Threats to drag govt to court over green hydrogen secrecy

Experts have called for a summary of the feasibility and implementation agreement between Hyphen Hydrogen Energy and government, with Popular Democratic Movement (PDM) leader McHenry Venaani threatening court action.

Commentators say there is a legitimate expectation for more information on the N$192 billion deal, after even members of parliament said they were in the dark about its basic contents.

Venaani has threatened to approach the court for judicial scrutiny.

“Can you imagine, I am the opposition leader of the country and I have not seen an iota of structure of the deal? I was not even brought into confidence of what is happening. All we hear is downstream and upstream – people lining up their families for that project. International trade law is an area that we know and have studied,” he said.

Last week, Hyphen’s CEO Marco Raffinetti said making public this agreement with government would be to the detriment of Namibia’s competitive advantage, pointing out intellectual property rights as another reason for the secrecy.

However, some have argued that they do not necessarily seek the agreement signed between the two parties, but rather its general framework.

One official commented this week that the responsibility to reveal more details and the structure of the deal lies with government rather than with Hyphen.

'Ask him'

Hydrogen council chairperson Obeth Kandjoze recently told Namibian Sun during a briefing at State House that “such kinds of agreements are not just distributed to the media. It becomes the property of the attorney-general. You must ask him”.

When contacted on the matter a month ago, Attorney-General Festus Mbandeka said his office only provides advice to clients, government offices, ministries and agencies.

“The decision on whether and/or how and/or with whom to share the actual documents does not lie with this office, but with the client institutions who are responsible for their management and execution,” he said.

The green hydrogen project falls under State House. This leaves the parliamentary standing committee on natural resources without oversight powers over the country’s largest investment in history.

Bad deals

Venaani said Africa is littered with examples of bad deals struck with governments in secret, and that is why all African natural resources are looted and citizens languish in poverty despite vast deposits of minerals.

He added that every cent spent by the Namibian government must be accounted for and emphasised that transparency is important when it comes to making international trade agreements.

“It is very disheartening and disappointing for someone from Europe to argue they can make deals with Africa and spend so much tax money and they cannot account for that.

“President Hage Geingob promised in his maiden speech that he doesn’t want secret deals; he doesn’t want people to run to State House. Why has he changed now? Why has he constructed a deal secretly, avoiding scrutiny, avoiding compliance with his own national constitution?” the PDM leader wanted to know.

“For as long as any cent is spent by the people of this country, there must be accountability,” he added.

'Shoved down our throats'

Eben de Klerk of ISG Risk Services said while it is acknowledged that some aspects of agreements must remain confidential, there is a legitimate expectation for key terms to be shared with the public in a summarised form.

“By providing an overview of the agreement that ensures transparency without revealing sensitive information, the government can demonstrate its commitment to openness and accountability,” he said.

Economist Omu Kakuhuja-Matundu agreed that revealing the contents of the contract might compromise Namibia's competitiveness, but expressed great concern over the secrecy with which the project has been handled.

“It could be true, as others could have offered Hyphen a better deal or improve on what Hyphen is planning to do. Hyphen itself could have perhaps been out-competed by other firms offering a better deal to Namibia.

“My main concern with the secrecy in which green hydrogen is shrouded is that we have seen so many natural resource contracts which were to the detriment of the host country.

“Hyphen has been shoved down our throats by State House, and we have to accept it,” he said.

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