Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698751308960.pdf (Namibia)
| 1 Anual Report 2018/19 Promoting and Protecting Entrepreneurship and Innovation Annual Report 2018/19 | 2 Annual Report 2018/19 INDEX 1.

Acronyms and Abbreviations 2.

Foreword by the Chairperson 3.

Statement by the Chief Executive Officer 4.

Organisational Overview 5.

Legislative & other Mandates 6.

Board of Directors 7.

Management & Support Structure 8.

Operational & Strategic Overview 9.
Audited Financial Statements Annual Report Highlights 4 6 8 9 13 14 17 19 61 Ip training Aripo Japan Trust LIST OF ACRONYMS & ABBREVIATIONS AA Affirmative Action ARIPO African Regional Intellectual Property Organisation BIPA BR BRS CBD CC CEO COBIT CRM Business and Intellectual Property Authority Business Registrations Business Registration Services Central Business District Close Corporation Chief Executive Officer Control Objectives for Information and Related Technologies Customer Relationship Management DIDESS Directorate of Industrial Development Enterprise Support System ERP FIC Enterprise Resource Planning Financial Intelligence Centre of Namibia FRAC Finance, Risk and Audit Committee FY GAAP GIZ GLEC HRD Financial Year General Accepted Accounting Principles Deutsche Gesellschaft für Internationale Zusammenarbeit (German Society/Agency for International Cooperation) Governance, Legal and Ethics Committee Human Resource Development HRRC Human Resources and Remuneration Committee ICSF ICRS IP Integrated Client Service Facility Integrated Company Registration System Intellectual Property IPAS Industrial Property Administration System IPPR IPR Institute of Public Policy Research Intellectual Property Rights | 4 Annual Report 2018/19 | 5 ICAN ICT IT IUM JPO KPA MPE Institute of Chartered Accountants of Namibia Information and Communication Technologies Information Technology International University of Management Japan Patent Office Key Performance Areas Ministry of Public Enterprises MITSMED Ministry of Industrialisation, Trade and SME Development NAMPOL Namibian Police Force NIPA N$ Namibia Institute of Professional Accountants Namibia Dollar NCRST National Commission on Research, Science and Technology PCT Patent Cooperation Treaty PE PPE PVP ROI SME Public Enterprise Property, Plant and Equipment Plant Variety Protection Return on Investment Small and medium enterprise SMME Small, medium, and micro enterprises SOE SPPC TISC UNAM UNESCO UPOV State-Owned Enterprise Strategic Planning and Projects Committee
 Technical Innovation Support Centres University of Namibia United Nations Educational, Scientific and Cultural Organization Union for the Protection of New Varieties of Plants WIPO World Intellectual Property Organisation Annual Report 2018/19 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.
| 6 Annual Report 2018/19 | 7 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.
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.

Annual Report 2018/19 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.“ | 8 Annual Report 2018/19 | 9 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.
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.
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.
Annual Report 2018/19 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 | 10 Annual Report 2018/19 03.

ORGANISATIONAL OVERVIEW | 11 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.


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.

BIPA is also tasked with the registration of other forms Annual Report 2018/19 28 of 2004, close corporations and defensive names.

This function is not only a vital enabler of a stable and 1.4.
Values 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.
• 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 • Integrity.

We uphold the highest standards of ethical intellectual property; all • To facilitate and promote the efficient and effective registration of business and intellectual property and to 1.5.
Themes 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 • 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 societies expectations.

1.2.
1.2.

Vision Our vision is “A transformed business landscape and inspired innovation”.

1.3.

Mission To grant, register, and protect business and intellectual property rights.

the Namibian economy • Human Capital.

Developing the skills, knowledge, and training of individuals based on mutual respect, transparency and trust, to assist the institution to meet its strategic objectives.

| 12 Annual Report 2018/19 | 13 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 Business and Intellectual Property Authority Act 2016, Mandate 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.

Annual Report 2018/19 03.


BOARD OF DIRECTORS 3.1 Power The role, function and powers of the Board, its members and committees, and its relationship to other structures of BIPA are determined by law, the Governance Framework, corporate governance best practices, the enabling Act, and decisions and policies of the Board.

The Board is responsible for the strategic direction and control of BIPA and has the power to make any decision in respect of the institution.
The Board is responsible for collectively promoting and safeguarding the long-term success of BIPA.

It manages the affairs of BIPA: • In the best interests of BIPA, with due regard to the interests of its stakeholders; and • In compliance with Namibian legislation, principles of sound corporate governance and Board policies.

3.2.
3.2.

Roles and Responsibilities It is the responsibility of the Board to guide BIPA to achieve its purpose by the powers conferred on it by the enabling Act, the Board Charter and other Board decisions and policies.
• Approving the Annual Procurement Plan; • Appointing an auditor (with the consent of the Auditor 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 Board or a committee of the Board; o the management of the affairs of BIPA and execution of its function; o any matter which in terms of the BIPA Act is required or permitted to be prescribed by rules; o generally, any matter which the Board considers necessary to give effect to the objects of BIPA; • Approving policies, including those relating to remuneration and investment; • Remuneration of the CEO and Executive Management members; • Approval of BIPA’s organisational structure, including creating new positions and their grading; • Approval of Annual Reports including Annual Financial Statements.
To enable efficient management of its affairs, the Board delegates other matters to the various Board Committees and specifies the terms of reference of each Committee.

The Board Chairperson sets the ethical tone of the institution, and oversees the governance.

He provides overall leadership, overseeing the compilation of the Board plan and presides over Board meetings.

The Board delegates day-to-day management and administration of BIPA to the CEO, who is supported by executive management staff.
The CEO is accountable to the Board.

The following powers are reserved for the Board: • The power to appoint the CEO: • Approving the Annual Budget, Annual Business Plan and Strategy; 3.3.

Board Performance Assessment The BIPA Board concluded a Governance Agreement and Performance Agreement with the Minister responsible for the Registration of Business and Industrial Property, in terms of the State-owned Enterprises Governance Act, 2006 as amended by the SOE Governance Amendment Act, 2015 (Act No.
8 of 2015) and the Business and Intellectual Property Act, 2016 (Act No.

8 of 2016).

The | 14 Annual Report 2018/19 | 15 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.
3.4.

Board Training and Development The Board is committed to ensuring that it has the right balance of skills, experience and diversity and continuous training, education and development is made available to 3.5.Attendance of Board and Board Committee Meetings 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: ) s g n ti e e m d r a o B l a i c e p S 2 ( r e b m e M d r a o B ) s g n ti e e m 4 ( d r a o B t i d u A d n a k s i R , e c n a n i F ) s g n ti e e m 4 ( i e e tt m m o c i e e tt m m o C n o ti a r e n u m e r d n a e c r u o s e R n a m u H ) s g n ti e e m 3 ( i e e tt m m o C s c i h t E d n a l a g e L , e c n a n r e v o G ) s g n ti e e m 3 ( i e e tt m m o C t n e m e r u c o r p d n a s t c e j o r P , y g e t a r t S ) s g n ti e e m 4 ( Mr Riundja A. Kaakunga (Othy) Dr Martha Uumati Ms Seno Namwandi Mr Ignatius K. Thudinyane Mr Fritz C. Jacobs Ms Lovisa Indongo-Namandje Ms Chaze Nalisa 6/6 4/6 4/6 3/6 2/6 3/6 3/6 N/A ¼ N/A 4/4 4/4 N/A N/A N/A N/A N/A N/A 3/3 3/3 2/3 2/3 N/A 1/3 N/A N/A 3/3 1/3 3/4 1/4 3/4 N/A 3/4 N/A N/A Annual Report 2018/19 3.6.
BIPA Board Committees In terms of the governance framework, and in terms of delegated authority from the Board, the Board may 3.6.2.
Human Resource and Remuneration Committee (HRRC) 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 the obligation to report all material matters to the Board.

3.6.3.
3.6.3.

Governance Legal and Ethics 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).

3.6.1.

Finance, Risk and Audit Committee (FRAC) The purpose of the Finance, Risk and Audit Committee 3.6.4.
Strategic Plan and Project Committee (SPPC) 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.

| 16 Annual Report 2018/19 | 17 04.

MANAGEMENT AND SUPPORT STRUCTURE 4.1.

Office of the CEO The CEO, or the person acting in this position, is responsible for executing the operations of BIPA.
The CEO is responsible for implementing the Strategy set by the Board and ensures that: ethical and supportive organisational culture, structures and systems that enable the proper management of corporate risks and explores opportunities to enable the Authority to mitigate or minimise the risk impact.
• proper accounting and audited records are kept; • financial statements and a report on the activities of the organisation are submitted to the Minister of Industrialisation, Trade and SME Development and the Minister of Public Enterprises; • risks within the organisation are managed; • relevant legislation is complied with; • relevant technology and processes are in place; • the employees are appropriately skilled; • stakeholder relationships are effectively managed; • relevant Board approved policies are in place, and; • best practice in governance is in place.
The CEO also serves as the Registrar of Business and Industrial Property and is entrusted with the daily running of a sound entity that enhances the efficiency and effectiveness of business and IPR protection through registration in Namibia.

Together with the executive management team, the CEO guides the implementation and successful execution of BIPA’s strategic vision, objectives and activities.

4.2.

Risk Management 4.2.2.


Governance and Risk Management The Board manages the risk in conjunction with the Finance Risk and Audit Committee.

The responsibility for implementing risk management processes is devolved to line management in each department/business unit.

In addition, BIPA’s internal audit function provides independent assurance on the risk management process.

Corporate risks are identified, monitored and reviewed regularly in line with the risk management implementation plan.

4.2.3.
4.2.3.

Internal Audit Function The primary function of Internal Audit is to provide assurance to the Finance, Risk and Audit Committee that adequate management processes are in place to identify, manage and monitor risks.

Internal Audit independently audits and evaluates the effectiveness of the risk management, internal controls and governance processes.

In addition, Internal Audit provides consulting services to add value to the Authority’s operations.
Internal Audit performed audits in the following areas during the year: • Business Registration Application Process; 4.2.1.

Philosophy BIPA has developed a Risk Management Framework that guides • Records Management; • Asset and Stock Control Routine; the process of managing risks within the Authority’s operations.

An effective risk management approach focuses on having an • Human Capital and Performance Management; •Cost Control and Procurement.

Annual Report 2018/19 4.2.4.


Risk Appetite The Board approved the risk appetite as part of the overall Risk Management and implementation will be managed as part of the Enterprise Risk Management.

4.3.
4.3.

Legal Advice and Company Secretarial Service The division performs two key responsibilities for the Board and Executive Management, namely legal advisory services, and The Risk Management function is well established, and tasks related to compliance and risk management have been planned for implementation during the next financial year.
In executing the Legal Services responsibility, the office performs the following functions: • Drafting legislation; • 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 secretarial support to the Board and its committees; • Developing Board charters and Board Committee terms of • Providing advice to the Board, the office of the CEO and its business units/departments on all laws applicable to the registration and administration of Intellectual Property and 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 performance; 4.4.

Executive Management The following members held executive positions during the • Assessing Board training needs and facilitating training.
financial year 2018/2019: Position Acting Executive Officer (CEO) Executive: Human Capital Management Office Holder Selma Ambunda 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 | 18 Annual Report 2018/19 | 19 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 Neighbouring Rights Protection Act, 1994 (Act no.

6 of 1994).

What is the value of registering a 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.

Annual Report 2018/19 Industrial Designs are administered in terms of the national law (the Industrial Property Act No.1 of 2012), Harare Protocol of ARIPO and Hague Agreement of WIPO.

What is copyright?
What is copyright?

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?

An industrial design constitutes the ornamental or aesthetic creation.

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.
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.

Why are industrial designs important?


Industrial designs are what make products attractive and Works covered by copyright include, novels, poems, plays, reference works, newspapers, advertisements, computer 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 a fair return on investment.

An effective system of protection also benefits consumers and the public at large, by promoting Why is it important to protect works through copyright?

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.
rightful owner.

Copyright The Copyright Division is mandated to administer the registration and processing of copyright works in accordance with the Copyright & Neighbouring Rights Protection Act, Act No of 6 of 1994.

The division markets copyright awareness through information sharing campaigns to create understanding and promote innovation and creativity in Namibia.

It is also tasked with the vetting of copyright applications, verification and approval.
| 20 Patents The Patents Division is mandated to deal with all national applications; and administer the Harare, Patent Cooperation Treaty (PCT) and Hague applications.

The Harare Protocol allows single application of Contracting States, for the grant of patents, registration of utility models and of industrial designs protection.
The Patent Cooperation Treaty (PCT) assists applicants in seeking patent protection internationally for their inventions, helps patent Offices with their patent granting decisions, and facilitates public access to a wealth of technical 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.

Annual Report 2018/19 | 21 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.
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).

Annual Report 2018/19 Quarter National Filing No.


of Classes Regional Filing Q1 Q2 Q3 Q4 979 623 248 293 2143 979 719 488 547 2733 (ARIPO) 55 57 41 64 217 International Filing (WIPO) 279 272 332 282 1165 Total 1313 1048 861 893 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) Q1 Q2 Q3 Q4 12 21 6 18 57 14 14 22 14 64 International Filing (WIPO) 15 13 4 6 38 Total 41 48 32 38 159 National filings made up 36% of filings, regional 40% and International routes, 24%.

| 22 Annual Report 2018/19 | 23 Copyright During the period under review, the division received a total of 210 applications for copyright.
Total Number of Applications for Copyrighted Works 59 85 32 34 210 Q1 Q2 Q3 Q4 Applications verified Applications accepted Applications Rejected 59 85 32 34 210 59 83 32 34 208 0 2 0 0 2 Of the 210 applications, 179 were literary works, 28 were audio-visual, 2 were artistic works and 1 was for a musical work.

Annual Report 2018/19 Patents The Patents division received 448 applications for the financial year 2018/2019.
Quarter National Filing Regional Filing (ARIPO) Total Q1 Q2 Q3 Q4 12 14 12 5 43 133 128 141 3 405 145 142 153 3 8 43 (10%) filings were made through the national route, and 405 (90%) through regional routes.

| 24 Annual Report 2018/19 | 25 Annual Report 2018/19 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.
| 26 Annual Report 2018/19 | 27 • 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 Annual Report 2018/19 The 42nd Session of the Administrative Council of the African Regional Intellectual Property Organization (ARIPO) (19-23 November 2018, Windhoek, Namibia) Namibia proudly hosted the 42nd Administrative Council of ARIPO in Windhoek from 19-23 November 2018.
During the session, nineteen Member States of the African Regional Intellectual Property Organization (ARIPO) discussed the administrative aspects of ARIPO including the proposed budget and programme of activities for 2019.

It also looked at recommendations from the subsidiary committees and recommended amendments to the various ARIPO treaties to continually keep them responsive to development needs of member states and customer requirements.
The ARIPO Secretariat also gave an account and update of activities embarked on during the year as mandated by the Council.

WIPO/ARIPO Sub-Regional Meeting on the Development of a Sub-Regional Technology and Innovation Support Centre (TISC) Network (28-29 August 2018, Harare, Zimbabwe) Representatives of BIPA participated in the WIPO/ARIPO Sub- Regional Meeting on the Development of a Sub-Regional Technology and Innovation Support Center (TISC) Network, which took place in Harare from 28-29 August 2018.
The meeting discussed the possibility of sharing and leveraging national innovation support service strengths found in different national TISC networks in ARIPO member states.

Delegates also developed a customised awareness strategy for implementation by member states in their countries.
WIPO Training Course on Patent Search 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.
| 28 Annual Report 2018/19 | 29 ARIPO, an inter-governmental organization facilitates cooperation among member states in intellectual property matters, with the objective of pooling financial and human resources, and seeking technological advancement for economic, social, technological, scientific and industrial development.

The ARIPO Administrative Council is composed of heads of offices responsible for industrial property and copyright in Member States.
The Administrative Council has subsidiary Committees in place to administer the affairs of ARIPO.

These are the Finance, Audit, Staff Affairs and Technical Committees.

A highlight of the session was the Seminar on Plant Variety Protection (PVP), which was conducted in collaboration with the International Union for the Protection of New Varieties of Plants (UPOV).
The seminar took place on 20 November at the Safari Hotel in Windhoek and debated, inter alia, the role of an effective plant variety protection system in addressing food security and climate change.

Representatives from Kenya and Vietnam shared experiences, while a panel debated issues affecting regions.
Another highlight was the High-Level Panel Discussion on Intellectual Property and Innovation under the theme: Strengthening the Business Competitiveness of SME’s in Africa, which took place on 21 November 2018.

The panel acknowledged that, in the global knowledge-based economy, there is increasing recognition that intellectual property (IP) and innovation are two important contributory factors for economic, social and cultural development, building competitiveness of industries as well as enhancing trade.
The panellists discussed the relevance of IP for SME’s to boost industrial competitiveness and enhanced agricultural productivity; and shared knowledge about the national, regional and international legal and institutional frameworks that facilitate the use of the IP system for wealth creation.
The evening of 21 November 2018 saw the celebration of the 10th-year Anniversary of Japan Funds in Trust Gala Dinner, organised in collaboration with the World Intellectual Property Organization (WIPO) and the Japan Patent Office (JPO).
Annual Report 2018/19 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 Representatives (6 December 2018, Windhoek, Namibia) BIPA, on 6 December 2018, held a consultative meeting with The WIPO Regional Seminar on the Patent Cooperation Treaty (PCT) and PATENTSCOPE for African Countries (10- 12 December 2018, Kigali, Rwanda) 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.

| 30 Annual Report 2018/19 | 31 on the meeting Consultation implementation of the Industrial Property Act, 2012 with IP agents (20 February 2019) The Industrial Property Act, 2012 came into effect on the 1st August 2018.
The Act provides for the granting, protection and administration of Patents, Utility Models, Industrial Designs and Trademarks in Namibia.

It also provides for the registration of Industrial Property agents and the establishment of an Industrial Property Tribunal.

Following the proclamation of the Act, BIPA met with IP Agents and stakeholders on 20 February 2019 to discuss matters that were not clear in the Act and Regulations.
Participants also used the platform to clarify issues relating to the administration of the Act.

IP through Strategic Promoting the Partnerships by Technology and Innovation Support Centre (TISC) Network (25 March 2019, Windhoek, Namibia) establishing In fulfilling its mandate to promote the value of Intellectual Property in Namibia, BIPA signed agreements with leading institutions to establish the Technology and Innovation Support Centre (TISC) Network.

This took place on 25 March 2019.


The agreement sets out the activities, composition and organisation of the TISC Networks, and the conditions governing implementation and management.
The agreements were signed at an official ceremony at the BIPA headquarters between the Acting CEO of BIPA, Selma 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).

Annual Report 2018/19 | 32 Annual Report 2018/19 | 33 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 theoretical concept to be an instrument to increase economic development and growth in Namibia.

This transformation will 5.2. Business Registration 5.2.1.
Overview 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.
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.

5.1.5.

Future Endeavours 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; Act of 2016, mandates BIPA to regulate and administer the registration of businesses under the applicable legislation as follows: DOMAIN Company Registrations Close Corporations Companies and Close Corporations NATIONAL LEGISLATION 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.

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.

The Financial Intelligence Act, 2012 (Act 13 of 2012).
In terms of Section 4 of the FIA, the Registrar of Companies and Close Corporations Annual Report 2018/19 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 was accomplished by developing and implementing a marketing strategy to increase the number of new business applications.

5.2.2.

Applications and Processing BIPA processes applications for the registration of companies (including Associations not for Gain), close corporations and We were assisted by Marketing and Corporate Communications.
• ensure legislative alignment to National, Regional and International obligations through the amendment and harmonisation of the Companies and Close Corporations Acts; • commence a data cleaning project to improve the quality of data and ensure data assurance on the BRS database; • implement audit and risk recommendations relating to data integrity and the verification of information submitted by clients; • capacitate the BR department by filling key identified positions.
The goals that were set at the beginning of the year were achieved with differing levels of success.

In the absence of a Customer Relationship Management (CRM) System, the department, together with Marketing and Corporate defensive names.

It also processes applications for amendments, deregistration and restoration of entities as prescribed.
During the period under review, the Authority received and processed a total of 205,402 business registration and related transactions compared to 95,962 in the 2017/18 Financial Year.

A total of 28,158 Name Reservations were approved in FY 2018/19, compared to 28,471 in FY 2017/18.

12% of the Name Reservations applications were received via the online portal.
The Authority received and processed a total of 45 518 new business registration applications for the 2017/18 financial year; a decline of 22% in comparison with the 2016/17 financial year where 58 494 new applications were received.

The 2018/19 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.

Our objective to increase the number of new applications saw an Of the new applications received in 2018/19, 52% were registered within the three days specified by the Ministry’s 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% decline for 2017/18.

We are aware of the importance of having a modernised legal framework within which to operate and have commenced amending the Close Corporations Act.
Unfortunately, time constraints arose during the period under review, especially in The shortfall in reaching the target can be attributed to the higher volume of applications received, specifically during the fishing rights period that also saw a surge in applications for the amendment of Close Corporations of 606 (24%) from 2,503 applications in 2017/18 to 3,109 in for the same period.
Additionally, the protracted process of dealing with regional applications further contributed to the target not being met.

| 34 Annual Report 2018/19 5.2.3.

Highlights BIPA wishes to highlight the following: First steps at decentralisation Having opened an office in Swakopmund in February 2018, we are on track with our decentralisation strategy.

The | 35 which created an additional and unforeseen workload for the Authority.
The Authority registered a total of 1,139 Companies in August 2018, in comparison with the same period in 2017 when only 109 Companies were registered.

This is a gigantic 944% rise.

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 Following the Government’s announcement of the fishing rights application period, we registered a total of 2,284 Companies and 3,179 Close Corporations during the period 01 May to 31 August 2018 as well as 3,109 Close Corporation Amendments.
A mandatory requirement to apply for the fishing rights required that applicants have a registered Proprietary Limited Company, BIPA, in collaboration with the Ministry of Industrialisation, Trade and SME Development’s Namibia Investment Centre, accelerated preparations for the implementation of business registration services on the Integrated Client Service Facility (ICSF) platform.

The development of the platform is on track and user acceptance testing has commenced.
We have planned for the following functions during the next financial year: Name Reservations, Close Corporation, and Defensive Name applications.

Annual Report 2018/19 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.
Stakeholder engagement In fulfilling the strategic goal of enhancing stakeholder relations, BIPA frequently engaged business consultants and other stakeholders.

Meetings were conducted with NIPA, ICAN, FIC, business consultants and accounting officers.

These meetings focused on introducing and discussing the launching of the imminent online services, proposed legislative reviews and to obtain feedback on service delivery.
A successful engagement took place on 7 March 2019, when more than a hundred consultants and stakeholders met with the Executive: Business Registrations, to discuss issues of mutual concern.

The Executive provided clarity on topics such as 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 of Public Policy Research.
The discussions were productive and this engagement bolstered BIPAs role as a key role-player in contributing to Namibia’s economic growth.

Representing Namibia’s young entrepreneurs, the Executive: BRS outlined the business registration services to approximately eighty entrepreneurs at two separate events organized by the Ministry of Gender Equality and Child Welfare and Redbull Amaphiko Connect.
The objective was to coach the entrepreneurs on types of entities, legal registration requirements and registration processes.

Feedback from these sessions was used to develop and implement critical operational changes to achieve an improved customer experience.

| 36 Annual Report 2018/19 | 37 Annual Report 2018/19 5.2.4.

Challenges 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 that acceptable turn-around times have not been achieved and has embarked on a re-engineering process to achieve this goal.

Key impediments to reducing turn-around times are a lack of sufficient human resources, inadequate finances and dated IT systems.

We are experiencing a shortage of personnel to successfully 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 Industrial Development Department (MITSMED) to deliver services in the regions which is a challenge for BIPA to meet its turnaround times when serving regional clients.

We, however, remain appreciative of MITSMED’s support to clients outside of Windhoek.

Companies Registration System (ICRS) by achieving 65% on Business Registrations Data Completeness by 31 March 2020.

5.3.
5.3.

Records and Archives Management 5.3.1.

Overview The Record and Archives department manages all documents and records relating to business and IP registrations.

Accurate and precise management of the records is vital to ensure regulatory compliance, managing risk and ensuring business continuity.

This will further enhance records preservation, disposition, archiving and knowledge-sharing.

5.3.2.
5.3.2.

Operations BIPA obtained endorsement of the Records Management Policy in March 2018 and managed 220 352 records in storage at The Document Warehouse.

Clients requested 13 457 files for business purposes and 2 187 files were scanned as part of the digitization process.

5.2.5.
5.2.5.

Future Endeavours As a major role player in the trade industry, BIPA is part of the team involved in the development and implementation of the Integrated Client Service Facility (ICSF) project for Namibia steered by the Ministry of Industrialisation, Trade and SME Development.

We are look forward to the launch of the platform scheduled for later in 2019.

The digitization process (known as the Data Integrity Project) is funded by the Deutsche Gesellschaft Für Internationale Zusammenarbeit (GIZ).
It was introduced in 2018 to ensure that all the data on the Integrated Company Registration System (ICRS) is correct and up to date.

An additional aim is to ensure that all records are transferred to an electronic database to support the effective collection of annual duties.

During the 2019/20 Financial Year, BIPA plans to: • commence with the implementation of the decentralisation plan, in partnership with the Ministry of Industrialization, Trade and SME Development.
The plan envisages operationalising 6 regional offices during the financial year.

The digitization project included the file plan being approved by the National Archives in January 2019.

In line with the Records Management Regulatory Framework and BIPA’s Risk Register, an approved file plan by the National Archives was mandatory to ensure the effective managing of administrative records within BIPA.

• in partnership with ICT, re-engineer and automate the core business processes.
The processes earmarked for automation are Company Registrations, Close Corporation Registrations, Defensive Name Registrations, Name Reservations and Close Corporation Amendments.

The main purpose for having a file plan is to ensure that documents and records are filed in a consistent manner to enable the efficient retrieving of documents.

This is also assigned document life-cycle retention information.

• ensure accuracy of business information on the Integrated | 38 Annual Report 2018/19 | 39 5.3.3.
Highlights The implementation of the Data Integrity Project constitutes to the National Archives of Namibia for approval by 2020.
The schedule will promote control over the organisation’s records; the main highlight for BIPA as it holds the following benefits for both the authority and its clients: • offering files to the clients in digital format will provide more flexibility and speed when delivering the service resulting in higher client satisfaction; • files will be delivered securely over the world wide web so protect vital information which the organisation needs to function effectively; provide clear guidance on the retention and disposal of specific and general categories of information; enable the confident disposal of records which are no longer needed; and ensure information which is subject to Freedom 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; Subsequent phases of the project include the provision of an Online Portal Solution which will enable clients, agents and authorities to browse for and obtain files according to their entitlement.

5.3.4.

Challenges BIPA’s current archiving and records management system is manual resulting in several challenges arising in regard to monitoring and managing of files that were requested and consequently the security and safety of these files.
We do not yet have an endorsed business continuity plan for 5.4.

Human Capital Management 5.4.1.

Overview The success of BIPA’s operations are dependent on the skills and commitment of its human resources.

It is our philosophy that we will have the right people in the right roles doing the right value-adding work at the right time, with clear deliverables that increase capability and effectiveness.
Through the activities of the Department for Human Capital Management, the institution aims to fulfil the strategic objective of Human Capital Development as identified in the Corporate Strategy 2017-2022.

This will be achieved through developing the collective skills, 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.

5.3.5.


Future Endeavours In the light of the challenges experienced during the past financial year, BIPA will address the following immediate concerns: • Identifying vital records, notably files, for closed and deregistered businesses; • Conducting information audits, and ensuring the ability to sell 5.4.2.
Operations Recruitment, Resignations and Staff Movements During the reporting period, BIPA employed a total number of one-hundred-and-eleven employees in its workforce, of which ninety-nine were employed on a permanent basis and twelve were temporary employees.

Due to the moratorium on hiring which was implemented to ensure sustainability during the economic recession, only fourteen permanent positions were 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 Annual Report 2018/19 Position’s Name 1.

Cashier 2.

Legal Officer 3.


Human Capital Practitioner: Recruitment & Remuneration Grade Department Start Date B3 C3 C4 Finance & Administration 03/09/2018 Legal & Company Secretary 01/02/2019 Human Capital Management 01/03/2019 4.

Senior Business Registration and Property Officer Intellectual D2 Intellectual Property 10/04/2018 5.

Human Capital Practitioner: OD, Performance Management and Training 6.

Manager: Client Management Services 7.

Administrative Assistant C4 D3 B4 8.


Manager: Marketing & Corporate Communication D3 9.

Human Capital Practitioner: Employee Relations C4 Human Capital Management Marketing and Client Management 23/04/2018 04/06/2018 Intellectual Property 05/03/2019 Marketing and Client Management Human Capital Management 01/11/2018 04/07/2018 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 1.

Temp - Data Capturer Information & Communication Technology # of temporary employees 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 Development & Management 3.

Bachelor of Technology in Accounting and Finance International University of Management (IUM) 3-Months University of Science and Technology (NUST); 3-Months 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 | 40 Annual Report 2018/19 | 41 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 2.

Manager: Marketing & Corporate Communication 3.

Human Capital Practitioner: Employee Relations 4.


Human Capital Practitioner: Recruitment & Remuneration 5.

IP Officer: Copyrights 6.

Client Management Services Consultant 7.

Personal Assistant 8.

Cleaner 9.
Executive: Human Capital Management F D3 C4 C4 C3 C2 C1 A2 E2 Office of the CEO Marketing & Corporate Communication Fixed Term Contract Permanent Expiry of Contract Resignation Human Capital Management Human Capital Management Permanent Resignation Permanent Resignation Intellectual Property Permanent Dismissal Marketing & Client Services Permanent Resignation Legal and Company Secretary Services Finance & Administration Human Capital Management Permanent Resignation Fixed Term Contract Permanent End of Contract Resignation Total staff movements for the period are outlined below: Annual Report 2018/19 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 Below 30 years 30 – 35 years 36 – 40 years 41 – 45 years 46 – 50 years 51 – 55 years 56 – 60 years TOTAL # OF EMPLOYEES 19 33 28 9 10 9 3 111 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.
| 42 Annual Report 2018/19 Employment Service tenure # of Employees | 43 >6 years 4 - 5 years 2 - 3 years 1 years < 1 years TOTAL 0 40 28 20 23 111 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.
Annual Report 2018/19 Racially disadvantaged Men Women Men Women Men Women Men Women Men Women Persons with disabilities Non- Namibian(s) Racially advantaged Total Job Category Executive Directors (F- Band) Executive Management (E – Band) Middle Management (D- Band) Specialized/skilled/ Senior Supervisory (C4 – C5) Skilled (C1 – C3) Semi-Skilled (B- Band) Unskilled (A- Band) 0 2 8 3 9 7 3 0 4 7 2 27 21 3 Total Permanent 32 64 Casual Total 35 73 10 27 7 3 21 3 34 65 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.

| 44 Annual Report 2018/19 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 | 45 Type of leave Annual leave Sick leave Compassionate leave TOTAL No of days taken 1392 275 78 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 Range 1-10 days 11-20 days 21-30 days 31-40 days 41-70 days TOTAL work stress or burn-out.
No of Employees 42 4 4 1 2 53 Annual Report 2018/19 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 <16 days 17-20 days 21-35 days 36-59 days >60 days No of Employees 42 10 44 12 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.
| 46 Annual Report 2018/19 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: | 47 Nature of Training Course(s) Course Date 1.

Public Procurement Act, 2015 11-14 June 2018 # of participants 15 Presenter 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 3.

Training on Initiating and Conducting Disciplinary Hearing for Supervisors; 4.

Policy Awareness on BIPA Disciplinary Code and Procedures 25 September 2018 & 27 November 2018 22 8 Ministry of Labour In-house training 28 November 2018 All BIPA employees In-house training 5.

Performance Management 12-15 March 2019 6.

Supervisory Training 07 March 2019 7.


OHS Policy Awareness 01 February 2019 63 9 5 In-house training In-house training In-house training Employee Engagement Initiatives During the weeks 17 September to 26 October 2018, the (3) employees are inspired to achieve their performance goals, (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 utilised the results received, and identified five areas requiring intervention: (1) unsatisfactory compensation packages (2) no authority to make decisions that affect their work, (3) lack of career advancement opportunities, (4) lack of performance recognition from management, (5) no respect and trust among employees and between management and employees.
Areas of satisfaction that were highlighted include: Managements response was to convene a general staff meeting in July 2018 to update employees on the corporate operational and developmental priorities and discuss operational issues.

This was a step in the on-going journey to build an engaged workforce and instill a purpose-led culture.
Management of Employees’ Performance To foster a value added and results-oriented culture with clear deliverables, management continued to plan, review and evaluate employees’ performance.

Effective departmental alignment with the corporate strategy ensured that 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, Annual Report 2018/19 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 Corporate Scorecard (Rating score) Departmental (Average score) All Employees (Average score) Employee Health and Wellness Activities 2017/18 FY 2018/19 FY 3.8 3.73 3.72 3.40 3.66 3.70 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 1.
Mountain Climbing Excursion held on 13 July 2018 in Windhoek To promote physical fitness among BIPA employees; Stakeholder BIPA Employees 2.

Appointment of the BIPA Sports Committee 3.

Engaging external stakeholders to discuss possible collaboration in the areas of health / medical professional assistance to BIPA employees identified with psycho-social problems; 4.
Rehabilitation session (5 weeks) To promote and oversee the sport activities within BIPA; To implement an Employee Assistance Programme To rehabilitate an employee who abused and became addicted to alcohol and drugs Chairperson; Treasurer; Fitness Trainer; Coordinator, and Coaches Ministry of Health and Social Services; Ministry of Labour, Industrial Relations and Employment Creation Mental Health Clinic under the Ministry of Health and Social Services 5.
Fun Run & Walk organised by the Namibia Society of Engineers (NASE) held on 23 February 2019.

To promote physical fitness among BIPA employees; BIPA Employees | 48 Annual Report 2018/19 | 49 6.

During a BIPA Wellness Day held on 27 February 2019 in Windhoek, the following services were provided: i.

General Screening (hypertension, diabetes, cholesterol and body mass index (BMI).

ii.

Neck and shoulder massage; iii.

Cancer Awareness; iv.


Oral Hygiene Awareness v. Financial Wellness To bring a range of health services to BIPA employees free of charge; • Namibia Health Plan; • Massage Therapist; • Cancer Association • Oral Hygienist • Standard Bank Namibia 7.

A special session on ‘Matters of Mind’ was held on 06 March 2019; To raise employee’s awareness on relevant psychological issues • Kazumba Investment cc 8.

Special Wellness Day and Wellness presentation in Swakopmund 9.

Awareness Session on Suicide 10.
Namibia Health Plan (NHP) ‘Consolidated Risk Report’ Wellness awareness • Swakopmund BIPA staff Suicide and related awareness issue • All BIPA staff To provide feedback on employees’ general health, Highlighting the number of BIPA employees at risk • BIPA staff Annual Report 2018/19 | 50 Annual Report 2018/19 | 51 Annual Report 2018/19 Employee Relations BIPA ensured that the integrity of the organisation is upheld, and the following employee relational matters were addressed: No.
Nature of Offence Misappropriation of State Funds Misappropriation of State Funds Initiation Date (mm/ yy) March 2018; Department Office of the CEO March 2018; Finance and Administration Unauthorised absence from work July 2018; Marketing, Corporate Communication and Client Management Services.

Status of Hearing / Sanction Case forwarded to ACC for further investigations.

Conciliation and Arbitration pending.


Final Written Warning Issued; - Resigned Unauthorised absence from work Negligence: Performing external remunerated work without permission.

July 2018; Intellectual Property Services Dismissed.

September 2018; Intellectual Property Services February 2019; - Accused Employee was issued with a Notice of Inquiry - Final Written Warning issued.

- Other case forwarded to the ACC for further investigation.

1.

2.

3.

4.

5.

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.
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.
| 52 Annual Report 2018/19 | 53 Newly Approved and Reviewed Policies and Strategies During the reporting period, the Board approved five policies: Nature of Policy / Strategy 1.

Succession Planning Policy; 2.

Attraction and Retention Policy; 3.

Recognition and Rewards Policy; Approval Date 13 August 2018 13 March 2019 13 March 2019 4.

Occupational Health and Safety Policy; 28 November 2018 5.

Culture Change Strategy 22 November 2018 5.4.3.


Highlights It is BIPAs goal to build and sustain an engaged workforce 5.4.4.

Challenges 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.

• Four (4) operational policies and revised strategies were 5.4.5.
Future Endeavours 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.

Annual Report 2018/19 5.5.Information and Communication Technology 5.5.1.

Overview The ICT department manages and acquires ICT infrastructure and assets; and implements integrated systems to benefit both the employees and clients of BIPA.
The department consists of four divisions: •The Information Systems division is responsible for business • implement a Windows Server System • implement a Disaster Recovery Site for the ICRS • implement an ICRS capacity building program • implement a Project Management capacity building program • map all the core business processes • implement the Data Integrity Program • develop an ICT governance framework 5.5.2.
Operations Despite the resource challenges, we met the following analysis (identifying business needs and determining solutions, objectives: including designing technical systems design and improving business processes); software engineering (designing, developing, maintaining, testing and evaluating computer systems applications software, including the corporate website); database administration (designing, developing, managing and maintaining databases) and helpdesk management (managing the IT help desk that forms the point of contact between the IT • Restructuring the ICT department to include a specialist level; • Revamping all the ICT job descriptions in line with the COBIT (Control Objectives for Information and Related Technologies) framework.
COBIT is a business framework for the Governance and Management of Enterprise IT; • Integrating the Records Management and Archive division users and the IT departments).

into the ICT department.

• The Enterprise Project Management (ERP) division is responsible for project management relating to the initiating, planning, controlling and finalising of enterprise projects.
• The Networks, Infrastructure and Security division is responsible for network administration (installing, maintaining and upgrading the corporate computer network, including the wide area network and internet); systems administration (managing the reliable operation [availability and capacity] of computer hardware, software, servers and computers); and security administration (administering and managing the security of all data systems including systems and networks).
• The Records Management and Archiving division is responsible for managing the storing, retrieving, disposing and scanning of all intellectual property and business registration files.
The departmental goals for the year under review were to: • implement Enterprise Resource Planning • implement the Model IP Office ICT Infrastructure • implement a Client SMS notification system | 54 • Implementing an ICRS capacity building program conducted by SILNAM, aimed at upskilling staff from both the IT and Business Registrations Department; • Implementing a Project Management capacity building program presented by the Executive: ICT for IT personnel; • Map all the core business processes; • Implement the Data Integrity Program; • Develop an ICT governance framework.
5.5.3.

Highlights Amongst the ambitious goals outlined for the IT Department, achieving the integrating of the ICRS with the DIDESS (Directorate of Industrial Development Enterprise Support System) was a highlight.

The DIDESS is a database which integrates all the programmes administered under the Directorate of Industrial Development onto a single platform.

The ICRS provides business registration data to the DIDESS for the processing of SME certificates.
Given the financial challenges experienced during the year, it was with great appreciation that on 29 March 2019 we received IT equipment as a donation from the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ).

GIZ GmbH is Germany’s Annual Report 2018/19 | 55 leading provider of international cooperation services.

This equipment permitted the institution to upgrade its data storage, servers, networking and information security.

The value of the donation was N$ 3 478 970.

5.5.5.
5.5.5.

Future endeavours Recognising that a solid, secure and dependable IT infrastructure is crucial to ensure that the institution delivers world class services to its clients the following activities are in the pipeline During October/November 2018, the BIPA offices relocated from Kamenco Haus in the Windhoek CBD to the PZN building in the Northern Industrial Area.
One of the aims when a business relocates is the migrating of business IT systems with minimal disruption to operations and inconvenience to clients.

It is extremely encouraging that the migration of all IT services (ICRS, IPAS, Networking and Telephony) from the previous premises to the current one was carried out faultlessly and with minimum upheaval.

It is our goal to build a world-class technology platform, and continually add functionality.
We successfully integrated the ICRS with the ICSF (Integrated Client Service Facility).

The ICSF is an on-line system (hosted at MITSMED), which provides user functionalities for name reservation and applications for Sole Proprietorship, Close Corporations and Companies.
for implementation: • Capacitating the ICT department with personnel that are skilled in the areas of system administration, network administration, database administration, business analysis and software engineering; • Implementing on-line services through the ICSF and Model IP systems; • Implementing an Enterprise Resource Planning (ERP) system for the automation of finance and HR processes; • Implementing a data integrity program to capture and scan all business registration files, and to collect outstanding revenue from clients; • Implementing a service desk management system to automate incident management and service requests; • Implementing a contact center system for the client management division; • 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 • Clients will have online enabled access to business registration business continuity.
services across a wide geographical footprint on a 24/7 basis; • This will provide an accelerated turn-around time of business 5.6.

Risk Management registration services; • Clients will be able to track applications.

5.5.4.
5.5.4.

Challenges The funding constraints resulted in a number of challenges such as not implementing vital ICT projects; having insufficient personnel to internally operate and administrate the existing ICT Infrastructure (currently managed by third parties); having a shortage of trained project management personnel to properly manage the enterprise projects; and experiencing a lack of funding to train and certify ICT personnel on original manufacturers equipment.
5.6.1.Overview The Risk Management division focuses on identifying risks to BIPA (both those that can be controlled and those that are external to the organization and are therefore not controllable), and on the auditing functions of the company.

5.6.2.

Operations Risk Management The Risk Management Framework and Plan was reviewed and approved.

The division developed a fraud prevention strategy, which was approved and implemented.
It conducted its annual strategic assessment, while also monitoring and reviewing risks on a quarterly basis to ensure their effective management, review their relevance and identify emerging risks.
Annual Report 2018/19 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 Internal Audit is an independent, objective, assurance and 5.7.

Finance and Administration 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 5.6.3.

Highlights Key success factors for the division include the development of enabling risk management frameworks; and the implementation of the strategic risk register and audit issues tracking mechanism.

5.6.4.
5.6.4.

Challenges Key challenges remain understaffing and insufficient budget to provide adequate assurance, risk management and investigation transparency in its financial reporting and will continue applying International Financial Reporting Standards.

5.7.1.

Financial performance BIPA recorded a reduction of -4.46% in revenues in the current reporting period compared to the previous period.
The Authority achieved an increase of 1.82% in total assets while a 15.74% increase was attained on Property, Plant and Equipment.

services to the Authority.

Despite a lower revenue than the previous period, a small 5.6.5.

Future Endeavours Guided by our purpose, and in order to deliver a high surplus of N$ 61,936 was recorded in contrast to the previous financial year, when a deficit of N$ 2.078 million was recorded.
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; | 56 Annual Report 2018/19 | 57 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.

Annual Report 2018/19 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.

| 58 Annual Report 2018/19 5.7.4.

Expenditure BIPA implemented cost saving measures and achieved a 7.4% reduction in overall operational cost.

| 59 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%.

Annual Report 2018/19 5.7.6.

Administration Administration activities increased during the year.

A major 5.7.7.

Future Endeavours 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.

| 60 Annual Report 2018/19 06.
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