In terms of the Law Reform and Development Commission Act, the commission is mandated to consolidate or codify any branch of the law or to introduce other measures aimed at making the law more readily accessible. 

New Era’s Lahja Nashuuta this week sat down with new Law, Reform and Development chairperson Etuna Josua for an interview that covered a buffet of issues. 

At the heart of the interview, this publication wanted to know Josua’s broader vision for the commission. 

Lahja Nashuuta (LN) : Congratulations on your appointment. Briefly talk to us about the role and mandate of the Namibia Law Reform and Development Commission. 

Etuna Josua (EJ): The role of the Law Reform and Development Commission is to undertake research in connection with and examine all branches of the law in Namibia, and to make recommendations for the reform and development thereof, including the repeal of obsolete or unnecessary laws, the consolidation or codification of any branch of the law, or the introduction of other measures aimed at making the law more readily accessible. 

The commission is also responsible for the integration or harmonisation of customary law with the common and statutory law, and new or more effective procedures for the administration of the law and the dispensing of justice. 

We are also responsible for the enactment of laws to enhance respect for human rights as enshrined in the Namibian Constitution or to ensure compliance with international legal obligations. 

LN: In a nutshell, what does law reform entail, especially the processing of reviewing, repealing, and amending the different laws as identified by the Commission? 

EJ: The process entails intensive desktop legal research as well as in-depth consultation of key stakeholders and the public. This entails understanding the policy intent behind the existing law, the impact of the existing law, and clarity on the aspects on which the existing law may be unsatisfactory or inadequate. The deliverables include a thorough research report that includes recommendations on possible amendments. Another deliverable could be a draft policy and/or a draft bill. 

LN: Who are the key stakeholders the Commission consults or collaborates with when repealing, reviewing, and amending laws? 

EJ: Our stakeholders include all relevant government offices, ministries, and agencies involved in the implementation of a particular law, ministers, executive directors, and senior management in government. 

Other stakeholders are the law enforcement agencies, community leaders including elected political leaders such as regional councillors and local authority councillors, and traditional authorities, as well as members of the general public. 

LN: In a democratic set-up, how important is it for a country to constantly review, repeal, and amend laws deemed obsolete? 

EJ: This is important for ensuring that laws remain relevant, effective, and just. Society is always evolving, especially in the technological sphere. 

Law review and reform are important for ensuring new endeavours of human activity are properly regulated in order to prevent undesirable conduct and promote human rights. For example, in the age of artificial intelligence and internet technology, it is important to ensure the law prohibits misuse of these new technologies. 

The law needs to keep up with new technologies and new phenomena such as artificial intelligence, climate change, new economic industries such as renewable energy, environmental protection, new work methods, etc. 

LN: Given the highly-complex mandate of the Commission, how important is research and consultation when reforming laws? 

EJ: Research is very important for ensuring that firstly, one has an in-depth understanding of a particular endeavour. For example, if one is dealing with a review of a law concerning environmental protection, you need to have good background knowledge in terms of the factual realities on the ground as far as environmental protection is concerned. 

Secondly, legal research must be in-depth in order to allow full understanding of the historical context in which the particular law was passed and the mischief that the law sought to address at the time it was passed. 

Consultation enables the Commission to understand the impact of the particular law on the stakeholders, including the community. 

Through consultation, one would also get deep insight into the aspects by which it is considered the law is deficient or unsatisfactory —this knowledge points to the possible solutions by way of amendment, repeal, or enactment of new, additional laws. 

LN: Legally, shouldallprocesses of reviewing, repealing, and amending laws go through the Commission or institutions such as Parliament. Are ministries and other agencies allowed to conduct their own reform process without necessarily seeking input from the Commission? 

EJ: In terms of the Namibian Constitution, the authority to make laws vests in the National Assembly with the assent of the President, but subject to, where applicable, the National Council. The Commission merely has powers to conduct research and consultations and then provide a report with recommendations. 

The Commission has the capacity to properly shape and craft any policies and draft laws to apply to any matter. We then pass these on through our line minister (Minister of Justice) to the relevant governmental stakeholders for further handling and eventual tabling in the National Assembly. 

The Commission provides value to the law reform initiatives such as speed, objectivity, skills, and expertise, as well as memorialising the research and consultation findings by publishing a thorough report on the exercise. 

LN: What are some of the laws that the Commission has successfully amended, repelled, or reviewed? 

EJ: Some of the laws facilitated by reviews done by the Law Reform and Development Commission include: the Married Persons Equality Act, 1996; the Electoral Act, 2014; the Namibia University of Science and Technology Act, 2015; the Repeal of Obsolete Laws Act, 2022; and the Electoral Amendment Act, 2024, to mention but a few. 

There are other legislative initiatives currently in the pipeline, such as laws on small claims courts, new laws on insolvency, NEEEF, etc. 

LN: What challenges has the Commission faced in the execution of its mandate? 

EJ: When I was appointed together with the current Commission, this position and the Commission had been vacant for two years. Hence, we are now in a transitional period where engagements are underway with all relevant stakeholders to ensure the Commission fully assumes its proper role and that engagements with the Commission are properly coordinated and take place at the proper level where they should. 

LN: From a legal point of view and particularly when viewed from an apartheid-era context, what is your take on the issue of the Redline? 

EJ: I cannot comment on the specifics of that matter because it is now sub judice (before the court of law). However, upon conclusion of that matter, we are ready to handle any review or reform tasks that may arise from that matter. 

LN: Lastly, any other information you want me to take note of and pass on to the public? 

EJ: We recommend that all governmental offices, ministries, and agencies, approach us with any policy or law revision and reform initiatives, through their line minister sending a request to our line minister (Minister of Justice), with a request that a particular initiative be assigned to the Commission to investigate, make necessary recommendations, and assist with the reform initiative.