Lahja Nashuuta 

Hilma Kuduva serves as the chief legal drafter in the Ministry of Justice’s Directorate of Legislative Drafting. 

She is responsible for drafting Bills for tabling in Parliament, and ensuring they align with the Namibian Constitution. 

She is an admitted legal practitioner with extensive experience in legal matters. She holds a Bachelaureus Juris (B-Juris) degree, a Bachelor of Laws Honours degree (LLB) and a master’s degree in International Maritime Law, with a specialisation in oil and green hydrogen. 

“As a legislative drafter, I translate policy into law. I draft Bills that become Acts of Parliament. Under these Acts, we draft, rules, regulations, codes, directives, government notices and administrative notices to be published in the Government Gazette,” she revealed. 

Public service 

Kuduva is not an infant to public service. She joined the ministry in 2014. Before that, she worked as an intern at the Ministry of Works and Transport within the Directorate of Civil Aviation. At the time, her responsibilities included but were not limited to handling multilateral and bilateral agreements of air service agreements. 

Queried why she opted for the public service, She asserted “my decision to join the public service stemmed from a deep-seated commitment to contribute positively to society, and uphold the rule of law. 

As a young aspiring lawyer, I was inspired by the idea of using my legal skills to advocate for justice, and serve the community. 

The opportunity to work within government allows me to influence policy, protect citizens’ rights and ensure equitable access to legal resources. 

This aligns with my long-term aspirations of making a meaningful impact in people’s lives through public service”. 

However, her work is not without challenges. “Drafting legislation requires precise and clear language to ensure that the intended meaning is conveyed without ambiguity. 

The complexity of legal terminology can lead to m i s u n d e r s t a n d i ngs or misinterpretations. We, drafters, must consider various stakeholders’ interests, including political, social and economic factors,” she said. 

She shared that balancing these competing interests while crafting effective legislation can be challenging. 

“Ensuring that new legislation aligns with existing laws and regulations is crucial. 

Drafters must have a thorough understanding of the legal framework to avoid conflict and ensure consistency. Legislative proposals often undergo intense public scrutiny, and may be subject to political pressures that can influence the drafting process,” noted the civil servant. 

“Drafting legislation typically involves collaboration among multiple parties, which can complicate version control and lead to inconsistencies if not managed properly. We, legislative drafters, often work under tight deadlines. 

This can hinder their ability to thoroughly research, especially being abreast with new developments in respect of court decisions and other modern developments in law nationally and internationally, and refine their drafts. Legislation should be understandable to the public, requiring drafters to simplify complex legal concepts without sacrificing precision,” she added. 

Kuduva maintained that one of the most satisfying aspects of being a legislative drafter is the opportunity to influence public policy and societal norms. 

She narrated that the process of legislative drafting involves complex problem-solving and critical thinking. Drafters must navigate legal language, policy objectives and stakeholder interests. 

This can be intellectually rewarding, she said. 

“Working alongside legislators, legal experts and various stakeholders allows me to engage in meaningful discussions and collaborations. This teamwork fosters a sense of community and shared purpose in achieving legislative goals,” she shared. 

She added that the role of a legislative drafter offers continuous learning opportunities through exposure to diverse issues, evolving laws and best practices in drafting techniques. 

“This is why I pursued my master’s degree at an international level to address the policy issues surrounding oil discoveries in Namibia and the production of green hydrogen. 

I aim to ensure that Namibia is protected, and that all necessary laws are established to facilitate the country’s rise as a leader in the international trade of these energy commodities. This ongoing professional growth leads to greater job satisfaction” she said. 

Maritime law knowledge 

Kuduva maintained that her expertise as a legislative drafter is significantly enhanced by her master’s degree in international maritime law, particularly focused on the legal frameworks governing the storage and transportation of oil and green hydrogen production. 

“This specialised knowledge equips me to understand and navigate complex regulatory environments, ensuring compliance with international standards and conventions in the trade of these commodities. The legal framework surrounding the storage and transportation of oil involves various international treaties, such as the MARPOL Convent i on, wh i ch addresses pollution from ships and the International Convention on Oil Pollution Preparedness, Response and Co-operation (OPRC),” shared the legal drafter. 

In terms of green hydrogen production, Kuduva asserted that she is well-versed in emerging regulations that govern its transport and storage. This includes understanding safety protocols, environmental impact assessments as well as compliance with national and international energy policies to promote sustainable practices. 

Future endeavours 

Kuduva said her dream is to become a highly-recognised legislative consultant both nationally and internationally. 

“Legislative drafting is a highly specialised skill that not everybody possesses. Since nobody is certain of the future for now, I intend to remain committed to my job as a legislative drafter. Those institutions that need my expertise may feel free to headhunt me for my professional skills,” Kuduva stated. 

-lnashuuta@gmail.com