Executive: Regulatory & Corporate Legal Services | CRAN - Communications Regulatory Authority of Namibia

Josephine Shigwedha
Executive: Regulatory & Corporate Legal Services | CRAN - Communications Regulatory Authority of Namibia
Team size: I lead a team of 18 professionals
What are the most significant cases, projects and/or transactions that you and/or your legal team have recently been involved in?
In my current role, I oversee both the legal and regulatory functions of the organisation, with responsibility for ensuring that all activities are conducted in strict compliance with our enabling legislation and the broader statutory and policy framework governing the sector. This dual mandate requires close alignment between legal advisory work and regulatory implementation to ensure that institutional decisions are legally sound, procedurally fair, and aligned with national development objectives.
The legal function under my supervision is primarily focused on the provision of formal legal opinions, drafting and reviewing a wide range of commercial and regulatory contracts, and conducting legal risk assessments. This includes supporting senior management and the Board on issues relating to statutory interpretation, enforcement actions, procurement processes, and regulatory decision-making. In parallel, the regulatory arm of the organisation is responsible for licensing and authorisation processes, issuing regulatory approvals, monitoring licensee compliance, and enforcing statutory obligations in line with national policy priorities and international best practice.
Over the past year, one of the most significant projects my team and I have undertaken is a detailed ex-post regulatory impact assessment (RIA) of Namibia’s legal and regulatory framework for telecommunications infrastructure sharing. This project served as a foundational step towards evaluating whether the existing framework remains fit for purpose in a rapidly evolving telecommunications market and to inform potential regulatory reform. The assessment critically examined the effectiveness of the current regime, identified practical and legal challenges in implementation, and explored comparative international best practices with a view to recommending targeted improvements.
Infrastructure sharing, encompassing both passive infrastructure such as towers, poles, and ducts, as well as active infrastructure including antennas, base stations, and switching equipment, offers significant economic, environmental, and competition benefits. These include reduced capital and operational costs, improved market entry conditions, enhanced network rollout, and expanded service coverage. At the same time, the assessment recognised potential risks associated with infrastructure sharing, particularly the possibility of anti-competitive conduct, reduced incentives for network investment, and disputes over access terms. Namibia’s regulatory framework therefore seeks to balance these competing considerations by promoting sharing where it is efficient and pro-competitive, while safeguarding against market distortions.
The RIA was conducted using an inclusive and iterative methodology. It commenced with a comprehensive desk-based review of Namibia’s legislative and regulatory instruments, supplemented by extensive in-country stakeholder consultations involving nearly two dozen entities. These included telecommunications operators, broadcasters, utilities, financial institutions, and sector regulators. The assessment was further strengthened by a comparative benchmark of infrastructure sharing frameworks in peer jurisdictions, including Botswana, Ghana, Kenya, and Mauritius, each of which has adopted varying approaches ranging from voluntary to mandatory sharing regimes.
Central to the analysis were sections 48 and 50 of the Communications Act 8 of 2009, which empower CRAN to mandate infrastructure sharing among carriers, broadcasters, and utilities. These provisions impose obligations on all operators to share passive infrastructure, while dominant operators may be required to provide access to active infrastructure. The project underscored the critical role of infrastructure sharing in advancing Namibia’s digital transformation agenda by accelerating broadband deployment, improving service quality, supporting the rollout of advanced technologies such as 4G and 5G, and ultimately enhancing affordability and access for consumers across both urban and rural areas.
How do you approach managing legal aspects during periods of instability or crisis to ensure the organisation’s resilience?
Managing legal aspects during periods of instability or crisis requires clarity of purpose, disciplined focus, and an unwavering commitment to excellence. My approach is anchored in what I often describe as ‘keeping my eye on the ball,’ ensuring that, even in uncertain or high-pressure environments, the legal function remains aligned with the organisation’s core mandate, statutory obligations, and long-term strategic objectives.
When I assumed my current role in February 2025, the legal department had been without a substantive Executive for approximately four years. This prolonged leadership gap had inevitably resulted in operational strain, fragmented processes, and an accumulation of unresolved legal and regulatory risks. The situation required not only immediate stabilisation, but also a deliberate and forward-looking strategy to rebuild confidence, restore structure, and position the legal function as a strategic enabler of organisational resilience.
My first priority was to conduct a rapid yet thorough assessment of the legal and regulatory landscape, identifying critical risks, outstanding matters, and capacity gaps within the team. This allowed me to distinguish between urgent issues requiring immediate intervention and longer-term structural challenges that could be addressed through phased reforms. In times of instability, I believe it is essential to avoid reactive decision-making and instead adopt a measured, prioritised approach that balances urgency with sound legal judgment.
Equally important was re-establishing clear governance, accountability, and decision-making frameworks. I focused on strengthening internal controls, clarifying delegated authorities, and ensuring that legal advice was consistent, well-documented, and aligned with the organisation’s enabling legislation. This helped to reduce uncertainty, manage expectations across the business, and ensure that decisions taken during the transition period were defensible and legally sound.
From a people perspective, rebuilding morale and fostering a culture of professionalism within the legal team was critical. I placed emphasis on open communication, mentoring, and setting clear performance standards, while encouraging collaboration and shared ownership of outcomes. During periods of crisis or transition, a motivated and focused legal team is one of the most effective tools for managing risk and sustaining organisational continuity.
Another key aspect of my approach is proactive engagement with stakeholders. Whether dealing with executive management, regulators, external counsel, or the public, I prioritise transparency, consistency, and credibility. Clear communication helps to manage risk, mitigate misinformation, and reinforce trust, particularly where legal issues intersect with public interest or heightened scrutiny.
Ultimately, my philosophy is that resilience is built through discipline, foresight, and integrity. By maintaining focus, remaining committed to excellence, and grounding all actions in the law, the legal function can serve as a stabilising force during periods of uncertainty. My role is not only to respond to crises as they arise, but to ensure that the organisation emerges stronger, more compliant, and better equipped to navigate future challenges.
Have you had any experiences during your career as a lawyer that stand out as particularly unique or interesting?
One of the most unique and formative experiences of my legal career was being appointed to head the Legal Department of TransNamib, one of Namibia’s largest and most strategically important public enterprises, at the age of 27. Stepping into a leadership role of that magnitude at such an early stage in my career was both a significant professional milestone and an exceptional learning opportunity that shaped my approach to legal practice, risk management, and leadership.
At the time of my appointment, TransNamib was managing an extensive and complex litigation portfolio, with more than 100 active cases spanning labour disputes, debt collection matters, civil litigation, and contractual claims. These matters carried not only financial risk, but also operational and reputational implications for the organisation, given its critical role in the national economy and public sector landscape. The sheer volume and diversity of cases required immediate strategic intervention and a disciplined approach to legal prioritisation.
One of the key challenges I faced was balancing the need for effective litigation management with limited internal capacity. Rather than attempting to centralise all legal work within the in-house team, I adopted a pragmatic, solutions-driven approach by strategically instructing external legal practitioners to handle specific matters. This allowed the department to focus internal resources on high-risk, high-impact cases and advisory work, while ensuring that litigation timelines were met and matters were prosecuted or defended efficiently.
This experience provided invaluable exposure to managing external counsel, including negotiating fee structures, setting clear mandates, and ensuring accountability and performance. It also required me to exercise sound judgment in allocating matters based on complexity, urgency, and the organisation’s broader strategic objectives. Through this process, I developed strong skills in legal project management, stakeholder engagement, and cost control, all within the constraints typical of a public enterprise environment.
Beyond the technical legal aspects, the role demanded a high level of maturity, resilience, and leadership. As a young head of department, I was required to earn credibility quickly, both internally with senior management and externally with legal practitioners, unions, and opposing counsel. I learned the importance of clear communication, decisiveness, and maintaining professional confidence, particularly when navigating contentious labour matters and high-stakes disputes.
What made this experience particularly unique was the combination of responsibility, scale, and public accountability at such an early stage of my career. It tested my ability to operate under pressure, make informed decisions with limited information, and manage competing priorities in a complex organisational environment. Ultimately, leading the legal function at TransNamib laid a strong foundation for my later roles and reinforced my belief in proactive legal leadership, strategic delegation, and the value of building strong professional partnerships. It remains a defining chapter in my professional journey and one that continues to inform my approach to legal practice today.
Based on your experiences in the past year, are there any trends in the legal or business world that you are keeping an eye on that you think other in-house lawyers should be mindful of?
Based on my experiences over the past year, one of the most significant trends I am closely monitoring is the increasing automation of legal and regulatory processes, particularly in the areas of contract management and licensing application and evaluation. This shift is fundamentally changing how in-house legal teams operate, moving them away from purely reactive roles towards more strategic, data-driven functions.
In relation to contract management, automation is rapidly becoming a necessity rather than a luxury. Traditional, manual contract processes are time-consuming, prone to error, and often lack visibility across the organisation. Over the past year, I have observed growing demand for systems that allow centralised contract repositories, automated approval workflows, standardised templates, and real-time tracking of contractual obligations and expiry dates. For in-house lawyers, this trend presents an opportunity to improve efficiency, reduce risk, and enhance compliance, while freeing up capacity to focus on higher-value advisory work. However, it also requires legal teams to be actively involved in system design and implementation to ensure that automated processes accurately reflect legal risk, governance requirements, and regulatory obligations.
Closely linked to this is the automation of licensing application and evaluation processes within regulated environments. As regulators and public institutions face increasing volumes of applications and heightened scrutiny around transparency and fairness, there is a clear move towards digitised, rules-based evaluation frameworks. Automated licensing systems can promote consistency, auditability, and accountability by applying statutory criteria uniformly and maintaining clear records of decision-making. From my perspective, this trend has significant implications for both regulators and regulated entities, as it reshapes expectations around timelines, documentation standards, and compliance monitoring.
That said, automation also introduces new risks that in-house lawyers must be mindful of. Over-reliance on automated systems without adequate legal oversight can lead to rigid decision-making, unintended bias, or misalignment with legislative intent. It is therefore critical that legal teams remain closely involved in governance structures, ensure regular legal review of automated rules and algorithms, and maintain appropriate human oversight, particularly where decisions have material legal, commercial, or public interest consequences.
Another important consideration is change management, as implementing automated legal and regulatory processes requires cultural shifts within organisations, as well as upskilling legal teams to engage with technology, data, and process design. In-house lawyers must increasingly act as translators between legal requirements, business needs, and technical solutions. Those who fail to adapt risk being sidelined, while those who embrace these tools can significantly enhance their influence and effectiveness.
In summary, automation in contract management and licensing processes is a trend that in-house lawyers cannot afford to ignore. When implemented thoughtfully, it can strengthen governance, improve efficiency, and support better decision-making. However, it demands active legal leadership to ensure that technological innovation remains firmly grounded in legal compliance, fairness, and sound judgment.