Iuze Mukube
Slavery, racial segregation, apartheid, colonialism and discrimination are among the historical injustices faced by the country that the Constitution was enacted to protect against.
The Namibian Constitution, lauded globally as one of the best constitutions, became a reality in 1990 with the aim of establishing a just and democratic framework that would ensure the protection of human rights and the rule of law for all its citizens.
After 36 years, every year, the commemoration and adoption of the Constitution is annually celebrated on 9 February.
To gauge what the Namibian Constitution means, this publication interviewed veteran legal professionals to reflect on the values entrenched and strengthen public understanding of the supreme law of the country. Lawyer Natjirikasorua Tjirera said Namibians should be proud of the country’s constitutional democracy.
“Our constitutionalism is alive, and that is witnessed by a number of cases that are taken to court, challenging the constitutionality of various laws and practices,” Tjirera said.
He stated that the greatest challenge to upholding the Constitution is the operation of the lower courts.
He said that minimal attention is paid to the smooth operation of the lower courts, exemplified by the compromising of the constitutional rights of the accused persons and victims.
“Ultimately, the criminal justice system is severely compromised, and the lack of and shortage of adequate staff is also compromising the constitutional order, especially in the
lower courts. Prosecutors and magistrates deal with hardened criminals, and their safety should be prioritised,” he said.
The death of public prosecutor Justice Shiweda is unfortunate and tragic, he added.
Tjirera described the late prosecutor as a highly competent prosecutor and an even better person who conducted her work with a smile at all times.
“She paid the ultimate price for saying no to corruption and for her honesty and integrity,” he continued.
Loopholes
Meanwhile, veteran lawyer Dirk Conradie poked holes in the country’s supreme law. If regard is given to the socio-economic development of the country and the fact that more than half of the population live in poverty, then the Constitution has not achieved much, he said.
Additionally, he said that laws are not constitutionally tested.
“Democracy is government by the people, but we do not practise or apply democratic principles in our four-tier government (central, regional, local and administrative government),” Conradie continued.
On the recent death of Shiweda, he stated that all lives are sacrosanct and there is a duty upon the State to protect the lives of all citizens; one life lost is too many, irrespective of title.
Legal guru Mbanga Siyomunji stated that even after 30 years, the Constitution still stands out as the supreme law, and all other laws are measured against it.
“I have always advocated for the safety of all court personnel, be they prosecutors, defence lawyers, magistrates, interpreters or court orderlies,” he said.
He said that all prosecutors, from the entry level, due to the high-risk nature of their work, should have a car scheme and adequate security at both their work and at their respective residences.
The attack on Shiweda just exposed the fact that prosecutors are not safe, and it should be a wake-up call to the Ministry of Justice and the government in general, said Siyomunji.
Youthful lawyer Kadhila Amoomo expressed difficulty in saying that the country’s constitution is the very best when Namibia is the second most unequal society on earth.
“Our poverty and unemployment statistics are a clear indication that Namibians are not enjoying their rights to dignity and equality,” Amoomo said.
Amoomo highlighted that on the brighter side, separation of power and most of the constitutional institutions remain stable.
There is a need to reconcile the Constitution to the realities of the people in the rural areas and informal settlements, he stated.
“Their right to life, dignity, family and other human rights are purely theoretical at this stage,” said Amoomo.