… All Shall Be Equal

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Kae Matundu-Tjiparuro

Opening the 10th annual meeting of the Council of Traditional Leaders in Windhoek towards the end of last month, the President His Excellency Hifikepunye Pohamba expressed concern over the increasing number of communities, including “sub-clans” seeking recognition.

The President was particularly concerned that this trend may lead to the fragmentation of communities and disunity among the people.

In fact, the President is not the first person to voice such a concern. He is only echoing the sentiments of many, among them none other than the Right Honorouble Prime Minister, Nahas Angula, who last year officially opened this very same gathering.

“We continue to see a number of communities applying for recognition. While this must be accepted as the right of the communities to do so, we should be concerned that the values of unity that characterise our unitary state are at stake. There is a need to identify the reasons for this fragmentation in order to advice the Government on how we can reverse the trend,” the PM said.

If I am to play the devil’s advocate I would say I have never seen any rationale for the recognition of traditional leaders to date. Yes, it may have been politically expedient to recognise them in view of the role of some during the resistance and liberation struggles. Other than that I don’t see any rationale. Yes, they have a right to exist and to space in an independent Namibia just like anybody else. However, that they need to be specifically and officially recognised is puzzling.

Departing from the premise that traditional communities are private instances just like a football club or any other association of whatever nature, one sees little rationale for their recognition as most clubs or associations do not need special recognition by the Government. That being the case, nevertheless, in terms of traditional communities and the law of recognition some are recognised and others are not. It is not true in all cases that there are an increasing number of traditional communities seeking recognition. In fact most of these communities were and have been there as autonomous traditional entities before independence. Where there may have been any semblance of their non-existence is more because of the denial of their right to exist by the colonial authorities, and their subjugation by larger whole for the sake of political control and manipulation.

One can thus not look at the seeming present recognition conundrum than in the colonial context and legacy, and the attendant dilemma of either adaptation, transformation if not reversed reform. Admittedly the recognition of traditional communities goes with power and influence whether perceived or real. Rather than these communities being first and foremost, and in the strictest sense of the word traditional communities, which are there purely to administer to the cultural needs of their communities, by their official recognition they assume a different role and influence associated with proximity to the Government and thus power. For all intents and purposes they come but another apparatuses of the State.

This becomes the source of envy if not bitter rivalry between the recognised and unrecognised communities. Further the perceived legitimacy of those communities, which have been recongised raises doubts about the recognition criteria.

A typical case is the Tjimana Authority in the Epukiro Constituency whose application for recognition has been turned down for the reason that another authority has already been recognised in this Constituency or jurisdiction. If my historical facts serve me well, the Tjimana clan is the heir apparent of the Epukiro jurisdictional area having been the authority that historically presided over this area of traditional jurisdiction. That today they do not have any traditional jurisdiction over this area baffles the mind and should be more the problem of the Government that seemed to have erred appointing another traditional authority in the historical jurisdiction of another. That there exists already another authority in the area is not a good reason to deny another its legitimacy.

However, the long and short of recognition is that somehow the process leaves much to be desired, let alone being a catalyst towards the integration of communities. The only way that the situation can be reversed is for each clan to assume its rightful historical legitimate place as an autonomus entity purely to serve the cultural interest and aspirations of its community.

Traditional authorities must be stripped of any official authority whether real, imagined or pretended with such only to be vested in the offices of regional councillors. In this way there would be no need to recognise one or the other traditional community. All shall be equal, traditional and legitimate in their own right.

Last but not the least, the question of having to pay them and how much becomes immaterial as each would be expected to have to fend for themselves, save for a general yearly grant as need may be.