Political experts and opposition members of parliament (MPs) have expressed concern about Cabinet ministers rushing to table critical bills in parliament for amendment - seemingly to avoid Namibia being greylisted by the Financial Action Task Force (FATF).
Greylisting means that a country is under increased monitoring by the FATF due to certain deficiencies in combating money laundering and the financing of terrorism, among others.
The Bank of Namibia has cautioned that greylisting would have a negative impact on Namibia's financial system, impacting foreign direct investment, capital flows, and rising compliance costs.
Members of the executive have tabled urgent bills in the National Assembly (NA) that need to be passed by parliament by 30 June.
These include the police amendment bill, the criminal procedure amendment bill, the prevention of organised crime bill, the extradition amendment bill, and the international cooperation in criminal matters amendment bill.
Others are the companies amendment bill, the close corporation amendment bill, the virtual assets bill, and the prevention and combating of terrorist and proliferation activities amendment bill.
The parliament is also expected to consider the payment system management bill, which was expected for tabling, while the banking institution bill and trust bill were with legal drafters for proofreading.
PEER REVIEW
In September 2022, Namibia underwent its second peer review, a mutual evaluation by the Eastern and Southern African Anti-Money Laundering Group and FATF, which found the country needed to strengthen its laws.
This is to fully comply with the United Nations Convention on Anti-Money Laundering and Combating the Financing of Terrorism and Proliferation.
Namibia was given 12 months to comply by October 2023, or risk being greylisted by the FATF.
The NA is now in a frenzy to adopt close to 12 bills before the parliament goes on a two-month break on 13 July to reopen in September.
Speaker Peter Katjavivi last week reminded members of parliament that they were running out of time to debate and vote on motions and bills.
According to the provisions of Rule 24(b) of parliamentary standing rules and orders, all businesses undisposed of on the last sitting day of the session will lapse, he said.
While tabling the financial intelligence amendment bill, minister of finance and public enterprises Iipumbu Shiimi said the bill is among the laws that need to be amended for Namibia to avoid being greylisted by the FATF.
'DISRESPECTFUL'
Opposition MPs have accused the executive of being disrespectful by pushing crucial laws through the parliament and expecting them to be rubber-stamped.
"The Cabinet knew already since last year that these bills were important. They knew the deadline was 30 June 2023, but because they have such low regard for the parliament, they took all their time to bring these bills," Joseph Kauandenge of the National Unity Democratic Organisation (Nudo) said.
Kauandenge reminded prime minister Saara Kuugongelwa-Amadhila, who is the head of the executive in the parliament, that the legislature "cannot be used by the executive as a mere rubber-stamp organ of state".
He said bills like the criminal procedure bill, which seeks to amend the Criminal Procedure Act of 1977, contain critical proposed amendments.
". . . that need thorough interrogation and research for one to be able to make meaningful contributions - not a mere approval," he said.
Kauandenge's sentiments were echoed by Kalimbo Iipumbu of the Namibian Economic Freedom Fighters, who called the situation troubling.
"The whole issue here is that we are very disturbed by the syndrome where the ministers would like members of parliament just to run through bills there without proper scrutiny," he said.
With regard to the bills related to reforms required by the FATF, Iipumbu said MPs should not be blamed for rushing the legislation.
"Because if we don't do it in those three to four days, the country would be greylisted. But remember, these bills were brought forth last year in September.
"So it was the duty of the executives to run around to make sure we already had these bills on time, and then we could run through them," he said.
Popular Democratic Movement MP Inna Hengari said: "President Hage Geingob at the opening of parliament already listed the bills to be tabled for the financial year."
She said the current situation gives MPs inefficient time to study, research, and scrutinise laws before they are agreed upon.
"Geingob's administration proves yet again the absence of a legislative agenda. Much more worrying is the president's nonchalant attitude towards a non-performing Cabinet, leaving very little to be admired and emulated from the country's head," Hengari said.
'NO ROOM FOR DEBATE'
Political analyst Ndumba Kamwanyah says rushed bills leave no room for proper discussion.
"What happens is that when they are rushed in, you don't have a proper dialogue and debate to make sure they are of quality," he says.
"I don't know if it is deliberately to make sure that no discussion take place, or if it is an issue of competence and other factors."
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The executive director of the Institute of Public Policy Research, Graham Hopwood, says there is an urgent need to pass these bills, but it should not happen without proper scrutiny and debate.
"If necessary, the parliament should extend its sittings or even sit in the evenings to ensure these bills are properly debated," he says.
Hopwood says bills related to reforms required by the FATF are to ensure the country's laws are up to date in terms of preventing money laundering and terrorism financing.
He says if these bills are not passed within the next couple of months, Namibia could be greylisted by the FATF, which could be damaging for the national economy.
According to Legal Assistance Centre director Toni Hancox, the lines between the legislative and executive branches are so blurred that it's critical to consider them and contemplate the repercussions.
"One has to remember the parliament and so on are not necessarily lawyers. I know that the legal team will go through it beforehand, but you know, they need to be really sure that what is in the law is what they want it to be, and that cannot just be pushed through quickly," she says.
Hancox says ongoing reports of an empty parliament demonstrate that additional input is needed.
