The Legal Assistance Centre Series on Rule of Law defines the rule of law to mean that everyone, all individuals and all institutions including judges, magistrates, government officials, the police and the army, must follow the constitution and the law.
It further states that no one is above the law and, therefore, everyone must follow laws that are publicly known, fairly applied and enforced by independent courts. This implies that every citizen is subjected to following the law in the same way as others, without exception to the rule.
The application of rules and laws in every institution is imperative to foresee the security of individuals and their property.
This is admissible in any civilised society everywhere in the world.
This will prevent the most powerful people and those who have money to trample upon the rights of the weak and ordinary citizens.
The situation may automatically resort to the dictum of ‘survival of the fittest’, which tilts around ‘jungle justice.’
Of course, no one in this era of Independence and freedom would like to live in a situation like that, as all forms of developmental skills will come to a halt. Namibians are blessed and endowed with the compilation of one of the best constitutions in the world, which is commonly known as the people’s constitution.
It was written by the constitutions Assembly in which different political parties which represented the wishes of the people participated. Whereas the Namibian constitution is regarded as one of the best in the world, it is quite disturbing to observe some lawmakers deliberately and publicly violating other sections of this legally binding document.
It is a known fact that some constitutions do not stand the test of time, as they are usually amended for one reason or another. However, some constitutions have remained standing all the centuries with fewer amendments, while the United Kingdom has survived for centuries without a constitution, as we know it. The third chapter of Namibian constitution which deals with Fundamental Human Rights and Freedoms remains unchanged, but it is this section which is being violated by many political figures.
This might emanate from the ignorance of the law and sheer provocative tendencies. It is quite strange that a lawmaker can utter a public statement in which he incites the killing of some people because he happens to disagree with their opinions.
This is unacceptable in a democratic country like Namibia, where the rule of law must rule supreme, as the constitution is regarded as the supreme law of the land.
Namibians have seen what it means when there is erosion of the rule of law, and need not allow the situation to repeat itself. The colonialism the country went through was simply a disregard for the rule of law, and in the process, the oppressors did whatever they wished to do without applying the law fairly. Or rather the laws which were made targeted the black Namibians, as victims for oppression and killing. In addition, many political figures have been exposed by travelling to many countries, might have seen, and learnt many systems in which the rule of law has been compromised, and the results thereof.
If in any case, there are differences in opinion there are many avenues in which those could be solved amicably, unlike threatening another citizen by death.
Article 6 of the constitution is very clear that the right to life must be respected and protected and that no one may be sentenced to death or executed. It goes to state that no court or tribunal shall have the power to impose a sentence of death upon any person. If the courts have no power to impose death sentence on any person, no political figure should incite anyone to act against the stipulations of the constitution.
Contrary to this manner, the rule of law is eroded and at the same time compromised with impunity. Unfortunately, such utterances and statements are going viral on the social media, while the culprits are known and surprisingly nothing is done to such people. The belief that Namibia is a country governed on the basis of the rule of law comes under serious legal spotlight and scrutiny. The right to life is inalienable and therefore deserves to be respected and upheld by the people who are tasked with the responsibility of protecting the citizens.
What many Namibians may not realise is that the erosion of the rule of law starts gradually and finally the state of lawlessness, engulfs the whole country and ultimately breeds anarchy.
The recent attack on the Supreme Court judges throughout the country symbolized the high degree of intolerance among many Namibians, by forgetting the constitutional provision which should have been followed if the feeling was that the law of the land was violated.
Like Blair (2002:199) in his book, ‘Degrees in Violence’, such situation where politicians fail to respect the courts, the former are beyond the stage where the law could influence them. In all fairness, where politicians are caught off guard and start redrafting a law which was overlooked in 1990 during the Constituent Assembly smells of ignorance on their part and therefore do not qualify for such office. It becomes dangerous and frightening having incompetent political leaders who are gambling with the lives of the people, especially when they tamper with the Supreme Law of the Land.