Namibia’s maritime legislation stuck in another century

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Namibia’s maritime legislation stuck in another century
Namibia’s maritime legislation stuck in another century

Africa-Press – Namibia. Namibia’s maritime laws are outdated and could undermine the country’s offshore oil and gas ambitions, industry bodies and legal experts say.

This week, minister of works and transport Veikko Nekundi tabled notice in Parliament for Namibia to adopt the amended protocols of the Inter-Governmental Standing Committee on Shipping.

The 2006 instrument seeks to transform the regional body into a maritime organisation aligned with African Union frameworks.

If ratified, Namibia will gain voting rights in the organisation’s Assembly. Namibian ports and logistics firms will also access associate membership, allowing them to take part in regional freight negotiations and strategy development. This could strengthen Walvis Bay’s position as a logistics hub for landlocked neighbours.

At the same time, growing global interest in Namibia’s offshore oil sector has placed pressure on the country’s legal framework. United States ambassador John Giordano recently visited Walvis Bay with senior department of energy officials to assess investment opportunities in the offshore energy sector.

Knowledge Ipinge, founder of the Namibian Association of Offshore Oil and Gas Service Providers, said the US visit reflects increased interest in Namibia’s hydrocarbons.

The Windhoek Observer understands that South Korean shipbuilder Hanwha Ocean registered a Namibian subsidiary in March 2025 and is participating in a bid for floating production storage and offloading vessel contracts linked to TotalEnergies’ deepwater discoveries. Hanwha Ocean builds warships for the United States Navy.

Ipinge said the procurement process carries wider implications.

“These vessels are more than industrial assets. They are symbols of strategic alignment in a fractured global order,” he said.

He said US policymakers support cooperation with allied partners in maritime manufacturing, while Chinese state-owned companies remain competitive due to cost advantages and financing linked to the Belt and Road Initiative.

China recently imposed sanctions on Hanwha Ocean’s US-linked units threatening South Korea’s $150 billion shipbuilding investment in America, disrupting supply chains for materials and components critical to the partnership.

“For Namibia, the choice of contractor presents both opportunity and risk. Either direction, however, risks signalling strategic preference in an increasingly polarised environment,” he added.

Ipinge said Namibia’s maritime legislation, much of it inherited from the colonial era, is not suited to these developments. He said a submission to the government criticised the country’s admiralty regime as outdated and unworkable.

Namibia still applies colonial-era rules that limit the types of maritime claims that can be heard in the High Court. Industry players say this creates legal uncertainty for ship repair yards and offshore supply contractors.

The association has urged lawmakers to fast-track the Namibian Maritime Authority Bill, first drafted in 2013. The bill would create a dedicated regulator for safety, security, environmental protection and ship registration. These functions are currently spread across units within the Directorate of Maritime Affairs.

Legal practitioner Daniel Malherbe said the government must urgently amend the Admiralty Act from the 1800s.

“The Admiralty Act is 180 years old. It is an 1840 and 1861 act. Some maritime and marine acts are completely outdated,” Malherbe said.

He also called for the Merchant Shipping Act of 1951 to be updated, saying it affects training standards in the shipping industry.

The association proposes replacing the 1951 Act with a new Namibian Maritime Act that would bring all maritime laws under one framework and align the country with international conventions such as UNCLOS, SOLAS and the Maritime Labour Convention.

It also proposes formal cabotage rules to reserve domestic cargo transport for Namibian-flagged or majority-owned vessels to promote local jobs and reduce reliance on foreign operators.

Industry stakeholders say regional integration through ISCOS will not solve domestic legal gaps. With oil production expected within five years, they say Namibia must reform its maritime laws to support investment and protect national interests.

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