Hailed as one of the world’s most progressive legal documents, the Namibian Constitution has been credited for laying the foundation for governance, human rights and the rule of law.

Thirty-five years later, those who were there believe the living document remains rock-solid.

The legal framework was adopted on 9 February 1990. Ironically, Founding President Sam Nujoma, who dedicated most of his life to the liberation and right to self-determination for Namibians, died just an hour before Namibia marked the document’s 35th anniversary.

Nujoma, who died on Saturday at 95, was the leader who guided the country to independence, and played a key role in shaping its supreme law.

Founding

New Era yesterday spoke to Swapo Member of Parliament Jerry Ekandjo to reflect on Constitution Day and its significance.

Ekandjo was one of the 72 members of the Constituent Assembly, which was formed in November 1989, and operated until March 1990. Nujoma was elected unopposed as the country’s first president by the Assembly.

“I remember when we had to elect a president—everyone stood up in support of Nujoma,” he reminisced.

Asked whether the Constitution has lived up to its promises 35 years later, Ekandjo said, “The Constitution is not set in stone.”

It is something that can be amended here and there. Our generation created a vision, but three generations later, as needs arise, it evolves. It has now been amended three times, and it can still be amended. He noted that freedom of speech and freedom of expression are some of the aspects of the Constitution which have functioned as envisioned.

On economic progress, the politician opined that it depends on each generation.

“The majority of those entering Parliament today are born-frees, and they will bring their own ideas. They are entrusted with forging the vision ahead,” he added.

The beginning

The origins of Namibia’s Constitution date back to the country’s transition from colonial rule to independence in 1989. Following United Nations-supervised elections, the Constituent Assembly—comprising representatives from various political parties—was tasked with drafting a supreme law to govern the newly-independent nation.

The Assembly was chaired by late president Hage Geingob.

Then, Swapo had 41 seats, the Democratic Turnhalle Alliance (DTA), now the Popular Democratic Movement (PDM), had 21, the United Democratic Front (UDF) had four seats, and the Action Christian National (ACN) party had three seats. The Federal Convention of Namibia (FCN) and the National Patriotic Front (NPF) had one seat each.

Solid

Human rights’ lawyer Norman Tjombe lauded the Constitution, describing it as a solid document which has stood the test of time.

“Much of the Constitution has worked well. Where there are deficiencies, they result from a lack of political will to implement its provisions,” he said.

Citing land reform as an example, Tjombe noted that slow progress is often attributed to constitutional limitations, particularly the “willing-buyer, willing-seller” model. However, he argued that the Constitution does permit expropriation under certain conditions. 

“Those conditions seem to have eluded policymakers, but instead of addressing them, they would rather blame the Constitution,” he emphasised.

Similarly, media expert Zoe Titus praised the Constitution for upholding freedom of expression, which the nation enjoys today.

“It is very clear that our Constitution supports and enables the right to freedom of expression. I think Namibians, including the media, exercise that right, and are very protective of it,” she observed.

Titus said while the Constitution does not explicitly guarantee media freedom or access to information, it enables these rights by upholding freedom of expression.

Mauritania now holds the title of the African nation with the freest press, surpassing Namibia, which has always ranked in the top three.

Titus said Namibia has upheld press freedom over the years, as no journalist has ever been killed or prosecuted for their work. “People can even express themselves freely online on issues that concern them, without fear,” she continued.

Additionally, the Access to Information Act 8 of 2022 was signed into law by the late Geingob in November 2022, and gazetted the following month. 

This law mandates public and private entities to proactively and promptly make information available.

Currently, implementation is underway, as the government works toward establishing the Information Commission, which will serve as a guardian of transparency.

-ashikololo@nepc.com.na