BIPA Annual Report 2018-2019
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- Company strategy documents
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Annual Report 2018/19 | 1
Anual Report
2018/19
Promoting and Protecting
Entrepreneurship
and Innovation
Annual Report 2018/19 |2
INDEX
1. Acronyms and Abbreviations 4
2. Foreword by the Chairperson 6
3. Statement by the Chief Executive Officer 8
4. Organisational Overview 9
5. Legislative & other Mandates 13
6. Board of Directors 14
7. Management & Support Structure 17
8. Operational & Strategic Overview 19
9. Audited Financial Statements 61
Annual Report Highlights
Ip training Aripo Japan Trust
LIST OF ACRONYMS
& ABBREVIATIONS
AA Affirmative Action
ARIPO African Regional Intellectual Property Organisation
BIPA Business and Intellectual Property Authority
BR Business Registrations
BRS Business Registration Services
CBD Central Business District
CC Close Corporation
CEO Chief Executive Officer
COBIT Control Objectives for Information and Related Technologies
CRM Customer Relationship Management
DIDESS Directorate of Industrial Development Enterprise Support System
ERP Enterprise Resource Planning
FIC Financial Intelligence Centre of Namibia
FRAC Finance, Risk and Audit Committee
FY Financial Year
GAAP General Accepted Accounting Principles
GIZ Deutsche Gesellschaft für Internationale Zusammenarbeit
(German Society/Agency for International Cooperation)
GLEC Governance, Legal and Ethics Committee
HRD Human Resource Development
HRRC Human Resources and Remuneration Committee
ICSF Integrated Client Service Facility
ICRS Integrated Company Registration System
IP Intellectual Property
IPAS Industrial Property Administration System
IPPR Institute of Public Policy Research
IPR Intellectual Property Rights
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ICAN Institute of Chartered Accountants of Namibia
ICT Information and Communication Technologies
IT Information Technology
IUM International University of Management
JPO Japan Patent Office
KPA Key Performance Areas
MPE Ministry of Public Enterprises
MITSMED Ministry of Industrialisation, Trade and SME Development
NAMPOL Namibian Police Force
NIPA Namibia Institute of Professional Accountants
N$ Namibia Dollar
NCRST National Commission on Research, Science and Technology
PCT Patent Cooperation Treaty
PE Public Enterprise
PPE Property, Plant and Equipment
PVP Plant Variety Protection
ROI Return on Investment
SME Small and medium enterprise
SMME Small, medium, and micro enterprises
SOE State-Owned Enterprise
SPPC Strategic Planning and Projects Committee
TISC Technical Innovation Support Centres
UNAM University of Namibia
UNESCO United Nations Educational, Scientific and Cultural Organization
UPOV Union for the Protection of New Varieties of Plants
WIPO World Intellectual Property Organisation
01.
FOREWORD
BY THE CHAIRMAN
The Business and Intellectual Property Authority
(BIPA) Board of Directors hereby submits the BIPA
Annual Report and the audited financial statements
including a statement of income and expenditure, and
the balance sheet for the period 1 April 2018 to 31
March 2019.
During the period under review, the institution’s
activities were governed by the corporate strategic
goals of ensuring financial sustainability, promoting
stakeholder relations, facilitating operational
excellence and developing human capital. We are
proud that, in line with the corporate level assessment
outcome, we exceeded the target benchmark of 4/5
and achieved a 70% success rate of strategic targets
implemented.
It became evident that a revision of the corporate
strategy of 2017-2022 would be required as the
Namibian economic environment weakened during
the period under review. This resulted in government
being compelled to implement stringent austerity
measures with the consequence that funding to state-
owned enterprises (SOEs) was significantly reduced. It
goes without saying that this had a major impact on
BIPA. The board, acting in its role of setting strategy
from the top, provided visionary leadership to the
organization to ensure it acted in accordance with
the purpose and values, and the strategic plan was
accordingly revised. The amended version of the
Strategic Plan will be implemented for the period 1
April 2019 to 31 March 2022.
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Despite the challenges, it is encouraging that the financial Looking to the future, the Board will focus its leadership
situation of the Authority remains stable due to our on activities that will positively impact the Namibian
disciplined approach to capital allocation. This is evident business landscape. BIPA’s role in formulating strategies
from the fact that the core revenues increased by 62% and plans to stimulate economic growth and reduce
compared to the financial year 2017/2019. While the total unemployment in the country is of critical importance
asset base grew by 1.8%, property, plant and equipment and cannot be over-emphasized. Our short-term focus
(PPE) grew by 15.7%. It is significant that despite a drastic will concentrate on step changes like improving customer-
reduction in government funding of 75.7% during the service delivery, such as the launch of the Integrated Client
year, we were able to break-even. Service Facility (ICSF), decentralization of our operations,
and ensuring data integrity. We will launch ambitious
I would like to congratulate BIPA’s management for projects with the goal of accelerating economic growth
successfully hosting the 42nd Session of the Administrative such as increasing the number of businesses registered,
Council of the African Regional Intellectual Property and driving innovation and entrepreneurship to register
Organization (ARIPO) in Windhoek, Namibia, from 19- more patents, trademarks and copyright protection.
23 November 2018. The event provided an exceptional
platform to not only showcase Namibia’s capacity in the Our challenges will not miraculously disappear in the new
area of intellectual property rights (IPR) to the international financial year but we have the knowledge and fortitude
community, but also to build capacity and awareness of to navigate these. Previous years bear testament to the
IPR in the country. We hosted high-level international courage and ability of the dedicated and competent team
delegates from all over the world; facilitated the further of technical and administrative staff who are focused
development of effective plant variety protection systems on achieving our purpose and delivering value to the
to address food security and climate change; and built Namibian people in the long term.
on our alliances with WIPO, ARIPO, UPOV and the Japan
Patent Office. We are poised for the twenty first century and will
continue to perform and improve people’s lives on our
On business registrations, our operations were challenged journey to becoming one of Namibia’s Public Enterprises
when government unexpectedly extended applications success stories.
for fishing rights in May 2018. Linked to this, was a
requirement that applicants should own a registered _____________________
Proprietary Limited company. This tested the resilience Riundja Ali Kaakunga (Othy)
and capability of our human resources department, as Chairperson of the Board
well as our business systems. We are pleased to report
that, guided by our resolve, we were able to achieve our
common purpose and successfully realign our processes
to accommodate the influx of applications.
02.
STATEMENT
BY THE CHIEF
EXECUTIVE OFFICER
The real compet-
itive advantage
in any business
is one word only,
which is “people”.
-- Kamil Toume,
“
writer and thought
leader.
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I am honoured to have been part of BIPA’s remarkable lacked sufficient parking. Our IT department seamlessly
journey during its short lifetime. The concluding of managed the relocation of our equipment and systems
another financial year provides the opportunity to reflect with little disruption to our operations, a testament of the
on both the positive and negative events that crossed our competence and commitment of that department.
paths whilst pursuing improved service delivery to my
fellow Namibians. I also want to highlight the contribution of the Department
for Intellectual Property Rights (IPR), who managed
Kamil Toume, writer and thought leader, says that the real to significantly increase the number of stakeholder
competitive advantage in any business is people. To this engagements. The value of IP in driving economic growth
extent, I want to acknowledge every person that played a is immense and holds great promise, and yet it is not well-
part in contributing to BIPAs success during the past year. understood. IP plays an important role in an increasingly
broad range of areas, ranging from the internet to
I commend the chairperson of the board and every board healthcare, to all aspects of science and technology,
member who, through the role of setting the leadership literature and the arts. We are encouraged that the
tone from the top, strategically guided the institution Namibian government has identified that IP can catalyse
on the journey to fulfilling its purpose. Executive economic growth through the creation of distinctive and
Management displayed unwavering commitment to unique value in products and services. Competitiveness
delivering on the strategic intent and realised value which is an essential element for survival in the global village,
moved the authority forward. In turn, every executive and IP protection is a tool through which competitive
manager oversaw a team who effectively and efficiently advantage is enhanced. Improved knowledge of IP is thus
ensured that clients were placed at the centre of the vital to BIPA’s operations and Namibia’s prosperity.
institution and addressed their concerns. We were able to
achieve our common purpose through our people whose To profile the value of IP, we engaged stakeholders on
efforts brought life to BIPA and will form the driving force numerous platforms, notably during the commemoration
that will ensure the viable existence of our organisation. of IP Week in April 2018. During this period a series of
consultative and capacity-enhancing workshops for legal
I also acknowledge another group of ‘people’ without practitioners, law enforcers, academics and affected
whom BIPA would not exist – our clients. As management, stakeholders on the protection of IPRs in Namibia were
we are intensely aware of the challenges that our clients arranged. During June 2018, BIPA hosted a Roving Seminar
experience, especially regarding the ease-of-doing- in Windhoek, with the aim of enhancing IP awareness
business in Namibia. We acknowledge that there is in Academic and Research Institutions. In November
significant scope to improve our level of service and 2018, BIPA was responsible for the hosting of the 42nd
commit to improving our systems and processes to meet Session of ARIPO in Windhoek, which attracted 130
the needs of the information age and thereby benefit our delegates from Africa and the international community.
clients. We ended the year on a high note when, in March 2019,
we established the TISC Network together with Namibia’s
To better serve our clients, we relocated our operation prominent higher education institutions. We also hosted
from the centre of town to the Northern Industrial area regular consultation meetings with stakeholders on the
in Windhoek. Our previous location was cramped and implementation of the Industrial Property Act of 2012.
BUSINESS REGISTRATIONS optimal returns and the recruitment of staff was thus
The Department for Business Registrations (BR) more restricted to the filling of the most urgent vacancies in line
than doubled the number of transactions that were with efforts to manage spending more stringently. BIPA
processed in this financial period. This is indicative furthermore submitted the latest AA Report and we will
of Namibia’s resilient economy and underscores the continue to maintain our compliance record.
need for BIPA to enhance its processes and systems
through technology. One such way is to enable clients As we position BIPA for the future, management will
to register their businesses on-line and to achieve this, continue to remain resolutely disciplined to finetuning
BIPA, together with the Ministry of Industrialisation, the balance to fulfil customer expectations and managing
Trade and SME Development (MITSMED), commenced our budget. We will realise even greater value by
the development of the Integrated Client Service Facility continuing to deliver results over the long term by
(ICSF). We aim to launch this platform in the new financial focusing on honest and transparent engagement with
year. I also want to highlight BIPA’s continuous efforts clients and stakeholders, improving our communication,
to ensuring effective dialogue with clients and other and increasing awareness and education.
stakeholders, especially the platform that we created in
March 2019 for consultations with business consultants. In conclusion, I thank our Ministry for their continued
The team furthermore provided training to entrepreneurs support and guidance. We re-pledge ourselves to creating
on available platforms and utilised the mass media to a high-performance culture within BIPA to improve the
communicate on relevant issues. business environment for all Namibian entrepreneurs and
business owners. This is our duty and we will be true to it.
On an operational level, BIPA continued to cautiously
increase employee numbers from 92 at the end of the _______________
2017/18 financial year to 111 in 2018/19. Our financial Selma Ambunda
resources are always allocated to where they can deliver Acting Chief Executive Officer
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03.
ORGANISATIONAL
OVERVIEW
1.1. BIPA’s Purpose facilitate, streamline, simplify and harmonise the business
and industrial property procedures, registrations,
The purpose of BIPA is to regulate and administer the filings and searches to expedite economic growth and
registration of business and industrial property in terms development and to enhance the efficient exchange and
of applicable legislation with the objective of facilitating distribution of information. Protection of intellectual
economic growth and development, promoting property rights encourages innovative economies,
investment and creating employment through enhancing enriches individuals and companies, preserves health,
the efficient protection of business and intellectual and saves lives.
property in Namibia.
BIPA is also tasked with the registration of other forms
Concomitantly, BIPA is mandated to promote the conduct of companies including Associations not for Gain
and use of business and intellectual property in Namibia; registered under Section 21 of the Companies Act No.
28 of 2004, close corporations and defensive names. 1.4. Values
This function is not only a vital enabler of a stable and Values are important building blocks to create a high
thriving economy, but also contributes to government’s performance and innovative culture for our people. This
greater developmental goals of poverty reduction, the creates a common and shared purpose and encourages
alleviation of unemployment and bridging the inequality the active participation of each staff member to live our
gap amongst Namibians. values through their behaviour and decision making.
Against this background, the objectives of BIPA as outlined Our values are:
in section 2 of the Act are: • Accountability. We are answerable for our decisions
and actions.
• To foster economic growth and development, and • Customer Orientation. We provide customer-centric,
promote investment and employment and the efficient superior service all the time.
protection and administration of business and intellectual • Teamwork. We support each other to achieve our
property in Namibia; objectives.
• Integrity. We uphold the highest standards of ethical
• To consolidate the various offices and officials involved behaviour.
in the registration and administration of business and • Innovation. We innovate to provide a better service to
intellectual property; all
• To facilitate and promote the efficient and effective 1.5. Themes
registration of business and intellectual property and to The following themes are strategically important and
keep and administer the required registers; create distinct focal clusters against which objectives can
be defined:
• To promote the conduct and use of business and • Financial Sustainability. Ensuring that BIPA will have
intellectual property in Namibia. sufficient funds to meet its financial obligations to
adequately fulfil its mandate as outlined within the Act.
• To facilitate, streamline, simplify, harmonise and • Stakeholder Relations. Creating positive relationships
expedite business and intellectual property procedures, with stakeholders through honest and transparent
registrations, filings and searches; and, dialogue and broadening our scope to take into account
societies expectations.
• To enhance the efficient exchange and distribution of • Operational Excellence. Delivering a world class service
information. that exceeds the needs of our clients, stakeholders and
the Namibian economy
1.2. Vision • Human Capital. Developing the skills, knowledge,
Our vision is “A transformed business landscape and and training of individuals based on mutual respect,
inspired innovation”. transparency and trust, to assist the institution to meet
its strategic objectives.
1.3. Mission
To grant, register, and protect business and intellectual
property rights.
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04.
LEGISLATIVE &
OTHER MANDATES
It is BIPA’s purpose to administer legislation relating
to business registration and intellectual property
regulations. Its mandate encompasses companies,
close corporations, co-operatives, trademarks,
patents, designs, aspects of copyright legislation and
enforcement of rules and regulations in the following
areas of law:
Legislation Mandate
Business and Intellectual Property Authority Act 2016, Facilitate and promote the efficient and effective registration of
Act No. 8 of 2016 business and industrial property in Namibia.
Companies Act 2004, Act No. 28 of 2004 Register companies, maintain data, regulate governance of and
disclosure by companies, resolve disputes, educate and inform about all
laws, non-binding opinions and circulars, policy and legislative advice.
Close Corporation Act, Act No. 69 of 1984 Register close corporations, maintain data, and regulate governance of
and disclosure by close corporations.
Trademarks Act, 1973 (Act No. 48 of 1973)- Register trademarks, maintain data, and resolve disputes.
Patents, Designs, Trademarks, and Copyright Register patents and maintain data, resolve disputes, publish patent
Proclamation, 1923 (Act No. 17 of 1923) and; journal, administer Court of Commissioner of patents.
Patents and Designs Act, 1916 (Act No. 9 of 1916)
Copyright and Neighbouring Rights Protection Act, 1994 Register copyrights, maintain data, resolve disputes, and provide non-
(Act No. 6 of 1994) binding advice to the public.
03.
BOARD OF • Approving the Annual Procurement Plan;
• Appointing an auditor (with the consent of the Auditor
DIRECTORS
General) to conduct annual audits;
• Establishing sub-committees of the Board;
• The power to make rules relating to:
o the convening of, and procedure at meetings of the
3.1 Power
Board or a committee of the Board;
The role, function and powers of the Board, its members
o the management of the affairs of BIPA and execution of
and committees, and its relationship to other structures of
its function;
BIPA are determined by law, the Governance Framework,
o any matter which in terms of the BIPA Act is required or
corporate governance best practices, the enabling Act,
permitted to be prescribed by rules;
and decisions and policies of the Board. The Board is
o generally, any matter which the Board considers
responsible for the strategic direction and control of BIPA
necessary to give effect to the objects of BIPA;
and has the power to make any decision in respect of
• Approving policies, including those relating to
the institution. The Board is responsible for collectively
remuneration and investment;
promoting and safeguarding the long-term success of
• Remuneration of the CEO and Executive Management
BIPA.
members;
• Approval of BIPA’s organisational structure, including
It manages the affairs of BIPA:
creating new positions and their grading;
• Approval of Annual Reports including Annual Financial
• In the best interests of BIPA, with due regard to the
Statements.
interests of its stakeholders; and
• In compliance with Namibian legislation, principles of
To enable efficient management of its affairs, the Board
sound corporate governance and Board policies.
delegates other matters to the various Board Committees
and specifies the terms of reference of each Committee.
3.2. Roles and Responsibilities
It is the responsibility of the Board to guide BIPA to achieve
The Board Chairperson sets the ethical tone of the
its purpose by the powers conferred on it by the enabling
institution, and oversees the governance. He provides
Act, the Board Charter and other Board decisions and
overall leadership, overseeing the compilation of the
policies.
Board plan and presides over Board meetings.
The Board delegates day-to-day management and
3.3. Board Performance Assessment
administration of BIPA to the CEO, who is supported by
The BIPA Board concluded a Governance Agreement and
executive management staff. The CEO is accountable to
Performance Agreement with the Minister responsible
the Board. The following powers are reserved for the
for the Registration of Business and Industrial Property,
Board:
in terms of the State-owned Enterprises Governance Act,
• The power to appoint the CEO:
2006 as amended by the SOE Governance Amendment
• Approving the Annual Budget, Annual Business Plan and
Act, 2015 (Act No. 8 of 2015) and the Business and
Strategy;
Intellectual Property Act, 2016 (Act No. 8 of 2016). The
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Board’s performance is assessed against Key Performance • BIPA Board of Directors and Executives Workshop from
Indicators (KPIs) identified by the Government. 11 – 13 April 2018; and,
• A Strategic Planning Workshop on 24 May 2019.
3.4. Board Training and Development
The Board is committed to ensuring that it has the right 3.5.Attendance of Board and Board
balance of skills, experience and diversity and continuous Committee Meetings
training, education and development is made available to In terms of section 12(1) of the BIPA Act, the Board must
Board members. To ensure training is relevant, a needs meet at least four times during the year. Meetings took
assessment and gaps identification survey is regularly place as follows:
undertaken.
Board members attended two training programmes
during the year:
Board Human Resource and
Finance, Risk and Audit Strategy, Projects and
Governance, Legal
( 4 meetings) remuneration Committee procurement Committee
committee
Board Member
and Ethics Committee
(2 Special Board meetings) (4 meetings) (3 meetings) (3 meetings) (4 meetings)
Mr Riundja A. Kaakunga (Othy) 6/6 N/A N/A 2/3 3/4
Dr Martha Uumati 4/6 ¼ N/A N/A 1/4
Ms Seno Namwandi 4/6 N/A N/A 1/3 3/4
Mr Ignatius K. Thudinyane 3/6 4/4 N/A N/A N/A
Mr Fritz C. Jacobs 2/6 4/4 3/3 N/A 3/4
Ms Lovisa Indongo-Namandje 3/6 N/A 3/3 3/3 N/A
Ms Chaze Nalisa 3/6 N/A 2/3 1/3 N/A
3.6. BIPA Board Committees 3.6.2. Human Resource and Remuneration
In terms of the governance framework, and in terms Committee (HRRC)
of delegated authority from the Board, the Board may The committee is responsible for developing formal
determine what matters are reserved for final decision- and transparent policies and procedures on BIPA
making by the Board or Board Committees as opposed remuneration, and for determining the remuneration
to those that require the Board’s or Board Committees’ packages of BIPA Management. The Committee upholds
consideration before a final decision is made. the principle that the financial reward offered should be
market related to attract highly qualified employees to
All other matters, not specifically reserved by the Board enable the institution to fulfil its mandate.
and as stipulated in the Delegation of Authority, are
delegated to the Chief Executive Officer (CEO) subject to 3.6.3. Governance Legal and Ethics
the obligation to report all material matters to the Board. Committee (GLEC)
The sub-committees of the Board are: The Governance Legal and Ethics Committee provides
• Finance, Risk and Audit Committee (FRAC); legal support to the Board. The primary role of the GLEC
• Human Resource and Remuneration Committee is to deliberate, consult, comment and assist the Board
(HRRC); regarding existing and pending legislation and other legal
• Governance, Legal and Ethics Committee (GLEC); matters.
• Strategic Plan and Projects Committee (SPPC).
3.6.4. Strategic Plan and Project
3.6.1. Finance, Risk and Audit Committee Committee (SPPC)
(FRAC)
The purpose of the Finance, Risk and Audit Committee The Strategic Plan and Project Committee discusses,
(FRAC) is to oversee responsibilities relating to financial formulates, recommends and provides advice for strategic
planning, audit processes, financial reporting, the system and operational implementation of key objectives on all
of corporate controls and risk management, and to capital and maintenance project related matters.
make recommendations to the Board for approval when
appropriate. In the process of overseeing BIPA’s audit
procedures, FRAC is given the necessary resources to
carry out its responsibilities, including the authorisation
to engage independent counsel and other advisors.
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04.
MANAGEMENT AND
SUPPORT STRUCTURE
4.1. Office of the CEO ethical and supportive organisational culture, structures and
systems that enable the proper management of corporate risks
The CEO, or the person acting in this position, is responsible
and explores opportunities to enable the Authority to mitigate
for executing the operations of BIPA. The CEO is responsible for
or minimise the risk impact.
implementing the Strategy set by the Board and ensures that:
• proper accounting and audited records are kept;
4.2.2. Governance and Risk Management
The Board manages the risk in conjunction with the Finance
• financial statements and a report on the activities of the
Risk and Audit Committee. The responsibility for implementing
organisation are submitted to the Minister of Industrialisation,
risk management processes is devolved to line management
Trade and SME Development and the Minister of Public
in each department/business unit. In addition, BIPA’s internal
Enterprises;
audit function provides independent assurance on the risk
• risks within the organisation are managed;
management process. Corporate risks are identified, monitored
• relevant legislation is complied with;
and reviewed regularly in line with the risk management
• relevant technology and processes are in place;
implementation plan.
• the employees are appropriately skilled;
• stakeholder relationships are effectively managed;
• relevant Board approved policies are in place, and;
4.2.3. Internal Audit Function
The primary function of Internal Audit is to provide assurance
• best practice in governance is in place.
to the Finance, Risk and Audit Committee that adequate
management processes are in place to identify, manage and
The CEO also serves as the Registrar of Business and Industrial
monitor risks. Internal Audit independently audits and evaluates
Property and is entrusted with the daily running of a sound
the effectiveness of the risk management, internal controls and
entity that enhances the efficiency and effectiveness of
governance processes. In addition, Internal Audit provides
business and IPR protection through registration in Namibia.
consulting services to add value to the Authority’s operations.
Together with the executive management team, the CEO guides
the implementation and successful execution of BIPA’s strategic
Internal Audit performed audits in the following areas during
vision, objectives and activities.
the year:
4.2. Risk Management
• Business Registration Application Process;
4.2.1. Philosophy • Records Management;
• Asset and Stock Control Routine;
BIPA has developed a Risk Management Framework that guides
• Human Capital and Performance Management;
the process of managing risks within the Authority’s operations.
•Cost Control and Procurement.
An effective risk management approach focuses on having an
4.2.4. Risk Appetite
The Board approved the risk appetite as part of the overall Risk The Risk Management function is well established, and tasks
Management and implementation will be managed as part of related to compliance and risk management have been planned
the Enterprise Risk Management. for implementation during the next financial year.
4.3. Legal Advice and Company In executing the Legal Services responsibility, the office performs
Secretarial Service the following functions:
The division performs two key responsibilities for the Board and • Drafting legislation;
Executive Management, namely legal advisory services, and • Enabling the Authority to better regulate BIPA-related services
secretarial and governance services. In rendering secretarial in terms of the applicable legislation administered by BIPA;
and governance services the division reports to the Board and • Ensuring that BIPA defends or opposes litigious actions against
the Board Committees, specifically the Governance, Ethics and it;
Legal Committee and the Human Resources and Remuneration • Providing legal advice and support regarding the Authority’s
Committee. The Division undertook the following governance- operations;
related tasks during the period under review: • Providing advice to the Board, the office of the CEO and
its business units/departments on all laws applicable to the
• Providing secretarial support to the Board and its committees; registration and administration of Intellectual Property and
• Developing Board charters and Board Committee terms of Businesses administered by the BIPA, as well as on any other
reference; relevant laws.
• Developing Board performance and governance agreements,
and setting key performance indicators to measure Board 4.4. Executive Management
performance; The following members held executive positions during the
• Assessing Board training needs and facilitating training. financial year 2018/2019:
Position Office Holder
Acting Executive Officer (CEO) Selma Ambunda
Executive: Human Capital Management Selma Ambunda
Acting Executive: Finance and Administration Jones Lubinda
Executive: Information and Communication Technology Veiko Muronga
Executive: Intellectual Property Ainna Kaundu
Executive: Business Registration Services Laura K Tjombonde
Chief Legal and Company Secretary Vivienne Katjiuongua
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05.
OPERATIONAL AND
STRATEGIC OVERVIEW
5.1. Intellectual Property
5.1.1. Overview What is a trademark?
A trademark is a sign, symbol or business identity which
The protection of intellectual property rights through to helps businesses to distinguish and/or differentiate between
registration is one of BIPAs key functions. It promotes IP value in the goods or services of one business and/or undertaking
Namibia; and contributes to national, regional and international from those of the others. A trademark may consist of a
IP legal frameworks. These functions are executed within the device, label, name, signature, word, letter, numeral or any
scope of the relevant acts, namely the Business and Intellectual combination thereof or a container for goods. The life span
Authority Act 2016 (Act no. 8 of 2016); the Trademarks Act, of a trademark is 10 years, which is renewable after every
1973 (Act no. 48 of 1973); the Patents, Designs, Trademarks, 10th year.
and Copyright Proclamation, 1923 (Act no. 17 of 1923); Patents
and Designs Act, 1916 (Act no. 9 of 1916); and the Copyright and What is the value of registering a
Neighbouring Rights Protection Act, 1994 (Act no. 6 of 1994). trademark?
Trademark protection ensures that the owners of marks have
The Industrial Property Act (2012) was implemented on 1 the exclusive right to use them to identify goods or services,
August 2018. It provides for all industrial property rights, for or to authorise others to use them in return for payment.
the protection, use and enforcement of Trademarks, Industrial The period of protection varies, but a trademark can be
Designs, Patents and Utility Models. It repeals the Patents, renewed indefinitely upon payment of the corresponding
Designs and Trademarks Act of 1916, the Patents and Designs fees. Trademark protection is legally enforced by courts
Proclamation, 1923 and the Trademarks in South West Africa that, in most systems, have the authority to stop trademark
Act, 1973. infringement. Trademarks promote initiative and enterprise
worldwide by rewarding their owners with recognition and
Three divisions within the department ensure the execution of financial profit. Trademark protection also hinders the efforts
the relevant acts namely Trademarks, Copy Rights and Patents of unfair competitors, such as counterfeiters, to use similar
& Utility Models. distinctive signs to market inferior or different products or
services.
Trademarks and Industrial Designs
The Trademarks Division is responsible for the administration
and registration of Trademarks and Industrial Designs.
Applications for trademarks are administered in terms of the
national law (The Industrial Property Act No.1 of 2012), Banjul
Protocol of ARIPO and Madrid Agreement and Protocol of WIPO.
Industrial Designs are administered in terms of the national law
(the Industrial Property Act No.1 of 2012), Harare Protocol of What is copyright?
ARIPO and Hague Agreement of WIPO. Copyright is an exclusive legal right acquired by a creator
and/or author of original works of authorship expressed in
a tangible form. Copyright is an automatic right by virtue of
What is an industrial design? creation.
An industrial design constitutes the ornamental or aesthetic
aspect of an article. A design may consist of three-dimensional A closely associated field is “related rights” or rights related to
features, such as the shape or surface of an article, or of copyright that encompass rights similar or identical to those of
two-dimensional features, such as patterns, lines or colour. copyright. The beneficiaries of related rights are: performers
A design is the appearance of an article produced by any (such as actors and musicians); producers of sound recordings
industrial or manual process. It is that shape and decorative (for example, compact discs) and broadcasting organisations
ornaments of a finished article to the eye that constitutes an in their radio and television programs.
industrial design.
Works covered by copyright include, novels, poems, plays,
Why are industrial designs important? reference works, newspapers, advertisements, computer
Industrial designs are what make products attractive and programs, databases, films, musical compositions,
appealing - they add to the commercial value of a product choreography, paintings, drawings, photographs, sculpture,
and increase its marketability. architecture, maps and technical drawings.
When an industrial design is protected, this helps to ensure Why is it important to protect works
a fair return on investment. An effective system of protection through copyright?
also benefits consumers and the public at large, by promoting Through copyright protection, the owner of creative works
fair competition and honest trade practices. Protecting maintains the sole ownership of the work, and can thus
industrial designs also helps economic development, by prohibit people from unlawfully copying, using or distributing
encouraging creativity in the industrial and manufacturing their work. This ensures that all profits that are generated
sectors and contributes to the expansion of commercial through the publishing or creation of the work, go to the
activities and the export of national products. rightful owner.
Patents
The Patents Division is mandated to deal with all national
Copyright applications; and administer the Harare, Patent Cooperation
The Copyright Division is mandated to administer the
Treaty (PCT) and Hague applications. The Harare Protocol
registration and processing of copyright works in accordance
allows single application of Contracting States, for the grant
with the Copyright & Neighbouring Rights Protection Act, Act No
of patents, registration of utility models and of industrial
of 6 of 1994. The division markets copyright awareness through
designs protection. The Patent Cooperation Treaty (PCT) assists
information sharing campaigns to create understanding and
applicants in seeking patent protection internationally for their
promote innovation and creativity in Namibia. It is also tasked
inventions, helps patent Offices with their patent granting
with the vetting of copyright applications, verification and
decisions, and facilitates public access to a wealth of technical
approval.
information relating to those inventions.
Patent registrations in Namibia are protected under the Patents
Act, Act No. 9 of 1916, and proclamation 17 of 1923.
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What are patents?
A patent is an exclusive right granted for an invention. This
invention can be a product or a process that provides a new
way of doing something or offer a new technical solution to
a problem. A patent provides protection for the invention
to the owner. A patent can also be described as a document
which gives you the right to stop other people from making,
copying, using or selling your invention.
Why is it important to register a
patent?
Patent protection ensures that an invention cannot be
commercially made, used, distributed or sold without the
patent owner’s consent. Patent rights are usually enforced in
courts who, in most systems, hold the authority to prohibit
patent infringement. Conversely, a court can also declare a
patent invalid upon a successful challenge by a third party.
Patents provide incentives to individuals by recognising their
creativity and offering the possibility of material reward for
their marketable inventions. These incentives encourage
innovation, which in turn enhances the quality of human life.
It is important that you apply for a patent before you make
your invention available to the public, in order to protect its
novelty.
5.1.2. Applications and Processing
Trademarks
During the financial year of 2018/2019, the Trademarks
Division received 4115 applications, of which 2733 applications
were submitted through the national filing route, whilst 217
applications were received through regional designations
(ARIPO administered protocols). A further 1165 applications
were received through international designations (agreements
administered by WIPO).
Quarter National Filing No. of Classes Regional Filing International Total
(ARIPO) Filing (WIPO)
Q1 979 979 55 279 1313
Q2 623 719 57 272 1048
Q3 248 488 41 332 861
Q4 293 547 64 282 893
2143 2733 217 1165 4115
Overall, national filings made up 67% of all applications, whilst international routes contributed 28% and regional routes
accounted for 5%.
Industrial Designs
During the financial year of 2018/2019, the Industrial Designs were received through the regional route (ARIPO administered
division received 159 applications, of which 57 applications protocol) and 38 through the international route (WIPO-
were submitted through the national filing route, whilst 64 administered agreements).
Quarter National Filing Regional Filing (ARIPO) International Filing Total
(WIPO)
Q1 12 14 15 41
Q2 21 14 13 48
Q3 6 22 4 32
Q4 18 14 6 38
57 64 38 159
National filings made up 36% of filings, regional 40% and International routes, 24%.
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Copyright
During the period under review, the division received a total of 210 applications for copyright.
Total Number of Applications Applications Applications
Applications for verified accepted Rejected
Copyrighted Works
Q1 59 59 59 0
Q2 85 85 83 2
Q3 32 32 32 0
Q4 34 34 34 0
210 210 208 2
Of the 210 applications, 179 were literary works, 28 were audio-visual, 2 were artistic works and 1 was for a musical work.
Patents
The Patents division received 448 applications for the financial year 2018/2019.
Quarter National Filing Regional Filing (ARIPO) Total
Q1 12 133 145
Q2 14 128 142
Q3 12 141 153
Q4 5 3 3
43 405 8
43 (10%) filings were made through the national route, and 405 (90%) through regional routes.
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5.1.3. Highlights
• BIPA, together with WIPO, hosted a workshop on Intellectual
During the period under review, BIPA conducted several Property for media practitioners on 23 April 2018 at the
stakeholder engagements. Through these engagements, BIPA Safari hotel in Windhoek. The workshop focused on the role
aimed to increase awareness of the value and benefits of IP of journalists within the local IP ecosystem. The majority of
protection to consumers. This was in line with BIPA’s mandate to Namibia’s key media houses attended the training, and offered
protect IP in Namibia, and to highlight the positive contribution valuable input into establishing closer partnerships to promote
that IP made to economic development in the country. access to IP-related information.
• On 24 April 2018, BIPA and WIPO conducted a workshop at
The stakeholder engagements formed a vital part of fulfilling the Safari Hotel in Windhoek on the enforcement of Intellectual
BIPA’s mandate to promote IP as a strategic tool for developing Property rights for Namibian customs officials. Delegates
Namibia’s economy; and was directly aligned with the goals and were equipped with information on counterfeiting and piracy,
objectives of the BIPA Corporate Strategy (2017-2022). requirements related to border measures and the role of
enforcement agencies to effectively enforce IPRs, amongst
The World IP Week Campaign (23-27 April 2018, Windhoek, others.
Namibia) • The raising of awareness on the infringing of Intellectual
Property rights was further promoted when BIPA and WIPO
In commemoration of International World IP Day, which is offered a public lecture on 24 April 2018 for academics, students
celebrated on 26 April annually, BIPA in collaboration with and the public. The keynote speaker, Judge Louis Harms,
WIPO and the National Commission on Research, Science and discussed aspects related to enhancing the public’s respect
Technology (NCRST) held a series of workshops for industry for intellectual property rights and protection. The event was
players as part of the World IP Week Campaign. The workshops hosted under the theme: “Infringement of Trademarks and
were conducted in Windhoek from 23-27 April 2018. Copyright”; and was attended by more than 100 stakeholders.
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• BIPA and WIPO further conducted a workshop on enforcement treaties and practices. The amendments were proposed for the
of IPRs for members of the Namibian Police on 25 April 2018. consideration of the ARIPO IP Technical Committee.
This took place at the NAMPOL College in Windhoek and
focused on the role of the police in investigating intellectual Symposium on Copyright and Related Rights (12-14 June 2018,
property infringement crimes. Harare, Zimbabwe)
• In commemoration of the World IP Day, BIPA and WIPO,
hosted a Gala dinner at the Safari Hotel on 26 April 2018. Representatives from BIPA participated in the Symposium
The theme was “Powering change: Woman in Innovation and on Copyright and Related Rights, which was organised by the
Creativity”. During the gala dinner, Namibian women who African Regional Intellectual Property Organization (ARIPO) in
excelled in innovation and who had made an impact in the collaboration with the World Intellectual Property Organization
creative industry, were recognised and awarded. The keynote (WIPO). The symposium took place in Harare, Zimbabwe, from
address was delivered by the Deputy Minister for International 12 - 14 June 2018, Harare, Zimbabwe.
Relations and Cooperation.
• During the final day of the campaign on 27 April 2018, BIPA and The theme of the event was “Shaping the Copyright and
WIPO arranged a workshop for Prosecutors and Magistrates in Related Rights Systems in Africa”. During the meeting, delegates
Windhoek to highlight the enforcement of Intellectual Property discussed critical copyright issues affecting Africa and explored
rights. ways to address copyright in the digital environment for the
benefits of the rights-holders, users and other stakeholders.
Looking back, the Executive: IP, Ainna Kaundu, expressed Other topics that were discussed, were a model copyright legal
satisfaction with the success of the campaign: “We managed to framework, the relationship between the copyright office and
engage with over 300 stakeholders on topics that have a major the collective management office; and copyright governance
impact on the industry. We are also pleased that so many law related trends. The symposium created an opportunity for
enforcers could be trained on IPRs.” Namibia to understand best practices which assisted in the
development of the Copyright Bill.
The 7th Session of the Working Group on the Improvement of
the ARIPO Protocols (3-4 May 2018, Harare, Zimbabwe) The Intellectual Property (IP) Roving Seminar for Academic and
Research Institutions (19-20 June 2018, Windhoek, Namibia)
Representatives of BIPA participated in the 7th Session of the
Working Group on the Improvement of the ARIPO Protocols BIPA, in partnership with ARIPO, and the International University
relating to Industrial Property, which took place in Harare from of Management (IUM) of Namibia, hosted the Roving Seminar
3 - 4 May 2018. Representatives from ARIPO member states, from 19-20 June 2018 in Windhoek. This seminar was one of
South Africa and IP Agents all attended the meeting. four which took place on the African continent in 2018 (the
others being in Kenya, Liberia and Mozambique). The aim of
The main objective of the Working Group was to improve the the seminars was to augment IP awareness in Academic and
protocols and make them attractive to users and member Research Institutions with a view to promoting the creation,
states. The Group made amendments to the protocols and protection and utilisation of research results using IP tools for
implementation regulations, with the aim of addressing issues economic and technological development. The theme for the
affecting the filing and processing of applications for ARIPO Namibian seminar was “Fostering Creativity and Innovation for
patents, industrial designs and utility models. They discussed Economic Growth and Development in Africa”.
matters affecting the granting, registration and administration of
industrial property rights at the office. Lastly, the Working Group
undertook amendments to align the protocol with international
WIPO/ARIPO Sub-Regional Meeting The 42nd Session of the Administrative
on the Development of a Sub-Regional Council of the African Regional Intellectual
Technology and Innovation Support Property Organization (ARIPO) (19-23
Centre (TISC) Network (28-29 August November 2018, Windhoek, Namibia)
2018, Harare, Zimbabwe)
Namibia proudly hosted the 42nd Administrative Council
Representatives of BIPA participated in the WIPO/ARIPO Sub-
of ARIPO in Windhoek from 19-23 November 2018. During
Regional Meeting on the Development of a Sub-Regional
the session, nineteen Member States of the African Regional
Technology and Innovation Support Center (TISC) Network,
Intellectual Property Organization (ARIPO) discussed the
which took place in Harare from 28-29 August 2018. The
administrative aspects of ARIPO including the proposed
meeting discussed the possibility of sharing and leveraging
budget and programme of activities for 2019. It also looked
national innovation support service strengths found in different
at recommendations from the subsidiary committees and
national TISC networks in ARIPO member states. Delegates also
recommended amendments to the various ARIPO treaties
developed a customised awareness strategy for implementation
to continually keep them responsive to development needs
by member states in their countries.
of member states and customer requirements. The ARIPO
Secretariat also gave an account and update of activities
WIPO Training Course on Patent Search
embarked on during the year as mandated by the Council.
and Examination for African Countries
(18-22 November 2018, Cairo, Egypt)
Delegates from BIPA participated in the WIPO Training Course
on Patent Search and Examinations for African countries, which
took place in Cairo, Egypt from 18 to 22 November 2018. The
meeting focused on training patent examiners on how to use
online tools and how to search and retrieve patent information
prior to approval of applications.
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ARIPO, an inter-governmental organization facilitates Another highlight was the High-Level Panel Discussion on
cooperation among member states in intellectual property Intellectual Property and Innovation under the theme:
matters, with the objective of pooling financial and human Strengthening the Business Competitiveness of SME’s in
resources, and seeking technological advancement for Africa, which took place on 21 November 2018. The panel
economic, social, technological, scientific and industrial acknowledged that, in the global knowledge-based economy,
development. The ARIPO Administrative Council is composed there is increasing recognition that intellectual property
of heads of offices responsible for industrial property and (IP) and innovation are two important contributory factors
copyright in Member States. The Administrative Council for economic, social and cultural development, building
has subsidiary Committees in place to administer the affairs competitiveness of industries as well as enhancing trade.
of ARIPO. These are the Finance, Audit, Staff Affairs and The panellists discussed the relevance of IP for SME’s to
Technical Committees. boost industrial competitiveness and enhanced agricultural
productivity; and shared knowledge about the national,
A highlight of the session was the Seminar on Plant Variety
regional and international legal and institutional frameworks
Protection (PVP), which was conducted in collaboration with
that facilitate the use of the IP system for wealth creation.
the International Union for the Protection of New Varieties
of Plants (UPOV). The seminar took place on 20 November
The evening of 21 November 2018 saw the celebration
at the Safari Hotel in Windhoek and debated, inter alia,
of the 10th-year Anniversary of Japan Funds in Trust Gala
the role of an effective plant variety protection system in
Dinner, organised in collaboration with the World Intellectual
addressing food security and climate change. Representatives
Property Organization (WIPO) and the Japan Patent Office
from Kenya and Vietnam shared experiences, while a panel
(JPO).
debated issues affecting regions.
During the conference, BIPA hosted more than 130 delegates Intellectual Property Organization (ARIPO), observer states, the
from the member states of ARIPO, the ARIPO Secretariat, the International Union for the Protection of New Varieties of Plants
World Intellectual Property Organization (WIPO), the African (UPOV), the Japan Patent Office (JPO), and other cooperating
partners and IP Practitioners.
Consultative Meeting with UNESCO The WIPO Regional Seminar on the
Representatives (6 December 2018, Patent Cooperation Treaty (PCT) and
Windhoek, Namibia) PATENTSCOPE for African Countries (10-
12 December 2018, Kigali, Rwanda)
BIPA, on 6 December 2018, held a consultative meeting with
Dr Adznir Mochtar from Malaysia, a UNESCO innovation policy BIPA was represented at the WIPO Regional Seminar on
specialist, and Mr. Yosian Nur, UNESCO Programme Specialist the Patent Cooperation Treaty (PCT) and PATENTSCOPE for
on Science Policy and Partnership. The meeting was held African Countries, which took place from 10-12 December
in preparation of the National Innovation Conference and 2018, in Kigali, Rwanda. The objective of the training was to
Dialogue, which was scheduled for 6-8 February 2019. The equip participants with skills in PCT procedures and the use of
conference was hosted by the Ministry of Higher Education, PATENTSCOPE. The training was essential to build capacity for
Training and Innovation, in collaboration with UNESCO and the the administration of PCT filed patent applications.
NCRST.
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Consultation meeting on the Promoting IP through Strategic
implementation of the Industrial Property Partnerships by establishing the
Act, 2012 with IP agents (20 February Technology and Innovation Support
2019) Centre (TISC) Network (25 March 2019,
The Industrial Property Act, 2012 came into effect on the 1st Windhoek, Namibia)
August 2018. The Act provides for the granting, protection and
In fulfilling its mandate to promote the value of Intellectual
administration of Patents, Utility Models, Industrial Designs
Property in Namibia, BIPA signed agreements with leading
and Trademarks in Namibia. It also provides for the registration
institutions to establish the Technology and Innovation
of Industrial Property agents and the establishment of an
Support Centre (TISC) Network. This took place on 25 March
Industrial Property Tribunal.
2019. The agreement sets out the activities, composition and
organisation of the TISC Networks, and the conditions governing
Following the proclamation of the Act, BIPA met with IP Agents
implementation and management.
and stakeholders on 20 February 2019 to discuss matters that
were not clear in the Act and Regulations. Participants also used
The agreements were signed at an official ceremony at the
the platform to clarify issues relating to the administration of
BIPA headquarters between the Acting CEO of BIPA, Selma
the Act.
Ambunda; Prof. Kingo Mchombu, Acting Vice Chancellor of the
International University of Management (IUM), Prof. Kenneth
Matengu, Vice Chancellor of the University of Namibia (UNAM)
and Enid Keramin, Acting Chief Executive Officer of the National
Commission for Research Science and Technology (NCRST).
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5.1.4. Challenges
Whilst IP awareness has improved, it will be some time before review the Copyright Act, 1994 (Act No 6 of 1994); establish
Namibia is regarded as an IP-conscious society. It is imperative the first Industrial Property Tribunal; and forge open and honest
to demonstrate the value that IP will bring to Namibia so as to engagement with stakeholders to build trusted relationships. As
influence stakeholders to support the IP agenda; to influence part of the BIPA corporate strategy, the Authority will revise the
businesses to integrate IP into their business models and Copyright Act as we develop a modern copyright law; and invest
strategies; to ensure that that the public respects intellectual in the automation of businesses processes and business process
property, and to ensure that enforcement agencies respond to re-engineering. To make this all possible, we will embark on
IP infringements with appropriate prevention measures. This continuous capacity building to ensure a high-performance
remains a challenge, and an opportunity, for BIPA. culture that will grant quality rights.
In addition, BIPA is on track to reposition IP from being a 5.2. Business Registration
theoretical concept to be an instrument to increase economic 5.2.1. Overview
development and growth in Namibia. This transformation will The core functions of BIPA’s Business Registration Department
require a comprehensive strategy covering policy, legislative are to facilitate and promote the efficient and effective
and institutional frameworks of IP; investment into Research registration of businesses; and to keep and administer the
and Development which responds to industry needs; a legal relevant registers. The focus of BIPA remains the delivery of
framework for IP valuation and the use of IP as collateral; IP efficient services to clients which will ultimately contribute to
related tax incentives; integration of IP into business strategies; the creation of a conducive environment for economic growth
market access; IP education and IP rights enforcement. We will in Namibia.
also strengthen stakeholder engagement to influence policies
and systems to support a knowledge and innovation-based Section 5(b) of the Business and Intellectual Property Authority
economy. Act of 2016, mandates BIPA to regulate and administer the
registration of businesses under the applicable legislation as
5.1.5. Future Endeavours
follows:
Going forward we will focus on achieving ambitious goals which
will cement our role as a trusted Authority. We will prioritise
the delivery of quality, simple and accessible services; adopt
and launch the first National Intellectual Property Policy;
DOMAIN NATIONAL LEGISLATION
Company Registrations 1. Companies Act, 1973 (Act No. 61 Of 1973)
2. Companies Act, 2004 (Act No. 28 Of 2004)
Provides for the Establishment of the Company Registration Office,
Appointment of the Registrar and for the Incorporation, Management and
Liquidation of Companies; And Incidental Matters.
Close Corporations 1.Close Corporations Act, 1988, (Act No. 26 Of 1988)
2.Close Corporation Amendment Act, 1994 (Act No. 8 Of 1994)
Provides for establishment of the Close Corporation Registration Office,
appointment of the Registrar and the formation, registration incorporation,
management, control and liquidation of close corporations; and for matters
connected therewith.
Companies and Close Corporations The Financial Intelligence Act, 2012 (Act 13 of 2012). In terms of Section 4
of the FIA, the Registrar of Companies and Close Corporations
The departmental goals for the financial year were to: view of the time taken by the fishing rights registration period
which resulted in various stakeholder consultations not taking
• deliver an effective and efficient customer satisfaction service. place. We will accommodate these in the next financial year.
To support this goal, we implemented our annual Customer
Satisfaction Survey, analysed the results to identify gaps, and We were able to implement three of the four risk mitigation
implemented corrective plans. Marketing and Corporate recommendations and filled two vacancies to capacitate the
Communications assisted with this undertaking. Erongo Regional Office.
• promote the value of business registrations in Namibia. This 5.2.2. Applications and Processing
was accomplished by developing and implementing a marketing BIPA processes applications for the registration of companies
strategy to increase the number of new business applications. (including Associations not for Gain), close corporations and
We were assisted by Marketing and Corporate Communications. defensive names. It also processes applications for amendments,
• ensure legislative alignment to National, Regional and deregistration and restoration of entities as prescribed.
International obligations through the amendment and
harmonisation of the Companies and Close Corporations Acts; During the period under review, the Authority received and
• commence a data cleaning project to improve the quality of processed a total of 205,402 business registration and related
data and ensure data assurance on the BRS database; transactions compared to 95,962 in the 2017/18 Financial Year.
• implement audit and risk recommendations relating to data
integrity and the verification of information submitted by A total of 28,158 Name Reservations were approved in FY
clients; 2018/19, compared to 28,471 in FY 2017/18. 12% of the Name
• capacitate the BR department by filling key identified positions. Reservations applications were received via the online portal.
The goals that were set at the beginning of the year were The Authority received and processed a total of 45 518 new
achieved with differing levels of success. business registration applications for the 2017/18 financial year;
a decline of 22% in comparison with the 2016/17 financial year
In the absence of a Customer Relationship Management (CRM) where 58 494 new applications were received. The 2018/19
System, the department, together with Marketing and Corporate financial year saw an increase in new applications of 5 468,
Communications Management, implemented a manual survey resulting in a rise of 12% in new applications.
to monitor customer service levels. We will proceed to conduct
our survey manually until the CRM system is implemented. Of the new applications received in 2018/19, 52% were
registered within the three days specified by the Ministry’s
Our objective to increase the number of new applications saw an Customer Charter, thus resulting in 18% less than what was
increase of 114% in new applications for the 2018/19 financial planned for.
year in comparison to 2017/18. In contrast, a comparison of
applications received for 2017/18 and 2016/17 reflected a 12% The shortfall in reaching the target can be attributed to the
decline for 2017/18. higher volume of applications received, specifically during
the fishing rights period that also saw a surge in applications
We are aware of the importance of having a modernised legal for the amendment of Close Corporations of 606 (24%) from
framework within which to operate and have commenced 2,503 applications in 2017/18 to 3,109 in for the same period.
amending the Close Corporations Act. Unfortunately, time Additionally, the protracted process of dealing with regional
constraints arose during the period under review, especially in applications further contributed to the target not being met.
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5.2.3. Highlights which created an additional and unforeseen workload for the
BIPA wishes to highlight the following: Authority.
First steps at decentralisation The Authority registered a total of 1,139 Companies in August
2018, in comparison with the same period in 2017 when only
Having opened an office in Swakopmund in February 2018, 109 Companies were registered. This is a gigantic 944% rise.
we are on track with our decentralisation strategy. The Despite the tremendous pressure, we were able to rise to the
Swakopmund office serves the Erongo region and delivers occasion and assist clients timeously.
business registration services.
Launch of the online business registration platform
Successful processing of business registrations in relation to
fishing rights applications BIPA, in collaboration with the Ministry of Industrialisation,
Trade and SME Development’s Namibia Investment Centre,
Following the Government’s announcement of the fishing rights accelerated preparations for the implementation of business
application period, we registered a total of 2,284 Companies registration services on the Integrated Client Service Facility
and 3,179 Close Corporations during the period 01 May to 31 (ICSF) platform. The development of the platform is on track
August 2018 as well as 3,109 Close Corporation Amendments. A and user acceptance testing has commenced. We have planned
mandatory requirement to apply for the fishing rights required for the following functions during the next financial year:
that applicants have a registered Proprietary Limited Company, Name Reservations, Close Corporation, and Defensive Name
applications.
Data assurance and integrity Annual Duties, the new ICSF system and company examination
A key strategic initiative of the Company Strategy (2017-2022) fees. She responded to questions raised and gave the assurance
required that the department, in collaboration with ICT, launch that world class client service is a key focus of the organisation.
the data assurance project. This commenced in March 2018 and
will be handed over to the ICT Department during the 2019/20 BIPA plays a significant role in developing and growing the
financial year. Namibian economy and when Namibia’s position on the World
Bank’s 2019 Ease-of-Doing business ranking declined, the
Executive: BRS and the Acting CEO were engaged by the Institute
Stakeholder engagement
of Public Policy Research. The discussions were productive and
In fulfilling the strategic goal of enhancing stakeholder relations,
this engagement bolstered BIPAs role as a key role-player in
BIPA frequently engaged business consultants and other
contributing to Namibia’s economic growth.
stakeholders. Meetings were conducted with NIPA, ICAN, FIC,
business consultants and accounting officers. These meetings
Representing Namibia’s young entrepreneurs, the Executive:
focused on introducing and discussing the launching of the
BRS outlined the business registration services to approximately
imminent online services, proposed legislative reviews and to
eighty entrepreneurs at two separate events organized
obtain feedback on service delivery.
by the Ministry of Gender Equality and Child Welfare and
Redbull Amaphiko Connect. The objective was to coach
A successful engagement took place on 7 March 2019, when
the entrepreneurs on types of entities, legal registration
more than a hundred consultants and stakeholders met with
requirements and registration processes. Feedback from these
the Executive: Business Registrations, to discuss issues of
sessions was used to develop and implement critical operational
mutual concern. The Executive provided clarity on topics such as
changes to achieve an improved customer experience.
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5.2.4. Challenges Companies Registration System (ICRS) by achieving 65% on
Business Registrations Data Completeness by 31 March 2020.
One of the strategic initiatives of the BIPA Corporate Strategy
is to improve customer satisfaction through reducing the turn-
around times of new applications. Management is acutely aware
5.3. Records and Archives Management
that acceptable turn-around times have not been achieved and
has embarked on a re-engineering process to achieve this goal.
5.3.1. Overview
The Record and Archives department manages all documents
Key impediments to reducing turn-around times are a lack of
and records relating to business and IP registrations. Accurate
sufficient human resources, inadequate finances and dated IT
and precise management of the records is vital to ensure
systems.
regulatory compliance, managing risk and ensuring business
continuity. This will further enhance records preservation,
We are experiencing a shortage of personnel to successfully
disposition, archiving and knowledge-sharing.
execute all business registration functions, especially in the
regions. Insufficient decentralisation has led to a high reliance on
the Ministry of Industrialisation, Trade and SME Development’s
5.3.2. Operations
BIPA obtained endorsement of the Records Management Policy
Industrial Development Department (MITSMED) to deliver
in March 2018 and managed 220 352 records in storage at
services in the regions which is a challenge for BIPA to meet its
The Document Warehouse. Clients requested 13 457 files for
turnaround times when serving regional clients. We, however,
business purposes and 2 187 files were scanned as part of the
remain appreciative of MITSMED’s support to clients outside of
digitization process.
Windhoek.
5.2.5. Future Endeavours The digitization process (known as the Data Integrity Project)
is funded by the Deutsche Gesellschaft Für Internationale
As a major role player in the trade industry, BIPA is part of the
Zusammenarbeit (GIZ). It was introduced in 2018 to ensure that
team involved in the development and implementation of the
all the data on the Integrated Company Registration System
Integrated Client Service Facility (ICSF) project for Namibia
(ICRS) is correct and up to date. An additional aim is to ensure
steered by the Ministry of Industrialisation, Trade and SME
that all records are transferred to an electronic database to
Development. We are look forward to the launch of the platform
support the effective collection of annual duties.
scheduled for later in 2019.
The digitization project included the file plan being approved by
During the 2019/20 Financial Year, BIPA plans to:
the National Archives in January 2019. In line with the Records
• commence with the implementation of the decentralisation
Management Regulatory Framework and BIPA’s Risk Register,
plan, in partnership with the Ministry of Industrialization, Trade
an approved file plan by the National Archives was mandatory
and SME Development. The plan envisages operationalising 6
to ensure the effective managing of administrative records
regional offices during the financial year.
within BIPA.
• in partnership with ICT, re-engineer and automate the core
The main purpose for having a file plan is to ensure that
business processes. The processes earmarked for automation
documents and records are filed in a consistent manner to
are Company Registrations, Close Corporation Registrations,
enable the efficient retrieving of documents. This is also
Defensive Name Registrations, Name Reservations and Close
assigned document life-cycle retention information.
Corporation Amendments.
• ensure accuracy of business information on the Integrated
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5.3.3. Highlights to the National Archives of Namibia for approval by 2020. The
The implementation of the Data Integrity Project constitutes schedule will promote control over the organisation’s records;
the main highlight for BIPA as it holds the following benefits for protect vital information which the organisation needs to
both the authority and its clients: function effectively; provide clear guidance on the retention
• offering files to the clients in digital format will provide more and disposal of specific and general categories of information;
flexibility and speed when delivering the service resulting in enable the confident disposal of records which are no longer
higher client satisfaction; needed; and ensure information which is subject to Freedom
• files will be delivered securely over the world wide web so of Information and Data Protection legislation will be available
that clients living in the remote areas of Namibia will have when required.
instant access to BIPA’s services;
5.4. Human Capital Management
Subsequent phases of the project include the provision of an
Online Portal Solution which will enable clients, agents and 5.4.1. Overview
authorities to browse for and obtain files according to their The success of BIPA’s operations are dependent on the skills and
entitlement. commitment of its human resources. It is our philosophy that
we will have the right people in the right roles doing the right
5.3.4. Challenges value-adding work at the right time, with clear deliverables that
BIPA’s current archiving and records management system is increase capability and effectiveness. Through the activities
manual resulting in several challenges arising in regard to of the Department for Human Capital Management, the
monitoring and managing of files that were requested and institution aims to fulfil the strategic objective of Human Capital
consequently the security and safety of these files. Development as identified in the Corporate Strategy 2017-2022.
This will be achieved through developing the collective skills,
We do not yet have an endorsed business continuity plan for knowledge and intangible assets of individuals to enhance the
the management of vital records and confirm that this will be creation of economic value for the institution.
finalised during the next financial year.
5.4.2. Operations
5.3.5. Future Endeavours Recruitment, Resignations and Staff Movements
In the light of the challenges experienced during the past
financial year, BIPA will address the following immediate During the reporting period, BIPA employed a total number of
concerns: one-hundred-and-eleven employees in its workforce, of which
ninety-nine were employed on a permanent basis and twelve
• Identifying vital records, notably files, for closed and were temporary employees. Due to the moratorium on hiring
deregistered businesses; which was implemented to ensure sustainability during the
economic recession, only fourteen permanent positions were
• Conducting information audits, and ensuring the ability to sell filled during the reporting period. The following positions were
data; filled:
• Setting up a warehouse at the PZN building with effective
systems such as the O’Neil system for records management and
M-Files for content management.
•Developing the Records Retention Schedule for submission
Position’s Name Grade Department Start Date
1. Cashier B3 Finance & Administration 03/09/2018
2. Legal Officer C3 Legal & Company Secretary 01/02/2019
3. Human Capital Practitioner: C4 Human Capital 01/03/2019
Recruitment & Remuneration Management
4. Senior Business Registration and Intellectual D2 Intellectual Property 10/04/2018
Property Officer
5. Human Capital Practitioner: OD, Performance C4 Human Capital 23/04/2018
Management and Training Management
6. Manager: Client Management Services D3 Marketing and Client 04/06/2018
Management
7. Administrative Assistant B4 Intellectual Property 05/03/2019
8. Manager: Marketing & Corporate Communication D3 Marketing and Client 01/11/2018
Management
9. Human Capital Practitioner: Employee Relations C4 Human Capital 04/07/2018
Management
To ensure that we continued to support the permanent employees during the recession, we recruited twenty-two temporary
employees. This ensured that additional work was accomplished at a reasonable cost. Temporary positions filled, were:
Role Department supported # of temporary
employees
1. Temp - Data Capturer Information & Communication Technology 21
2. Temp - Receptionist Office of the CEO 1
In addition, BIPA employed six student interns from various local universities to provide experience for the students.
Field of Study University Internship Duration
1.Bachelor of Accounting University of Namibia (UNAM) 3-Months
2.Bachelor Human Resource International University of Management (IUM) 3-Months
Development & Management
3. Bachelor of Technology in University of Science and Technology (NUST); 3-Months
Accounting and Finance
4. Bachelor of Accounting and Finance University of Science and Technology (NUST); 3-Months
5. Bachelor of Accounting and Finance University of Science and Technology (NUST); and 3-Months
6. Bachelor of Accounting and Finance University of Science and Technology (NUST); 3-Months
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Nine employees left our service, translating to an attrition rate of 8.1% of the overall workforce. Staff that resigned were:
Position held Grade Department Tenure Reasons
1. CEO F Office of the CEO Fixed Term Expiry of Contract
Contract
2. Manager: Marketing & D3 Marketing & Corporate Permanent Resignation
Corporate Communication Communication
3. Human Capital C4 Human Capital Permanent Resignation
Practitioner: Employee Management
Relations
4. Human Capital C4 Human Capital Permanent Resignation
Practitioner: Recruitment & Management
Remuneration
5. IP Officer: Copyrights C3 Intellectual Property Permanent Dismissal
6. Client Management C2 Marketing & Client Services Permanent Resignation
Services Consultant
7. Personal Assistant C1 Legal and Company Permanent Resignation
Secretary Services
8. Cleaner A2 Finance & Administration Fixed Term End of Contract
Contract
9. Executive: Human Capital E2 Human Capital Permanent Resignation
Management Management
Total staff movements for the period are outlined below:
Workforce Age Distribution
We are committed to creating an inclusive and diverse workforce. The ages of our workers range from 22 to 59 years with an
average age of 37 years. An aging workforce is not a threat at this time as only a few have attained the statutory early retirement
age of 55 years. The age distribution profile is as follows:
AGE CATEGORY # OF EMPLOYEES
Below 30 years 19
30 – 35 years 33
36 – 40 years 28
41 – 45 years 9
46 – 50 years 10
51 – 55 years 9
56 – 60 years 3
TOTAL 111
The data shows that 72% of the BIPA workforce fall into the to support their needs to ensure their retention. They will
generational category of millennials (employees who are below accordingly be empowered to make meaningful contributions
40 years old). This requires responsible and visionary leadership to our strategic success.
Employment Service Tenure 64% of personnel. This ensures a beneficial mix of staff with a
The Authority’s workforce tenure ranges from one 1 month to balance of institutional memory and novel insight. We are well
5 years. 36% of the workforce has an average service period of positioned to provide fertile ground for organisational renewal
4-5 years. Employees with less than 3 years of service make up and innovation.
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Employment Service tenure # of Employees
>6 years 0
4 - 5 years 40
2 - 3 years 28
1 years 20
< 1 years 23
TOTAL 111
The majority of BIPA employees have accumulated enough work experience to form a valuable knowledge base. To further build
on this, we will create platforms for experienced employees to transfer their knowledge to others.
Affirmative Action / Employment Equity Profile The 2018/19 Affirmative Action (AA) Report was submitted
BIPA remains committed to the Employment Equity Code and the outcome of the review by the Employment Equity
of Good Practice and continues to comply with Namibia’s Commission is awaited. The employment equity profile as at 31
Employment Equity and Affirmative Action Act. The CEO March 2019 for workforce distribution is as follows:
accordingly appointed the AA Committee members to facilitate
the Employment Equity requirements. The Committee met
twice and drafted the Annual AA Plan for the years 2019/2020
to 2020/2021.
Racially Racially Persons with Non- Total
disadvantaged advantaged disabilities Namibian(s)
Job Category Men Women Men Women Men Women Men Women Men Women
Executive Directors 0 0 0 0 0 0 0 0 0 0
(F- Band)
Executive 2 4 0 0 0 0 0 0 2 4
Management
(E – Band)
Middle 8 7 0 1 0 0 1 0 9 8
Management
(D- Band)
Specialized/skilled/ 3 2 0 0 0 0 0 0 3 2
Senior Supervisory
(C4 – C5)
Skilled 9 27 0 0 1 0 0 0 10 27
(C1 – C3)
Semi-Skilled 7 21 0 0 0 0 0 0 7 21
(B- Band)
Unskilled 3 3 0 0 0 0 0 0 3 3
(A- Band)
Total Permanent 32 64 0 1 1 0 1 0 34 65
Casual
Total 35 73 0 1 1 0 1 0 37 74
TOTAL WORKSPACE 111
We currently employ one disabled person and it is our goal to increase this number.
Female representation at management level (Paterson Grades D1 to F) accounts for 12% of the total BIPA workforce.
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Leave of Absence 28,971 working days, excluding weekends, and the absentee
In line with Human Capital Policies and National laws, Namibian rate was recorded at 6.0%, of which 4.08% was utilised for
employees are entitled to leave benefits. During the period annual leave. This is followed by sick leave at 0.95% and
under review, employees took more annual leave than any of compassionate leave at 0.26%.
the other types of leaves of absence. The total work time was
Type of leave No of days taken
Annual leave 1392
Sick leave 275
Compassionate leave 78
TOTAL 1743
The absenteeism rate due to sickness refers to the number of percent) utilised five hundred and four sick leave days. Effective
working days that employees took due to illness and health control measures are in place to encourage those who have
conditions. Across the workforce staff complement of one accumulated leave days, to take a break using the leave credit
hundred and eleven employees, fifty-three employees (or 47.7 days available. The aim of this is to support employees to avoid
work stress or burn-out.
Range No of Employees
1-10 days 42
11-20 days 4
21-30 days 4
31-40 days 1
41-70 days 2
TOTAL 53
This translates into an average of 9.5 sick leave days per employee. A healthy workforce will enable all employees to give their very
best, and to achieve this we rolled out a wellness program to promote a healthy lifestyle.
The liability for the total leave days as at 31 March 2019 is N$3,063,385.84.
Credit Range No of Employees
<16 days 42
17-20 days 10
21-35 days 44
36-59 days 12
>60 days 0
We have put measures in place (leave plans per Department) to minimise the leave liability and will actively engage employees
with excessive leave days to minimise this.
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Skills Development Programs required management to change the approach used to develop
We were unable to invest in skills development interventions for the draft Human Resource Development (HRD) Plan for the year
our employees, due to cashflow problems. The Board further 2018/19. The following training interventions were conducted:
Nature of Training Course(s) Course Date # of Presenter
participants
1. Public Procurement Act, 2015 11-14 June 2018 15 Ministry of Finance
1. BIPA Code of Ethics 18-21 June 2018 All BIPA employees In-house training
2. Productivity at Workplace 27 November 2018 22 Ministry of Labour
3. Training on Initiating and 25 September 2018 & 27 8 In-house training
Conducting Disciplinary Hearing November 2018
for Supervisors;
4. Policy Awareness on BIPA 28 November 2018 All BIPA employees In-house training
Disciplinary Code and Procedures
5. Performance Management 12-15 March 2019 63 In-house training
6. Supervisory Training 07 March 2019 9 In-house training
7. OHS Policy Awareness 01 February 2019 5 In-house training
Employee Engagement Initiatives (3) employees are inspired to achieve their performance goals,
During the weeks 17 September to 26 October 2018, the (4) opportunities are available to apply knowledge, skills/
Department launched an Internal Climate Survey to assess expertise and
employee-engagement. Only 50,5% of the workforce (4) colleagues take initiatives to help each other
participated in the survey which did not provide a holistic
picture representing the entire workforce. However, we Managements response was to convene a general staff meeting
utilised the results received, and identified five areas requiring in July 2018 to update employees on the corporate operational
intervention: and developmental priorities and discuss operational issues.
This was a step in the on-going journey to build an engaged
(1) unsatisfactory compensation packages workforce and instill a purpose-led culture.
(2) no authority to make decisions that affect their work,
(3) lack of career advancement opportunities, Management of Employees’ Performance
(4) lack of performance recognition from management, To foster a value added and results-oriented culture with clear
(5) no respect and trust among employees and between deliverables, management continued to plan, review and
management and employees. evaluate employees’ performance. Effective departmental
alignment with the corporate strategy ensured that
Areas of satisfaction that were highlighted include: performance objectives/targets were translated into the
(1) employees understand how their work impacts the overall individual employees’ key performance areas (KPAs).
organisational goal,
(2) employees feel they have a good working relationship with
each other,
Overall, the Authority performed at 3.40, while the average for all employees was 3.70. A comparative analysis of organisational
performance is as follows:
Organisational Performance 2017/18 FY 2018/19 FY
Corporate Scorecard (Rating score) 3.8 3.40
Departmental (Average score) 3.73 3.66
All Employees (Average score) 3.72 3.70
Employee Health and Wellness Activities
To maximise productivity performance, BIPA implemented its Annual Health and Wellness Calendar 2018/19. The following
employee health and wellness activities took place:
Nature of Health and Wellness Activities Purpose Stakeholder
1. Mountain Climbing Excursion held on 13 July 2018 in To promote physical fitness BIPA Employees
Windhoek among BIPA employees;
2. Appointment of the BIPA Sports Committee To promote and oversee the Chairperson; Treasurer;
sport activities within BIPA; Fitness Trainer;
Coordinator, and Coaches
3. Engaging external stakeholders to discuss possible To implement an Employee Ministry of Health and Social
collaboration in the areas of health / medical professional Assistance Programme Services; Ministry of Labour,
assistance to BIPA employees identified with psycho-social Industrial Relations and
problems;
Employment Creation
4. Rehabilitation session (5 weeks) To rehabilitate an employee Mental Health Clinic under the
who abused and became Ministry of Health and Social
addicted to alcohol and Services
drugs
5. Fun Run & Walk organised by the Namibia Society of To promote physical fitness BIPA Employees
Engineers (NASE) held on 23 February 2019. among BIPA employees;
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6. During a BIPA Wellness Day held on 27 February 2019 in To bring a range of health • Namibia Health Plan;
Windhoek, the following services were provided: services to BIPA employees • Massage Therapist;
i. General Screening (hypertension, diabetes, cholesterol free of charge; • Cancer Association
and body mass index (BMI). • Oral Hygienist
ii. Neck and shoulder massage; • Standard Bank Namibia
iii. Cancer Awareness;
iv. Oral Hygiene Awareness
v. Financial Wellness
7. A special session on ‘Matters of Mind’ was held on 06 To raise employee’s • Kazumba Investment cc
March 2019; awareness on relevant
psychological issues
8. Special Wellness Day and Wellness presentation in Wellness awareness • Swakopmund BIPA staff
Swakopmund
9. Awareness Session on Suicide Suicide and related issue • All BIPA staff
awareness
10. Namibia Health Plan (NHP) ‘Consolidated Risk Report’ To provide feedback on • BIPA staff
employees’ general health,
Highlighting the number of
BIPA employees at risk
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Employee Relations
BIPA ensured that the integrity of the organisation is upheld, and the following employee relational matters were addressed:
No. Nature of Offence Initiation Department Status of Hearing /
Date (mm/ Sanction
yy)
1. Misappropriation of State March 2018; Office of the CEO Case forwarded to ACC for
Funds further investigations.
2. Misappropriation of State March 2018; Finance and Administration Conciliation and Arbitration
Funds pending.
3. Unauthorised absence from July 2018; Marketing, Corporate Final Written Warning Issued;
work Communication and Client - Resigned
Management Services.
4. Unauthorised absence from July 2018; Intellectual Property Services Dismissed.
work
5. Negligence: Performing September 2018; Intellectual Property Services - Accused Employee was issued
external remunerated work with a Notice of Inquiry - Final
without permission. February 2019; Written Warning issued.
- Other case forwarded to the
ACC for further investigation.
6. Late Coming to Work; December 2018; Office of the CEO Final Written Warning issued.
To encourage an ethical and disciplined workforce, management financial and human resources for the remaining three financial
focused on introducing policy awareness education initiatives. years (2019/20 to 2021/22). The Board has since approved the
The Culture and Change Committee organised several activities Revised Strategic Plan. In the same vein, the Department assisted
to help create an engaged workforce which is united in a with the development of the draft Business and Financial Plan
common purpose and facilitated rapid organisational learning for the 2019/2020 financial year, which was approved by the
for ethical change. This is an urgent action that will continue to Minister.
receive priority.
Job Analysis Project
Strategic Planning and Review meeting Following the approval of the revised Organisational Structure
On 28 to 30 November 2018, BIPA facilitated a strategy review on 16 May 2018, various job descriptions (JDs) were reviewed,
meeting at the Namibia Institute of Public Administration and including those of newly created roles/positions. The job
Management (NIPAM) to revise the BIPA Strategic Plan (2017/18 evaluation and grading (JEG) process sought to evaluate the
to 2021/22). The meeting reviewed and re-aligned key strategic roles to determine the grading band levels and the JEG outcome
objectives, targets and initiatives to the institution’s available report was submitted to management on 19 January 2019.
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Newly Approved and Reviewed Policies and Strategies
During the reporting period, the Board approved five policies:
Nature of Policy / Strategy Approval Date
1. Succession Planning Policy; 13 August 2018
2. Attraction and Retention Policy; 13 March 2019
3. Recognition and Rewards Policy; 13 March 2019
4. Occupational Health and Safety Policy; 28 November 2018
5. Culture Change Strategy 22 November 2018
5.4.3. Highlights 5.4.4. Challenges
It is BIPAs goal to build and sustain an engaged workforce The sluggish economic climate resulted in diminished financial
who are focused on a common strategy, and the following resources which was a challenge for BIPA. Few permanent
interventions were implemented: employees were recruited even though an attrition rate of 8%
prevailed. Whilst we acknowledge the importance of upskilling
• An annual increment of 3.5% was applied. In addition, a and training our employees, we were unable to provide any
performance bonus was paid to qualifying employees; training and development interventions. This resulted in a
low morale in the organisation and management consequently
• The Board approved the Revised Organisational Structure on implemented an internal climate survey.
27 April 2018.
5.4.5. Future Endeavours
• Four (4) operational policies and revised strategies were BIPA recognises that employees’ health and well-being include
endorsed by the Executive Management Committee (EXCO) for physical, social, cultural and psychological aspects, and will
further consideration and approval by the Board of Directors; continue striving to create an improved working environment
for employees. Customised Human Capital Management policy
• An Annual Wellness Day was held on 27 February 2019 to solutions are being developed and implemented to ensure an
highlight the availability of health services for employees. engaged and motivated workforce.
5.5.Information and Communication • implement a Windows Server System
Technology • implement a Disaster Recovery Site for the ICRS
• implement an ICRS capacity building program
5.5.1. Overview • implement a Project Management capacity building program
• map all the core business processes
The ICT department manages and acquires ICT infrastructure
• implement the Data Integrity Program
and assets; and implements integrated systems to benefit both
• develop an ICT governance framework
the employees and clients of BIPA. The department consists of
four divisions:
5.5.2. Operations
Despite the resource challenges, we met the following
•The Information Systems division is responsible for business
objectives:
analysis (identifying business needs and determining solutions,
including designing technical systems design and improving
• Restructuring the ICT department to include a specialist level;
business processes); software engineering (designing,
• Revamping all the ICT job descriptions in line with the COBIT
developing, maintaining, testing and evaluating computer
(Control Objectives for Information and Related Technologies)
systems applications software, including the corporate website);
framework. COBIT is a business framework for the Governance
database administration (designing, developing, managing and
and Management of Enterprise IT;
maintaining databases) and helpdesk management (managing
• Integrating the Records Management and Archive division
the IT help desk that forms the point of contact between the IT
into the ICT department.
users and the IT departments).
• Implementing an ICRS capacity building program conducted
by SILNAM, aimed at upskilling staff from both the IT and
• The Enterprise Project Management (ERP) division is
Business Registrations Department;
responsible for project management relating to the initiating,
• Implementing a Project Management capacity building
planning, controlling and finalising of enterprise projects.
program presented by the Executive: ICT for IT personnel;
• Map all the core business processes;
• The Networks, Infrastructure and Security division is
• Implement the Data Integrity Program;
responsible for network administration (installing, maintaining
• Develop an ICT governance framework.
and upgrading the corporate computer network, including
the wide area network and internet); systems administration
(managing the reliable operation [availability and capacity]
5.5.3. Highlights
Amongst the ambitious goals outlined for the IT Department,
of computer hardware, software, servers and computers);
achieving the integrating of the ICRS with the DIDESS (Directorate
and security administration (administering and managing the
of Industrial Development Enterprise Support System) was
security of all data systems including systems and networks).
a highlight. The DIDESS is a database which integrates all the
programmes administered under the Directorate of Industrial
• The Records Management and Archiving division is responsible
Development onto a single platform. The ICRS provides
for managing the storing, retrieving, disposing and scanning of
business registration data to the DIDESS for the processing of
all intellectual property and business registration files.
SME certificates.
The departmental goals for the year under review were to:
Given the financial challenges experienced during the year, it
was with great appreciation that on 29 March 2019 we received
• implement Enterprise Resource Planning
IT equipment as a donation from the Deutsche Gesellschaft für
• implement the Model IP Office ICT Infrastructure
Internationale Zusammenarbeit (GIZ). GIZ GmbH is Germany’s
• implement a Client SMS notification system
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leading provider of international cooperation services. This
5.5.5. Future endeavours
equipment permitted the institution to upgrade its data storage,
Recognising that a solid, secure and dependable IT infrastructure
servers, networking and information security. The value of the
is crucial to ensure that the institution delivers world class
donation was N$ 3 478 970.
services to its clients the following activities are in the pipeline
for implementation:
During October/November 2018, the BIPA offices relocated
from Kamenco Haus in the Windhoek CBD to the PZN building in
• Capacitating the ICT department with personnel that
the Northern Industrial Area. One of the aims when a business
are skilled in the areas of system administration, network
relocates is the migrating of business IT systems with minimal
administration, database administration, business analysis and
disruption to operations and inconvenience to clients.
software engineering;
• Implementing on-line services through the ICSF and Model IP
It is extremely encouraging that the migration of all IT services
systems;
(ICRS, IPAS, Networking and Telephony) from the previous
• Implementing an Enterprise Resource Planning (ERP) system
premises to the current one was carried out faultlessly and with
for the automation of finance and HR processes;
minimum upheaval.
• Implementing a data integrity program to capture and scan all
business registration files, and to collect outstanding revenue
It is our goal to build a world-class technology platform, and
from clients;
continually add functionality. We successfully integrated the
• Implementing a service desk management system to automate
ICRS with the ICSF (Integrated Client Service Facility). The ICSF
incident management and service requests;
is an on-line system (hosted at MITSMED), which provides user
• Implementing a contact center system for the client
functionalities for name reservation and applications for Sole
management division;
Proprietorship, Close Corporations and Companies.
• Implementing a self-service kiosk as part of the regional roll-
out plan;
This integration will benefit clients in the following ways:
• Implementing a Disaster Recovery site for the purpose of
business continuity.
• Clients will have online enabled access to business registration
services across a wide geographical footprint on a 24/7 basis;
5.6. Risk Management
• This will provide an accelerated turn-around time of business
registration services;
5.6.1.Overview
• Clients will be able to track applications.
The Risk Management division focuses on identifying risks to
BIPA (both those that can be controlled and those that are
5.5.4. Challenges external to the organization and are therefore not controllable),
The funding constraints resulted in a number of challenges
and on the auditing functions of the company.
such as not implementing vital ICT projects; having insufficient
personnel to internally operate and administrate the existing
5.6.2. Operations
ICT Infrastructure (currently managed by third parties); having
Risk Management
a shortage of trained project management personnel to
The Risk Management Framework and Plan was reviewed and
properly manage the enterprise projects; and experiencing a
approved. The division developed a fraud prevention strategy,
lack of funding to train and certify ICT personnel on original
which was approved and implemented. It conducted its annual
manufacturers equipment.
strategic assessment, while also monitoring and reviewing risks
on a quarterly basis to ensure their effective management,
review their relevance and identify emerging risks.
Although the ultimate accountability for risk management • Entrenching the risk management process further, ensuring
rests with the Chief Executive Officer, the Finance and Audit the development of an operational risk register, and business
Committee provided oversight on the effectiveness of controls, continuity management;
risk management and governance processes. • Developing and implementing an anti-fraud strategy and plan.
Internal Control Unit 5.7. Finance and Administration
Internal Audit is an independent, objective, assurance and To ensure sustainability when the Namibian economy softened,
consulting activity. The primary function of Internal Audit is BIPA instituted austerity measures and ensured that financial
to give objective assurance to the Accounting Officer and the resources were allocated where they could deliver optimal
Finance, Risk and Audit Committee that adequate management financial returns. It was thereby able to remain solvent during
processes are in place to identify and monitor risks; and that the reporting period. The issuing of assessments notices to
effective internal controls are in place to manage the risks that clients was focused on to improve revenue generation, especially
we can control. relating to annual duties. As such the strategy concentrated on
operational budget control and cash management to create a
Internal Audit performed eight audits, which covered critical surplus for capitalisation, improved operations and to attain
and high-risk areas across all major functions within the future going-concern status. There was notable growth in
Authority. The audit raised and agreed 33 recommendations offices, assets and increased internal controls.
with management, 24 of these which were successfully
mitigated and closed. Nine actions remain outstanding. The Authority will continue to safeguard its independence and
transparency in its financial reporting and will continue applying
5.6.3. Highlights International Financial Reporting Standards.
Key success factors for the division include the development of
enabling risk management frameworks; and the implementation 5.7.1. Financial performance
of the strategic risk register and audit issues tracking mechanism. BIPA recorded a reduction of -4.46% in revenues in the current
reporting period compared to the previous period. The Authority
5.6.4. Challenges achieved an increase of 1.82% in total assets while a 15.74%
Key challenges remain understaffing and insufficient budget to increase was attained on Property, Plant and Equipment.
provide adequate assurance, risk management and investigation
services to the Authority. Despite a lower revenue than the previous period, a small
surplus of N$ 61,936 was recorded in contrast to the previous
5.6.5. Future Endeavours financial year, when a deficit of N$ 2.078 million was recorded.
Guided by our purpose, and in order to deliver a high
performance and value-added service, the focus areas for the The Authority has no external long-term debt on its books apart
new financial year will include: from current liabilities that may fall within a 12-month period.
Its overall current liabilities dropped by 26.27% in the current
• Implementing a fit-for-purpose divisional structure with year. The current ratio was 3:1 and the Acid Test Ratio was 2.3:1
skilled individuals to provide the required assurance, and to providing reasonable cover for current liabilities.
enhance governance;
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5.7.2. Income and Earnings
During the reporting period, the Authority realised a total million received as a grant from MITSMED. In the previous year
income of N$63.67 million, while in the preceding year it the Authority received N$33 million from MITSMED, resulting in
realised N$66.64 million. The income realised in the reporting a drop of 75.7% when compared to the current reporting period
period included core incomes of N$55.67 million and N$8 income. Interest received continues to increase year-on-year.
5.7.3. Government Funding
BIPA received a N$8 million grant from MITSMED in the current
reporting period, while in the preceding period the Authority
received N$ 33 million. This was a 75,7% drop in funding.
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5.7.4. Expenditure
BIPA implemented cost saving measures and achieved a 7.4%
reduction in overall operational cost.
5.7.5. Financial position
BIPA’s financial position continues to strengthen during the last
three years. However, current assets amount to 53% of the
total assets. The target in the coming financial year is to see
growth of total assets above 10%.
5.7.6. Administration 5.7.7. Future Endeavours
Administration activities increased during the year. A major We will work to achieve our common purpose through
achievement was the implementation and adherence to the innovation, and technology, and will continue to implement the
Public Procurement Act (PPA). It was possible to procure and ITS operational cost management strategy. Funds will be set
distribute all business registration related forms across a wide aside for asset capitalisation as asset growth is the main target
regional footprint and the demand was met. Budgets were and this will start with automation. The future is digital.
managed effectively with detailed reporting and communication.
Cash management was strictly controlled to the extent that we
closed with N$ 18.4 million as cash and cash equivalents.
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06.
AUDITED
FINANCIAL STATEMENTS
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