Procurement court on the cards as Namibia looks to streamline disputes and processes

Minister of finance and public enterprises Iipumbu Shiimi has tabled a bill proposing a dedicated court to handle procurement-related disputes.

The public procurement amendment bill of 2025 will address critical gaps identified in the implementation of the Public Procurement Act of 2015.

The act came into operation on 1 April 2017, with the objectives to promote fundamental principles of procurement, which are fairness, transparency, accountability efficiency, competitiveness, effectiveness and integrity in public procurement.

“The amendments proposed in this bill are driven by the urgency to strengthen accountability and expedite the resolution of disputes so as to enhance transparency, efficiency, and fairness within the public procurement system in Namibia.

“Furthermore, the Swapo Party Implementation Plan of 2025 to 2030 identified the establishment of a public procurement court to handle public procurement-related cases as one of the priority areas,” Shiimi says.

He says the establishment of such a court is a significant step towards achieving this goal.

The minister says challenges and disputes arising from public procurement processes experience protracted resolution, potentially hindering essential service delivery and discouraging fair competition.

A case in point, he says, is the prolonged legal challenges in the procurement of essential goods, such as pharmaceuticals, clinical supplies, and food for school hostels, which have led to recurring emergency procurement.

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,” he says.