N$6.00 WINDHOEK - 11 September  2019 No. 6993GOVERNMENT GAZETTE
OF THE 
REPUBLIC OF NAMIBIA
CONTENTS
Page
GOVERNMENT NOTICE
No. 259 Cement Regulations: Standards Act, 2005  ............................................................................................  1
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Government Notice
MINISTRY OF INDUSTRIALISATION, TRADE AND SME DEVELOPMENT
No. 259 2019
CEMENT REGULATIONS: STANDARDS ACT, 2005
Under section 34(1)(d) of the Standards Act, 2005 (Act No. 18 of 2005), after consultation with the 
Namibian Standards Institution, I -
(a) have made the regulations, compliance with which has been made compulsory in terms of 
section 20(6) of that Act, as set out in the Schedule; and
(b) determine that the regulations come into effect on 11 November 2019.
T. TwEYAMINISTER OF INDUSTRIALISATION, TRADE AND SME DEVELOPMENT
SCHEDULE
ARRANGEMENT OF REGULATIONS
1.	 Definitions2. Purpose of regulations
3. Requirements for cement2 Government Gazette 11 September  2019 6993
4. Requirements for registration of manufacturing facility
5. Cement manufacturer in Namibia
6. Cement manufacturer outside Namibia
7.	 Modification	of	requirements
8. Mutual recognition agreement
9. Surveillance10. Mark of conformity
Annexure 1:  Markings that must appear on packing
Annexure 2:  Application process
Annexure 3:  Application process under mutual recognition agreement
Definitions
 1.  In these regulations, a word or an expression to which a meaning has been given in 
the Act has that meaning, and unless context otherwise indicates -“applicant” means a manufacturer or an importer who applies for the registration of a manufacturing 
facility under these regulations;
“cement” means a hydraulic binder used for construction purposes as described in NAMS/EN 197-1;“certification	 body”	means	a	body	that	is	recognised	 or	appointed	 in	a	foreign	country,	that	assesses	
the manufacturer or the importer, and the conformity of cement in accordance with the standards 
provided for in these regulations;
“certificate	 of	conformity”	 means	a	document	 issued	by	the	NSI	attesting	that	the	quality	or	safety	of	
the products conforms to the requirements of NAMS/EN 197-1;“common cement” means any one of the 27 types of cement listed in Table 1 of NAMS/EN 197-1;
 “importer” means a person who imports cement into Namibia;
“intermediary”	 means	a	person	who	takes	from	the	manufacturer	 or	the	importer,	 certified	cement	
bearing the conformity mark and, takes full responsibility for maintaining, in a cement handling 
facility, all aspects of the quality of the cement and who supplies the cement onwards to another person;
“licence” means an authorisation given to a foreign cement manufacturer by the NSI to import 
cement products into Namibia; “manufacturer” means an entity, including a factory that produces, blends or packages cement;
“mutual recognition agreement” means an agreement under which two or more countries or 
conformity assessment bodies agree to recognise one another’s conformity assessments procedures and results;
“NAMS/EN 197-1” means the latest edition of the Namibian Standard titled ‘Cement - Part 1: 
Composition,	Specification	and	Conformity	Criteria	for	Common	Cements’,	issued	by	the	NSI;
“NAMS/EN 197-2” means the latest edition of the Namibian Standard titled ‘Cement - Part 2: 
Conformity Evaluation’, issued by the NSI;
“prescribed fee” means the relevant fee payable by the applicant to NSI for service rendered or to 
be rendered in accordance with this regulations, and such fee is set out in the Rules Relating to Fees 6993 Government Gazette 11 September  2019 3
for Services Rendered by the Namibian Standards Institution published in General Notice No. 190 
of 22 May 2018;
“regulator” means the NSI, which is the institution that has the authority to monitor the cement 
industry in Namibia for the purpose of ensuring compliance with these regulations;
“standard” means a document approved by the NSI or a body recognised in another country, which 
provides for common and repeated use, rules, guidelines or characteristics for products or related processes and production methods, with which compliance is not mandatory and for the purpose of these regulations, a standard includes the NAMS/EN 197-1 and NAMS/EN 197-2;
“sulfate resisting common cement” means one of the seven products in the family of sulfate resisting 
common cements listed in Table 2 of NAMS/EN 197-1;
“the Act” means the Standards Act, 2005 (Act No. 18 of 2005); and“trade” includes to sell, distribute, exchange or otherwise deal in cement in return for anything of 
value.
Purpose of regulations 2.  The purpose of these regulations is to - 
(a) lay down product characteristics or their related processes and production methods, 
including the applicable administrative provisions with which compliance is mandatory; 
(b) include the terminology, symbols, packaging, marking or labelling requirements as they apply to a product, process or production process; and
(c) compel an importer or intermediary to meet the requirements of an intermediary as	defined	in	Clause	9	of	NAMS/EN	 197-2	which	deals	with	the	requirements	 for	
dispatching centres.
Requirements for cement 
 3. (1) A person may not trade in cement in Namibia or import cement into Namibia, 
unless that cement complies with the requirements of NAMS/EN 197-1.  (2) A person who trades in or imports cement that does not comply with the requirements 
in	subregulation	 (1)	commits	an	offence	and	on	conviction 	is	liable	to	a	fine	not	exceeding	 N$5	000	
or	to	imprisonment	 for	a	period	not	exceeding	 six	months,	or	both	such	fine	and	such	imprisonment.
 (3) A manufacturer or an importer must apply to the regulator, on a form obtainable 
from	the	regulator	 and	pay	the	prescribed	 fee,	for	the	certification	 of	each	cement	type	and	strength	
class of such cement intended for use in Namibia. (4)  An application made under subregulation (3) must follow the procedure illustrated 
in Annexure B of NAMS/EN 197-2.	 (5)	 If	 the	regulator	 is	satisfied	that	the	cement	conforms	 to	the	requirements	 of	NAMS/
EN 197-1, the regulator must issue a -
 
(a)	 certificate	 of	conformity	 for	cement	manufactured 	in	Namibia,	 in	terms	of	Clause	8	
of NAMS/EN 197-2, if the requirements of regulation 5(5) are met; or4 Government Gazette 11 September  2019 6993
(b) licence for cement manufactured outside Namibia, if the requirements of regulation 
6(5) are met.
	 (6)	 The	 certificate	 of	conformity	 or	licence,	issued	under	subregulation	 (5),	remains	
effective for three years, as long as the cement continues to conform to the requirements mentioned in that subregulation in any subsequent conformity test.
	 (7)	 The	 regulator	 may	cancel	the	certificate	 of	conformity	 or	licence,	if	the	cement	no	
longer conforms to the requirements of NAMS/EN 197-1. (8) The manufacturer or importer must ensure that the cement packaging -
(a) is marked in accordance with the requirements of the latest edition of the SADCMEL 
Document 1 and Document 4; and
(b) meets all the requirements in Annexure 1.
 (9) The manufacturer or importer must take corrective action as stipulated in Clause 
4.3.2 of the NAMS/EN 197-2 and immediately report to the regulator any failure to conform to the requirements of these regulations.
 (10) A report under subregulation (9) must -
(a) be in written form; and
(b) contain the details of the failure of conformity of whatever nature.
	 (11)	 The	 regulator	 must	be	kept	informed	 of	any	corrective	 actions	and	findings	the	
manufacturer	or	importer	takes	or	finds	to	address	the	failure	to	conform. (12) A manufacturer or an importer who fails to comply with the requirements of  
subregulation	 (8)	commits	an	offence	and	on	conviction	 is	liable	to	a	fine	not	exceeding	 N$5	000	or	
to	imprisonment	 for	a	period	not	exceeding	 six	months,	or	to	both	such	fine	and	such	imprisonment.
Requirements for registration of manufacturing facility 4.  (1) A manufacturer or an importer on behalf of a manufacturer must apply to 
the regulator, on a form obtainable from the regulator and pay the prescribed fee, for registration of 
the manufacturing facility to ensure conformity to the standards set out in the NAMS/EN 197-1 and NAMS/EN 197-2.  (2) The application referred to in subregulation (1) must include the following -
(a) details of the type and class of cement to be manufactured in the facility, for which registration is sought, and the standards to which it conforms;
(b) details of the manufacturing facility for which registration is sought;
(c) a copy of a recent cement test report, which must be generated by a laboratory that meets the requirements of the latest edition of the ISO/IEC 17025: International Standard on General Requirements for the Competence of Testing and Calibration Laboratories, and which report must not be older than two months; and
(d) markings and other information to be printed on the package of the cement, with a breakdown of any codes indicating the factory or packing plant of origin and the date of packaging, including the requirements of Annexure 1.
 6993 Government Gazette 11 September  2019 5
 (3)  On receipt of an application, the regulator must assess such application in terms of 
regulation 5 or 6. 
 (4) A manufacturer or an importer who imports or trades in cement that is from a 
manufacturing facility that is not registered in terms of these regulations commits an offence and on 
conviction	 is	liable	to	a	fine	not	exceeding	 N$5	000	or	to	imprisonment	 for	a	period	not	exceeding	
six	months,	or	to	both	such	fine	and	such	imprisonment.
Cement manufacturer in Namibia 5. (1) If an application made under regulation 4(1) is for a manufacturing 
facility located in Namibia, the applicant must pay the prescribed fee, to inspect the local cement 
manufacturing facility.
 (2)  The application referred to in subregulation (1) must follow the process illustrated in 
Annexure 2.  (3)  On receipt of an application, the regulator must assess such application form 
and conduct an inspection of the manufacturing facility and collect samples of cement from such 
manufacturing facility.
 (4) After considering the application made under regulation 4(1), the regulator may -
(a)	 approve	 the	application	 and	issue	a	certificate	 of	conformity	 for	the	cement,	which	
is valid for three years, if all the requirements of subregulation (5) are met; or
(b) reject the application and request the applicant to take corrective steps referred to in 
regulation 3(9).
	 (5)		 The	 regulator	may	only	issue	a	certificate	 of	conformity,	 referred	to	in	regulation	 3(5)
(a) and in subregulation (4)(a), to the applicant if the manufacturing facility meets the requirements of regulation 4(1) and the cement products meet the requirements stipulated in regulation 3.
 (6) If the applicant takes corrective action referred to in subregulation (4)(b), and the 
regulator	 subsequently	 approves	 the	application,	 the	regulator	 may	issue	a	certificate	 of	conformity	
as stipulated in subregulation (4)(a). Cement manufacturer outside Namibia 6.    (1) If an application made under regulation 4(1) is for a manufacturing 
facility located outside Namibia, the applicant must pay the prescribed fee, to inspect that cement 
manufacturing facility. 
 (2) The application referred to in subregulation (1) must follow the process illustrated in 
Annexure 2.  (3)  On receipt of an application, the regulator must assess such application form 
and conduct an inspection of the manufacturing facility and collect samples of cement from such 
manufacturing facility.
 (4) After considering the application made under regulation 4(1), the regulator may -
(a) approve the application and issue a licence for the cement, which is valid for three 
years, if all the requirements of subregulation (5) are met; or6 Government Gazette 11 September  2019 6993
(b) reject the application and request the applicant to take corrective steps referred to in 
regulation 3(9).
 (5)   The regulator may only issue a licence, referred to in regulation 3(5)(b)  and in 
subregulation (4)(a), to the applicant if the manufacturing facility meets the requirements of regulation 4(1) and the cement products meet all the requirements stipulated in regulation 3.
 (6) If the applicant takes corrective action referred to in subregulation (4)(b), and the 
regulator subsequently approves the application, the regulator may issue a licence as stipulated in 
subregulation (4)(a).
 (7)    The regulator must assign a unique number to each licence in respect of each 
manufacturer approved. (8) The licence is the sole proof of registration by the regulator for cement manufactured 
outside Namibia and is valid for three years.Modification of requirements 7.	 For	 the	purposes	 of	these	regulations,	 the	requirements	 specified	 under	Clause	9.2	
and	Clause	9.3	of	NAMS/EN	197-2	are	modified	as	follows:	
(a)	 an	 intermediary	 may	only	be	exempted	 from	meeting	the	requirements	 specified	 in	
clause 9.2.2 of NAMS/EN 197-2; and
(b) the test results of samples taken from the intermediary must, in addition to any other 
results required by the standards, represent the ability of the manufacturer to comply with the requirements of Clause 9.3 of NAMS/EN 197-2.
 Mutual recognition agreement
 8.    (1) If a mutual recognition agreement exists between the regulator and a 
certification	 body	or	regulatory	 body	in	the	country	of	origin	of	cement,	the	regulator	 may	accept	
evaluation results of that cement if those standards are equivalent to NAMS/EN 197-1 and the criteria 
used to perform conformity assessment is equivalent to NAMS/EN 197-2.   (2) The application procedure for importing cement into Namibia where a mutual 
recognition agreement exists, is illustrated by Annexure 3.
 (3)     An importer must apply to the regulator, using forms obtainable from the regulator 
and pay the prescribed fee, for the issuance of attestation of conformity letter. (4) On receipt of an application made under subregulation (3) the regulator may issue 
the attestation letter per consignment to be imported into Namibia and the attestation letter is valid 
for 21 days. 
	 (5)	 The	 regulator	 may	conduct	a	physical	verification	 of	the	quantity	and	cement	type	
imported. Surveillance  9.   (1) The regulator must collect a minimum of six samples annually of each 
approved cement either from a depot, at point of entry into Namibia or manufacturing facility in 
Namibia	 and	test	the	samples	to	confirm	continuous	 compliance	 with	the	requirements	 of	these	
regulations.6993 Government Gazette 11 September  2019 7
 (2) The regulator must conduct -
(a)	 on-site	 surveillance	 inspections	 for	Namibian	 or	foreign	manufacturers	 in	the	first	
and	second	year	of	certification	or	registration;	and	
(b)	 a	re-certification	or	re-registration	inspection	in	the	third	year.
Mark of conformity
 10.	 (1)	 The	 manufacturer	 must	affix	an	NSI	standard	 mark	of	conformity,	 for	a	
cement product manufactured in Namibia and registered in terms of these regulations by the regulator, 
on	the	packaging	of	the	certified	cement.
	 (2)	 A	 manufacturer	 who	fails	to	affix	the	mark	of	conformity	 referred	to	in	subregulation	
(1)	commits	an	offence	and	on	conviction	 is	liable	to	a	fine	not	exceeding	 N$5	000	or	to	imprisonment	
for	a	period	not	exceeding	six	months,	or	both	such	fine	and	such	imprisonment.8 Government Gazette 11 September  2019 6993
ANNEXURE 1
Markings that must appear on packaging
 1. The manufacturer must be guided by NAMS/EN 197-1 and NAMS/EN 197-2 or 
equivalent for the use of cement in compiling design mixes because guidelines and the information 
appearing on a bag of cement must not be misleading to the user.
 2. (1) The information required in subparagraph (2) must be printed, the print 
must be at least 6mm high, legibly and indelibly on each bag in the English language. (2) The following information must be attached to or accompany the cement bags:
(a) the manufacturer’s name, trademark and physical address;
(b) identity of the factory, which may be in code, where the cement was produced;
(c) the standard designation in accordance with Clause 8 of NAMS/EN 197-1;
(d) a date or code that provides traceability to the date of packing or dispatch in the case 
of bulk cement;
(e) the standard under which the cement was manufactured;
(f) manufacturers’ guidelines for the use of the type and grade of cement and precautions to be observed in its use;
(g) NSI Standard Mark of Conformity for cement products produced in Namibia; and
(h) a statement of quantity as prescribed in the latest edition of the SADCMEL Document 1 and Document 4.6993 Government Gazette 11 September  2019 9
ANNEXURE 2 
Application Process
10 Government Gazette 11 September  2019 6993
ANNEXURE 3
Application Process under Mutual Recognition Agreement
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