Cabinet last week said that it has noted with dismay the unlawful conduct of eight persons who are casting invariably in “activists” moulds, creating platforms of structural distrust among various business groupings, notably local versus foreign business owners and fermenting a state of mayhem and disruption of public order.
In a statement issued by Dr. Peya Mushelenga, Minister of Information and Communication Technology, Cabinet further took note of recent events concerning business regulation in Namibia.
“This is despite, various interventions from Government entities dealing with business regulation in gear, mostly in press releases and reaching out to the populace in an effort to ensure enhanced information,” the statement reads.
“Cabinet would like to assure the Namibian public that business regulation is aimed at fostering a coherent and optimal business environment, to ensure and improve compliance as well as positive outcomes. Business regulation should therefore never be seen as an exercise focused solely on detecting violators and having a punitive bent. Cabinet condemns in the strongest terms the activities of inciting the public to resort to riot, closing down business premises, outward breaking of the laws that govern this nation, creating inherent confusion and mayhem. Cabinet further reiterates its call for all business owners, whether local or foreign, to adhere to the governing and operational legislation of the Republic of Namibia with no exception. Accordingly, the Namibian Government will not tolerate any businessperson, whether local or foreign, who will disregard the laws governing our Republic,” Mushelenga further states in the statement.
In the statement, Cabinet highlights that it wishes to set the record straight on the processes and statutes governing local and foreign businesses and their subsequent activities within the Republic of Namibia, for the understanding and providing of clarity to the citizens of this nation.
“Namibia is a country governed by the rule of law and has put in place processes, systems and institutions. Business regulation in Namibia is served under the mandates of the Ministry of Industrialisation & Trade (MIT), Ministry of Labour, Industrial Relations and Employment Creation (MLIREC) and the Ministry of Finance (MoF), as well as their agencies that ensure regulatory monitoring and supervision.
“In terms of the laws regulating business registration, all local and external companies established in Namibia, are registered in terms of applicable laws under the Business and Intellectual Property Agency (BIPA) Act, 2016 (Act No. 8 of 2016). BIPA equally grants, protects and administers intellectual property (IP) rights in Namibia and will continue to engage enforcement agencies to ensure that IP rights of both Namibian and foreign right holders are protected and enforced. Cabinet reiterates that all persons, foreign and local should adhere to business laws and non-adherence should be reported to compliance enforcement officers.
“The MLIREC through Labour Inspectors has adequate powers as provided in the law to ensure adherence to workplace compliance optimisation. Such powers may range from the issuance of Compliance Order and even the Closing Order of all working activities in the event of extreme non-adherence to set laws and regulations. These include basic conditions of employment, health, safety and welfare of employees as provided for in the law.
“There are other business regulations that ensure technical inspections such as food safety and environmental protection that also aims at ensuring compliance to safeguard the public good. These tends to be fragmented among many other governmental institutions as per their mandate,” the statement broadly reads further stating: “Cabinet further wishes to highlight that the Ministry of Finance and its agency, the Namibia Revenue Authority (NamRA), do not only ensure the administration and management of the national tax management system, but also regulate border issues such as counterfeit consumer goods. Counterfeit consumer goods are goods, often of inferior quality, made or sold under another’s brand without the brand owner’s authorisation. Traders in such goods infringe on either the trademark, patent or copyright of the brand owner by passing off its goods as made by the brand owner. The destruction of counterfeits is a routine regulatory activity and it is not an attempt to target local businesses in both informal and formal sectors of the economy but is applicable to all businesses, whether for local of foreign persons.”