SENIOR advocate Raymond Heathcote says the Namibia investment promotion bill is unconstitutional.
This opinion was commissioned by the Namibia Institute for Economic Policy at the request of various Namibian investors and affected parties, and submitted to the Ministry of International Relations and Trade.
Heathcote says the bill improperly uses an act instead of a code, grants the minister excessive discretion, and replaces the rule of law with bureaucratic uncertainty, ultimately discouraging foreign investment.
The opinion shows several primary constitutional arguments which a focus on procedural failures, the misapplication of specific constitutional articles, and the erosion of the rule of law.
“I conclude that the bill is not constitutionally compliant. With respect, the bill, if ever enacted, will have the effect of discouragement of foreign investment.
“Such a legislative instrument will be wholly unconstitutional and ultra vires the noble object of Article 99 of the Constitution,” Heathcote says.
He further advises a strategic pause, saying the bill is a high priority for promulgation, but its sensitive nature – impacting local empowerment and foreign capital – means Namibia must “get it right” to avoid deterring the very investment it seeks.
