to Mbuende, three of the six pilot projects launched by the government are now transitioning to large-scale infrastructure development aimed at producing green ammonia for export markets.

However, the pace of implementation has drawn criticism from some politicians.

Last month, Landless People’s Movement parliamentarian Eneas Emvula questioned why the government is advancing green hydrogen projects before parliament has passed dedicated legislation for the sector.

Minister of industries, mines and energy Modestus Amutse says current existing laws are sufficient to cover the legal framework for implementing the projects.

“All hydrogen-related activities are subject to the Environmental Management Act, the Electricity Act, the Water Resource Management Act, and the Labour Act, the Income Tax Act, among others, in addition to the Constitution itself,” Amutse says.

However, acting deputy chief in the directorate of law reform and legislation Mutindi Jacobs says consultations on the green hydrogen draft bill are still underway after the green hydrogen policy was completed last year.

“Once the consultative process and turning the policy into legislation is complete the directorate expects the draft bill to be submitted to the parliament before the end of this year,” she says.

Jacobs says the policy had been developed by an interministerial committee drawing input from a wide range of ministries, agencies and government entities to ensure inclusivity.

“The policy is anchored in the Green Hydrogen Strategy of 2022 and the Green Industrialisation Blueprint, serving to set out the political intent, goals and direction of Namibia’s green hydrogen and green industrialisation agenda.”

She says although the process has faced delays due to the transition to a new administration, she is confident that the process is still on track and nearing completion.


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