A strong legal framework for midstream infrastructure is essential to ensure that Namibia maximizes economic benefits, attracts investment, and builds a sustainable energy industry
SANDTON, South Africa, June 20, 2025/APO Group/ --
By Rachel Mushabati, Senior Associate Attorney & Country Head – CLG Namibia (www.CLGGlobal.com)

From Discovery to Delivery: Building a Legal Framework for Namibia’s Midstream Infrastructure (by Rachel Mushabati)
Namibia’s recent offshore oil discoveries mark a pivotal moment in the country’s energy sector. With major players such as Shell, TotalEnergies, QatarEnergy, and Galp uncovering significant reserves, Namibia is poised to become a key oil producer. However, while exploration and production activities have gained momentum, the midstream sector; involving transportation, storage, and refining of petroleum, remains underdeveloped.
A strong legal framework for midstream infrastructure is essential to ensure that Namibia maximizes economic benefits, attracts investment, and builds a sustainable energy industry. CLG Legal and Business Advisory, with its extensive advisory experience across Africa, is uniquely positioned to support this transition. CLG has advised on midstream regulatory frameworks, infrastructure structuring, and investment promotion strategies in various jurisdictions, and brings this expertise to the Namibian context.
Understanding Midstream Infrastructure and Its Importance
Midstream infrastructure serves as the critical link between oil extraction and the end consumer. This includes pipelines, refineries, storage facilities, and specialized port infrastructure that facilitate the transportation of crude oil and natural gas. Without adequate midstream infrastructure, Namibia risks becoming an exporter of raw crude without capturing additional value through processing and distribution. A robust midstream sector can boost job creation, industrial development, and energy security, making it a strategic national priority.
Market studies from other African producers have shown that well-developed midstream infrastructure can contribute up to 30% more in local value addition compared to direct crude exports.[1] In Ghana, for instance, domestic refining and pipeline infrastructure contributed significantly to its GDP growth in the petroleum sector between 2016–2022. Namibia has the opportunity to tap into similar economic potential.[2]
Existing Legal Framework and Gaps
Namibia’s petroleum sector is primarily governed by the Petroleum (Exploration and Production) Act 2 of 1991 and the Petroleum Products and Energy Act 13 of 1990. These laws focus largely on upstream activities and the regulation of downstream petroleum products. However, there is no dedicated midstream regulatory framework. The absence of clear midstream regulations means there is little guidance on ownership structures, investment incentives, and operational guidelines for pipelines, storage, and refining facilities.
For example, Nigeria’s midstream sector prior to the Petroleum Industry Act (2021) faced significant bottlenecks due to the absence of a clear regulatory framework, particularly regarding third-party access and tariff setting for pipeline infrastructure. These issues led to investor reluctance and underinvestment, which were only addressed after the establishment of the Nigerian Midstream and Downstream Petroleum Regulatory Authority (Nigeria Petroleum Industry Act, 2021).
Lessons from Other Oil-Producing Countries
Namibia can draw inspiration from countries that have successfully developed midstream infrastructure through effective regulation. Norway, for example, has established a robust midstream legal framework that ensures state participation in pipelines and refineries while promoting private investment.[3] Ghana has a dedicated Petroleum Midstream Regulatory Authority that oversees infrastructure development and ensures compliance with environmental and safety standards. Similarly, Nigeria’s Petroleum Industry Act (2021) introduced the Nigerian Midstream and Downstream Petroleum Regulatory Authority, which provides clear guidelines on pipeline ownership and operations.
The Role of Key Stakeholders in Strengthening Namibia’s Legal Framework
To unlock the full potential of the midstream sector, coordinated action is required among various stakeholders:
- Government Ministries and Regulators: Responsible for drafting legislation, setting environmental and safety standards, and issuing licenses.
- Private Sector and Investors: Bring in capital and technical expertise, while also needing legal certainty to invest confidently.
- State-Owned Entities: Can serve as infrastructure operators and strategic partners in public-private partnerships.
- Civil Society and Communities: Essential for ensuring environmental accountability and social license to operate.
- Legal Advisory Firms: Provide technical assistance in drafting laws, structuring transactions, and navigating policy reform.
Strengthening Namibia’s Midstream Legal Framework
To address the existing gaps, Namibia must develop a comprehensive legal framework that clearly defines the governance of midstream activities. A dedicated Midstream Act would be a crucial first step, providing legal certainty on pipeline infrastructure, refineries, storage, and transportation. Encouraging public-private partnerships can drive midstream development while ensuring local participation. Establishing an independent regulatory authority will help enhance transparency, streamline approvals, and enforce compliance.
Additionally, Namibia should implement policies that prioritize local employment and skills transfer, ensuring that midstream investors contribute to national workforce development. Environmental and safety standards must also be strengthened to mitigate risks associated with pipeline integrity, spill prevention, and emergency response. To further attract investors, tax breaks, duty exemptions, and streamlined licensing processes should be introduced to make Namibia a more competitive destination for midstream infrastructure development.
Conclusion
For Namibia to fully capitalize on its oil discoveries, it must establish a strong midstream legal framework that facilitates the efficient transportation, storage, and processing of petroleum resources. Without this, the country risks losing significant economic value and remaining dependent on crude exports.
By adopting best practices from other oil-producing nations and implementing strategic legal reforms, Namibia can create a thriving midstream sector that benefits both investors and citizens alike. CLG stands ready to support this transformation, leveraging its pan-African expertise in midstream regulation, infrastructure development, and legal advisory. Our team has been instrumental in shaping midstream legal regimes across West and Central Africa, and we are committed to helping Namibia build a regulatory foundation that supports sustainable growth and long-term prosperity.
[1] Ruben, R., Kuijpers, R., & Dijkxhoorn, Y. (2022). Mobilizing the Midstream for Supporting Smallholder Intensification. Land, 11(12), 2319. https://apo-opa.co/4ngI2bu
[2] Oxford Business Group. “Ghana's energy production targets and exploration attract investment”. Retrieved from https://apo-opa.co/4kUZQHu.
[3] Norwegian Petroleum Directorate (2021). 'Midstream Regulatory Framework and Investment Guidelines'.
Distributed by APO Group on behalf of CLG.
Already the beaten ALshabab is getting strong in taking over from the MSF.
Cheers.
MSF FORCED TO CLOSE ALL MEDICAL PROGRAMMES IN SOMALIA :
PRESS RELEASE:
NAIROBI/GENEVA, August 14, 2013 — After working continuously in Somalia since 1991, the international medical humanitarian organisation Médecins Sans Frontières (MSF) today announced the closure of all its programmes in Somalia, the result of extreme attacks on its staff in an environment where armed groups and civilian leaders increasingly support, tolerate, or condone the killing, assaulting, and abducting of humanitarian aid workers.
In some cases, the same actors—particularly but not exclusively in south central Somalia—with whom MSF must negotiate minimum guarantees to respect its medical humanitarian mission, have played a role in the abuses against MSF staff, either through direct involvement or tacit approval. Their actions and tolerance of this environment effectively cuts off hundreds of thousands of Somali civilians from humanitarian aid, MSF said.
Over its 22-year history in Somalia, MSF has negotiated with armed actors and authorities on all sides. The exceptional humanitarian needs in the country have pushed the organisation and its staff to tolerate unparalleled levels of risk – much of it borne by MSF’s Somali colleagues — and to accept serious compromises to its operational principles of independence and impartiality.
The most recent incidents include the brutal killing of two MSF staff in Mogadishu in December 2011 and the subsequent early release of the convicted killer; and the violent abduction of two staff in the Dadaab refugee camps in Kenya that ended only last month after a 21-month captivity in south central Somalia. These two incidents are just the latest in a series of extreme abuses. Fourteen other MSF staff members have been killed, and the organisation has experienced dozens of attacks on its staff, ambulances, and medical facilities since 1991.
“In choosing to kill, attack, and abduct humanitarian aid workers, these armed groups, and the civilian authorities who tolerate their actions, have sealed the fate of countless lives in Somalia,” said Dr. Unni Karunakara, MSF’s international president. “We are ending our programmes in Somalia because the situation in the country has created an untenable imbalance between the risks and compromises our staff must make, and our ability to provide assistance to the Somali people.”
Beyond the killings, abductions, and abuses against its staff, operating in Somalia meant MSF had to take the exceptional measure of utilizing armed guards, which it does not do in any other country, and to tolerate extreme limits on its ability to independently assess and respond to the needs of the population.
Humanitarian action requires a minimum level of recognition of the value of medical humanitarian work, and therefore the acceptance by all warring parties and communities to allow the provision of medical assistance, as well as the operational principles of independence and impartiality. Furthermore, these actors must demonstrate the capacity and willingness to uphold negotiated minimum security guarantees for patients and staff. This acceptance, always fragile in conflict zones, no longer exists in Somalia today.
“Ultimately, civilians in Somalia will pay the highest cost,” said Dr. Karunakara. “Much of the Somali population has never known the country without war or famine. Already receiving far less assistance than is needed, the armed groups’ targeting of humanitarian aid and civilians leaders’ tolerance of these abuses has effectively taken away what little access to medical care is available to the Somali people.”
MSF will be closing its medical programmes across Somalia, including in the capital Mogadishu and the suburbs of Afgooye and Daynille, as well as in Balad, Dinsor, Galkayo, Jilib, Jowhar, Kismayo, Marere, and Burao. More than 1,500 staff provided a range of services, including free primary health care, malnutrition treatment, maternal health, surgery, epidemic response, immunization campaigns, water, and relief supplies. In 2012 alone, MSF teams provided more than 624,000 medical consultations, admitted 41,100 patients to hospitals, cared for 30,090 malnourished children, vaccinated 58,620 people, and delivered 7,300 babies.
Throughout its 22-year history in Somalia, MSF staff have known intimately just how great the needs are of the Somali population. While MSF remains committed to addressing these tremendous needs through medical care and humanitarian assistance, all actors in Somalia must demonstrate through their actions a willingness and ability to facilitate the provision of humanitarian assistance to the Somali people and respect for the safety of the humanitarian aid workers who risk their lives to care for them.
-ENDS-
–
Heather Pagano
Médecins Sans Frontières/Doctors Without Borders (MSF)
Regional Information Officer (Kenya, Sudan, South Sudan, Somalia, Ethiopia)
Chaka Place, 3rd Floor
Tel: +254 (0) 722 513 981
msf-nairobi-press@msf.org
Source: http://www.jubbalandmedia.com
So sad but this is why Somaliland is so special and needs to be recognized.
It's always the case where a viod is left something else fills the gab. MSF has been doing a great job but it seems they haven't distinguished between where the risk is more likely to materialise and where it's not.
Anyway, you cannot be holly dependent on outside help and not protect those who are involved in delivering such a vital services to people.
They always concentrate where they are not wanted, thus raising suspicions about their presence. Look at the way they are associating Marere with Burao.
These people are just doing a disservice and nobody will miss their lies; good riddance and dont come back. I better work with people who respect me than those who call me names that I dont deserve like Zoomalia.
You must be diluted Marere have more value then Burao in terms of economy, Marere use to have first sugar factory in Somalia rich soil abandon agricultural land.
AID agencies usually work where needed the most stable can look after themselves understood.
Stable areas………..
MSF is a good humanitarian organization that delivers healing, I guess, but it can't be wholly free from the misguided macro management of the so called International Community who decided to their foolishness that Somalia as a whole is one hellhole entity and no distinction at all or merit.
Ok that is fine with me, but Somaliland’s response should be in this instance to MSF must be swift and like this, “IF YOU LEAVE SOMALILAND ON YOUR OWN FOR TROUBLES IT MET IN SOUTHERN SOMALIA, IT WOULD NOT COME BACK TO SOMALILAND EVER AGAIN PERIOD!" Somaliland worked so hard to maintain the safety and security of all people in its soil, citizen or otherwise.
I wish I knew that ignorant policy makers, who failed to recognize the effort and the hard work of more than 30,000 securities personal in Somaliland.
If I knew I would have tell him to resign for not causing further suffering to humanity.
Long live Somaliland as always!