Essentially, the process of liberalising investment legislation is aimed at easing the ability of conducting business for foreign investors by removing bottlenecks pertaining to: Restrictions on sectors in which FDI can be made; restrictions on the value of FDI; restrictions on the level of foreign ownership; compulsory joint ventures with local firms; controls on repatriation of profits; performance requirements, e.g. This included one key respondent from each of the following organisations: the Windhoek LA, Walvis Bay LA, WBEPZMC, NPT, Ministry of Urban and Rural Development, Namibia Investment Centre (Renamed to Namibia Investment Promotion Development Board) and the Namibian Association of Local Authority Officials. Under article 22 of the Act, no unqualified person may draw up on behalf of another person (a) a will or other testamentary instrument; (b) any contract, deed or instrument relating to the creation or dissolution of a partnership or a variation of the terms thereof; (c) any contract, deed or instrument for the acquisition, disposal, exchange or lease of immovable property or a right relating to immovable property, other than a contract for the lease of immovable property for a period less than five years; (d) the memorandum or articles of association or prospectus of a company, Legal practitioners also have certain rights enshrined in the Act, including (a) the right of audience in any court or tribunal in which persons are entitled by law to legal representation; (b) have the right to present any document for registration in a deeds registry or for attestation or execution by the registrar of deeds, if he or she holds, or is deemed to hold, the certificate in conveyancing; (c) if he or she holds, or is deemed to hold, an appointment as notary public under section 86, have the right to perform any act which in terms of any law is required to be performed by a notary public. (1992). This occurs even when such functions are most needed at the SNG level to foster bottom-up development that contributes to the national agenda. Fortune of Africa. WebACTTo make provision for the promotion of foreign investments in Namibia.BE IT ENACTED by the National Assembly of the Republic of Namibia, as follows:- 1. 9 of 1995) saw the Namibian government similarly according priority to the attraction and facilitation of export-oriented manufacturing FDIs (Republic of Namibia, 1995). WebAct, 1990 (Act 8 of 1990), an investment in Namibia by a foreign national of rand in the currency of the Republic of South Africa shall be deemed to be an investment of foreign The below is attributable to Spokesperson Matthew Miller: Secretary Blinken spoke today with Turkish Foreign Minister Hakan Fidan to preview the upcoming NATO Summit in Vilnius. Journal of European Public Policy, 20(6), 817-837. Nonetheless, EPZ management companies were not established in all LA areas that hosted EPZ FDI, hence the resultant need for some LAs (e.g. Krugman, P.R. 9 of 1995) failed to make provisions for the establishment of an EPZ management company in the Windhoek LA to aid with facilitating one of the biggest EPZ companies in the country, the RTN. 81 Namibia Investment Promotion Act s 35(2) (b). Through purposive sampling, 13 key respondents were interviewed. Export processing zones and the quest for sustainable development: A Southern African perspective. Collection last checked for updates: 6 October 2022. (2017). 27, 1990 FOREIGN INVESTMENT ACT, 1990 (2) At any time before a currency for Namibia has been established under section 19 of the Bank of Namibia Act, 1990 (Act 8 of 1990), an investment in Namibia by a foreign national of rand in the currency of the Republic of South Africa shall Where is it going? These are accessible to both existing and new Both FDIs have not engaged in CSRs that is aimed at filling the development gaps of the community and the LA. Organisation for Economic Co-operation and Development. PART I ADMINISTRATION OF ACT AND PRINCIPLES REGARDING FOREIGN INVESTMENT 2 Understanding the complexities of the policy and legislative framework for the facilitation of foreign direct investment (FDI) in any country is important for fathoming the dynamics investment facilitating agencies (IFAs) are confronted with. Weintraub, R.E. Are there certain activities that are "reserved" to those who are licensed to practise law in the jurisdiction? 23 of 1992) as amended, the EPZ Act (Act No. (2015). Windhoek: Government Printers. This guide is designed to be your introduction to companies and close corporation registration procedures and requirements. Sauvant and Hamdani (2015), Dressler (2018), Novik and Crombrugghe (2018) and Savant (2018) advocate for a coherent legislative framework that sufficiently empowers LAs in executing their duties. Legislation in Namibia that speaks of CSRs is the National Policy on Volunteerism of 2014 which languidly recommends/suggests CSRs (Republic of Namibia, 2014). WebACTTo make provision for the promotion of foreign investments in Namibia.BE IT ENACTED by the National Assembly of the Republic of Namibia, as follows:- 1. Washington DC: The World Bank. The Act is silent on foreign law firms, only making provision for individual foreign lawyer practice in Namibia. Furthermore, a majority of the respondents problematized the neo-liberal undertone of investment laws such as the EPZ regime for development. Considering the limited literature that exists in MLG studies, there is room for further studies that provide empirical anecdotes on legal and policy frameworks in different countries that have adopted an MLG system to increase the explanatory authority of the MLG theory, which is still evolving. meat and fish products, whether manufactured in Namibia or not, are given The current study found and supports the idea that the absence of this normative synchronised factor has created a majority of the policy coordination challenges for LAs under the EPZ regime. The facilitation of FDI by LAs is an area of development studies that has long been overlooked. In terms of the scope of functions, this theme required that respondents provide their views on how the current legal and policy framework in Namibia have impacted on the scope of the Windhoek and Walvis Bay LAs in facilitating FDI under the EPZ regime. In terms of its core functions, the WBEPZMC was not linked to the Walvis Bay LA. 30 It is however not clear whether such permits refer to permits that were issued to foreign investors not under the Foreign investment Act or those issued in terms of other legislation. The EPZ regime is currently phasing out and being replaced by the Special Economic Zone regime. In presenting the results around this primary theme, other key issues around the sub-theme of challenges of policy coordination and implementation in an MLG system have similarly been discussed. Journal of Sustainable Development in Africa, 20(3), 83-99. The main question of this article is: To what extent has Namibia realised the objectives encapsulated in her foreign policy principles of striving for international peace and security and promote the values of democracy in the Southern African Development Community (SADC) region? Broadly, a majority of the respondents indicated that the tendency of the Namibian government holding on to power by incrementally decentralising functions to SNGs such as LAs is crippling for bottom up development and governance in an MLG system. The national environmental health policy of March 2002. A response that encapsulates that of majority respondents indicated that: key legislation on LAs such as the Namibian Constitution and the LAs Act (Act No. The concise encyclopedia of economics. 9 of 1995) mandates that the provision of FDI incentives (e.g. Opinion: A bottom-up model of development required, Towards an international framework for investment facilitation, FDI in India: History, policy and the Asian perspective, Local authorities act (act no. Despite this neo-liberal orientation in the EPZ regime, there was no clear provision made for the mitigation of the negative and exploitative character and operations of these, often unreliable FDIs those neo-liberal investment policies attract. Secondary data were obtained from books, acts of parliament, policies, research articles and online libraries on the facilitation of FDIs by SNGs such as LAs. The Law Society lays down the conditions for joint practice between individual lawyers. The Act also prohibits legal practitioners from jointly advertising with non-legal practitioners and signing any form of contract that allows the latter to share in the remuneration of a legal practitioner. These development benefits are instrumental at the LA level in an MLG state such as Namibia that embraces bottom-up development. 33 of 2000). Party to this, a report by Kahiurika (2017) suggests that the tax haven in Namibia, as created by the EPZ Act (Act No. prior practice). WebWe recognize the important role that Foreign Direct Investment (FDI) can play in complementing and bolstering our developmental objectives, which are, to stimulate growth, diversify our economy, increase the industrial base and promote value addition. Namibia Government Gazette dated 1993-12-01 number 752, Namibia Government Gazette dated 2016-08-31 number 6110. The current study raises important concerns on how the ambiguous nature of Namibias policy and legislative framework on FDI facilitation has impacted on the scope and developmental experiences of the Windhoek and Walvis Bay LAs with FDIs, particularly in pursuit of the FDI developmental knock-on effects in an MLG system. The Foreign Investment Act of 1990 is the Can foreign lawyers requalify as local lawyers? There is explicit and direct reference for the establishment of foreign investors and LAs in the country. Creative Commons Attribution 4.0 International License. 23 of 1992) as amended. WebNamibias foreign investment space is currently governed by the Foreign Investment Act (27 of 1990). Grand challenges in public administration: Implications for public service education, training, and research. This is because the legal framework sets the parameters in which LAs and FDIs engage each other. Bargaining between local governments and multinational corporations in a decentralised system of governance: The cases of ogan komering ilir and banyuwangi districts in Indonesia. WebThe Foreign Investment Act of 1993 (FIA) currently governs FDI in Namibia and guarantees equal treatment for foreign investors and Namibian firms, including the May a domestic lawyer be employed by a foreign lawyer or law firm? Paris: OECD Publishing. The legislation and policy framework on decentralised foreign direct investment (FDI) facilitation shapes the scope and developmental experiences of host local authorities (LAs) with foreign investors in Namibia. 23 of 1992) similarly provide a limited scope to LAs in facilitating FDI. Windhoek: Office of the Ombudsman and Konrad Adenauer Stiftung. Although legislatively underpinned by the principles of a mixed economy (market economy with elements of a planned economy), Namibias economy has been criticised for being more market oriented (Jauch et al., 2011), thus serving private interests through policy instruments, that is, foreign investors. Canfei, H. (2006). (2016). Resembling the neo-classical and location theories, the removal of the above-mentioned bottlenecks provides an opportunity for the maximisation of profits, thereby increasing the location attractiveness index for foreign investors. Pant, M., & Srivastava, D. (2018). 27 of 1990) repealed by section 36 continues: a. to exist as a department of the Ministry; b. to exist under the name Namibia Investment Centre; and. (2011). Marenga, R., Blaauw, L., & Nawases, R. (2018). The EPZ regime simply does not reflect on any FDI internal and external sustainability requirements of FDIs. An unqualified person cannot hold themselves out as a Namibian legal practitioner or "issue out any summons or process or commence, carry on or defend any action, suit or other proceeding in any court of law in the name or on behalf of any other person, except in so far as it is authorised by any other law". Buttressing this, another respondent motivated that: key legislation should ascend the developmental role of LAs in facilitating FDI for development and capacitate them with the required institutional structures, financial support and human resources (Personal communication, November 5, 2020). The "Foreign Investment Act is the primary legislation that governs foreign direct investment in Namibia. However, the mismatch arises in that excessive liberation often attracts poor quality and unsustainable FDI. The case of NPT suggests a neutral sustainability index where it has been reported to have created sustainable jobs in the local economy and made consistent employee income tax contributions and 10% withholding tax (non-resident shareholders) on declared dividends (Enders, 2013). 28 of 2004), makes no mention of CSR expectation from companies (Republic of Namibia, 2004) as seen with the case of India which has a mandatory CSR policy. Novik, A., & Crombrugghe, A. This study found this to be troubling in that the Windhoek LA could not effectively protect their local communities against pollutants due to legislative power that is centred at national government when it comes to engaging foreign investors. However, although the Walvis Bay Export Processing Zone Management Company (WBEPZMC) was established with the opening of Walvis Bay as an economic zone in 1995/6 (Larri, 2000), it lacked the necessary functions to synchronise FDI sustainability with local development priorities. The Foreign Investment Act will soon be replaced by the Namibia Investment Promotion Act (NIPA) which is currently being amended to particularly provide the private sector with greater room for growth, and inspire reinvestment in Namibia. In Investment Insights (pp. Furthermore, this limited scope renders LAs helpless in trying to retain and foster FDI sustainability and maximise on the development knock-on effects to meet local needs and aspirations. WebForeign Investment Act by Namibia., 1990, Investment Centre edition, in English The IBA uses cookies to provide you with a better website experience. Local Authorities Act (Act No. holder and the Minister from agreeing that any particular dispute shall not, as provided in the Certificate, be referred to international arbitration, but be heard and finally determined by any competent court in Namibia. 9 of 1995) as well as the Namibia Investment Promotion Act (Act No. As a result, the WBEPZMC was the only entity that was established in the country for this purpose. The study found that the inadequacies of the legislative framework in empowering LAs in facilitating FDIs has been attributed to the negative and neutral developmental experiences of the Windhoek and Walvis Bay LAs with facilitating FDI. The inadequate scope for LAs in FDI facilitation may generally subject foreign investors to frustration and render them non-cooperative with SNGs who may come across as powerless. Legal practitioners practising through law firms and partnerships may obtain dispensation from the requirement to maintain individual fidelity fund certificates where a single certificate is obtained on behalf of the entire firm. These jurisdictions are permission are typically granted to those who have qualified in common law jurisdictions. Investment climate in Namibia. on, and assistance with investment incentives, introductions and This is in particular reference to the Windhoek and Walvis Bay LAs with facilitating RTN and NPT respectively. Regional decentralisation and location of foreign direct investment in China. Neoclassical economics. In E15Initiative (pp. This work is licensed under a Creative Commons Attribution 4.0 International License. Mgoqi (2018) supports this approach as the most effective way of driving development from a grass-roots perspective. [The subsection number (1) is superfluous. Indeed, this presents a policy implementation and coordination challenge from an MLG perspective. One of the respondents asserts that: neo-liberalism often has the risk of attracting exploitative unsustainable FDI that is regressive for a country pursuing development interests (Personal communication, October 26, 2020). In the case of special dispensation to practise, a foreign lawyer must possess the particular expertise or experience required by the matter. While both LAs have had a similar core mandate in facilitating FDI, the Windhoek LAs developmental experience with RTN was negative (pollution and broke a number of by-laws, provided poorquality short-term low paying jobs), the Walvis Bay LA languidly benefited from the development effects of NPT (long-term investment of 25 years in the LA area; provided sustainable jobs with sustainable salaries). However, notwithstanding what has been described as a generally adequate policy and legislative framework for attracting FDI in Namibia (Marenga, 2017 & 2019), LAs have faced numerous challenges in facilitating FDI for development. The bias could be explained by the fact that developing countries, especially those in Africa, tend to centralise power on issues of FDI. This EPZ regime is now vibrant and (2018). For more than a century, scholars of public administration (Gerton & Mitchell, 2019) have shown renewed interest in the normative improvement and use of public policies to address various developmental challenges. Are there restrictions on the corporate form a foreign law firm can take? This is expressed against a legislative commitment on the use of FDIs to accelerate bottom-up development in Namibias MLG system. 3. (1993). WebMission Market Namibia as a favourable investment destination Facilitate and create an enabling investment environment and regulatory framework Ensure that Namibia has a by, [This is the version of this document from 1 December 1993 and includes any amendments published up to 6 October 2022. Which authority issues licences? The relocation of RTN occurred after it was reported to have polluted the underground water reservoir, illegally used land that was not allocated to it, and was generally not cooperative with the Windhoek LA (Jauch, 2006 & 2008; Flatters & Elago, 2008), and did not engage in any corporate social responsibilities (CSRs). 23 of 1992) and the EPZ Act (Act No. WebThe Foreign Investment Act guarantees equal treatment for foreign investors and Namibian firms, i.e., fair compensation in the event of expropriation, international arbitration of disputes between investors and the government, the right to Similarly, the RTN was not internally sustainable for a better part of their investment period in Windhoek, and similarly failed to engage in any CSRs. Even if a foreign law firm does not require a legal licence must they register in some form in order to set up an office? Foreign lawyers wishing to visit Namibia for reasons beyond attending workshops/conferences or exploring business opportunities, must obtain a business visa in advance. 1. It guarantees equal treatment for foreign investors and Namibian firms including, among others, fair compensation in the event of expropriation, international arbitration of disputes between investors and the government and special tax incentives. Sale of up to 30% of production on the local market may be The Ministry of Industrialization and Trade (MIT) is the governmental authority primarily responsible for carrying out the provisions of the Foreign Investment Act of 1990 Decentralisation Policy of 1997 and the Decentralisation Enabling Act (Act No. The first part is dedicated to the administration of the act, to be New York and Geneva: UnitedNations. This information has been taken from the Namibia Investment Guide. The Court registers and issues licences to individuals. (2017). This is a new approach as the UNCTAD (2015) emphasises the creation of sustainable EPZs, which is underpinned by the new generation of investment policies that place socio-economic, environmental and governance development at the core of investment legislation. Jauch, H. (2002). The Minister may, with the consent, or on application, of the holder of a Certificate, as the case may be, amend a Certificate issued under this Act or transfer the Certificate to any other foreign national. Check for "Doing Business is a sheds to Compare the Business Regulation for Domestic Firms in 190 Economies. Resultantly, the legislation that accords LAs FDI facilitative functions is instrumental in shaping their scope and developmental experience with facilitating FDI. Openness To, and Restrictions Upon, Foreign Investment Policies Towards Foreign Direct Investment Limits on Foreign Control and Right to Private Ownership and Establishment Other Investment Policy Reviews Business Facilitation Outward Investment 2. the holder of a Certificate, or any person who acted on behalf of any applicant for a Certificate, is convicted of an offence under section 16 of this Act; it is established to the satisfaction of the Minister that a Certificate was issued in consequence of incorrect information supplied by the applicant, or a person who acted on behalf of an applicant for a Certificate; or, fails or neglects to implement the proposals forming part of the application for the Certificate, as set out in the Certificate; or. Are partnerships between foreign and domestic lawyers allowed? In H. Jauch, & D. Muchena (Eds. Windhoek: Labour Resource and Research Institute. A study by Larri (2000) suggests that Namibia is one of the countries in Africa that have directly involved LAs in the facilitation of FDIs owing to the provisions of the LAs Act (Act No. Twenty years of multi-level governance: Where does it come from? The Export Processing Zone (EPZ) was launched in 1996 Africas clothing and textile industry: The case of Ramatex in Namibia. investment conditions; equal treatment of foreign and local investors; Interview: Namibia is a natural hub for regional and international trade. How foreign direct investment promotes development: The case of the people's republic of China's inward and outward FDI. As observed with the investment of NPT, the establishment of the WBEPZMC within the Walvis Bay LA could be attributed to the success of this FDI. WebThis is an Act to make provision for the promotion of foreign investments in Namibia. Do these currently include legal services or are there plans to include them in future? Namibia is a member of the Southern African Development Community (SADC), the Southern African Customs Union (SACU) and a party to the US-SACU Trade, Investment, and Development Cooperative Agreement (TIDCA)and to the SACU-Mercosur agreement. Paris: OECD Publishing. If the law license only permits one to practice on a sub-national level, please explain the jurisdictional limits. 23 of 1992) as amended apply particularly to LAs that do not have a dedicated IFA, such as the WBEPZMC. Some of these incentives, that is, reduced rates on land use, water, electricity, waste management, construction of factory buildings, amongst others, were provided by the hosting LAs as per the EPZ Act (Act No. Furthermore, there is a dearth in the studies by Jauch (2006), Flatters & Elago (2008) and Enders (2013) on the impact of the policy and legislative framework on the scope and developmental experiences of LAs in facilitating FDI, particularly under Namibias EPZ regime. 9 of 1995) was passed into law with the intention of attracting manufacturing export oriented FDIs. Prospects and challenges for sustainable foreign direct investments in Namibia: A comparative exploration of Ramatex textiles Namibia and Ohorongo cement. This is in light of the mooted SEZ Bill that is replacing the EPZ Act (Act No. The passing of the Decentralisation Policy (1997) and the Decentralisation Enabling Act (Act No. 23 of 1992) as amended. currency. This is: consequences of insufficient decentralised functions of FDI facilitation in an MLG system. Abingdon and New York: Routledge. 9 of 1995) grants foreign investors an array of neo-liberal incentives and concessions (Republic of Namibia, 1995). Subscribe to our newsletter for updates and news. 9 of 2016). 3 SHENTON WAY Local authorities act (act no. Dressler, A. It similarly accords LAs with numerous powers, duties and functions such as those related to the development of the local economy (Republic of Namibia, 1992). This is the context in which the UNCTAD (2015) has argued for the reform or introduction of sustainable EPZs that prioritise the attraction of sustainable FDI for a sustainable development impact. enterprise. 9 of 1995), has seen the country being blacklisted by the European Union in 2017. To foster the synchronisation of investment laws and development, a new generation of investment policies emerged. (2000). WebThe Act provides for: liberal foreign investment conditions; equal treatment of foreign and local investors; openness of all sectors of the economy for foreign investment; full It is against this background that power, functions and duties are decentralised to LAs to drive the development agenda and service provision from a bottom-up perspective. (2018). LAs lack the development ascent when it comes to facilitating FDI. [17TH AUGUST 1990] 1. (1) This Act applies to all economic activity within Namibia or having an effect in Namibia, except - (a) collective bargaining activities or collective agreements negotiated or concluded in terms of the Labour Act, 1992 (Act No. This document is 80.5KB. The Minister may make regulations prescribing -. administration requirements. Are foreign lawyers from different jurisdictions treated differently as a result of any such agreements? home, host, international law), if so, what are they? 9 of 1995) is faced with numerous criticisms on the extent to which it is characterised by neo-liberal traits (Larri, 2000). Drawing from the divergent experiences of two Namibian LAs, Windhoek and Walvis Bay, this study makes use of the ancillary inferences made by Jauch (2006 & 2008), Flatters & Elago (2008) and Enders (2013) on the legislative inefficiencies that provided these two LAs with limited scope of facilitating EPZ FDI and the resultant lacklustre developmental experiences. 23 of 1992) as amended. Developing China: The remarkable impact of foreign direct investment.
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