Old and young politicians have weighed in on the shortcomings and strengths of the much-revered Namibian Constitution as the nation celebrates the 32nd anniversary of the adoption of the country’s rule of law.
Leading the celebrations, President Hage Geingob, who was the chief overseer of the process that gave birth to the constitution, said the rule of law is a living document, which is worth cherishing.
“We should take pride in the progress we have made over the past 32 years in the provision of basic amenities such as housing, education, social protection and employment opportunities to the majority of Namibians,” he said in an opinion piece published elsewhere in this edition. According to Geingob, Namibians, united in their diversity and conscious of their right to be free in their own land, fought bravely against oppression to determine their own destiny as a free people. In pursuit of freedom, many paid the ultimate price, he said.
Geingob observed that the adoption of the constitution on 9 February 1990 was, therefore, a significant milestone “in our journey for self-determination because it laid the basis for our independence and the founding of our constitutional democracy.”
The President wants the constitution to be internalised by every citizen to fully enjoy their rights. The Constituent Assembly drafted the Namibian Constitution in record time and unanimously adopted it on 9 February 1990, the day annually observed as Constitution Day.
Meanwhile, Popular Democratic Movement (PDM) leader McHenry Venaani said Namibia needs to do more in terms of economic liberties for the citizenry. To mark the day, he stated that Namibia has achieved a number of liberties as enshrined in the constitution. However, not economic liberties.
“While Namibia is cherishing the ideals of a constitution of human rights and other civil rights enjoyed, Namibia is at a quagmire in terms of economic liberties. More should be done to address the crisis of economic liberties; the hygiene of co-efficiency; the landlessness of our people; and lack of employment, among other challenges,” he reacted, saying those are the areas that need hard work to deliver economic liberties.
Most of the time, he said, when citizens don’t enjoy enough economic liberties, they will not value the civil liberties that they enjoy.
“We must have a happy Constitution Day, knowing at the back of our minds that more needs to be done to accelerate and push back the frontiers of poverty. Most of our people are living at the periphery of socio-economic development, and they need to come to the centre of socio-economic development,” Venaani reiterated.
He acknowledged that there are many economic liberties that the citizenry is not enjoying after independence. These include a lack of housing, lack of potable water, unemployment, and access to health facilities.
“These are challenges in our constitution. And we must do more to accelerate what is enshrined in the constitution of the republic in terms of economic liberties that are also enjoyed by the rest of the citizens. We are not happy when we hear more than 50% of our population is living below the poverty line. That’s a serious challenge,” he remarked.
Venaani cautioned that it took sweat, blood and tears to arrive at a respectable republic that guarantees both civil and economic liberties. So, he noted that “Constitution Day is a day to celebrate and honour, and that without a constitution, the politics and citizenry of a country will not have a reference bible on how civilisation should be run in an orderly and equitable manner. Constitution Day is a day for Namibians to be proud of. You have freedom of speech. We can criticise whenever we want. These are the hallmarks of a working democracy.” A member of the Constituent Assembly and career politician Pendukeni Iivula-Itana said the constitution as a document laid out the orders according to which society ought to be organised.
“We, as members of Namibian society, ought to deal with each other according to what is allowed by the constitution. Similarly, governance is also regulated, whether at central, regional or local level, including traditional authorities. How regularly, for example, elections must be held, how it should be held,” she explained. She cited established democracies, where citizens are well-aware of the inside of their constitutions, even countries with no written constitutions such as Britain. According to her, they know the do’s and the don’ts. She called for the day to be popularised as an important day for constitutional teaching and understanding of how Namibia as a state is established, and what is required from citizens as law-abiding citizens.
Seasoned politician Libertina Amathila, who was also a member of the Constituent Assembly, applauded Namibians for having kept the country peaceful. “We are following the rule of law. Even our young people are keeping that in mind. Our country is at peace, unlike other nations with coups. We have maintained and continue to maintain the rule of law. I wish young people are not going to break the rule of law. I will enjoy this day with a cup of tea that our country still has peace,” she beamed.
Equally, fellow pioneer Ben Ulenga viewed the constitution as needing to be taught, studied, understood and internalised by all.
“It is a powerful weapon of defence against rogue politicians and strongmen. We live and survive by every day,” he stressed. Independent Patriots for Change (IPC) leader Panduleni Itula charged that the execution and implementation of decisions by the unelected executives and administrators in Namibia are in essence not founded on the principles of the rule of law, although initiated therefrom. National Assembly Speaker Peter Katjavivi emphasised that Namibia has pursued the policy of national reconciliation, the equality of all races, as well as equality between men and women. He cited gender parity as having become a key issue in the National Assembly, which comprises 46% female MPs and 54% male MPs.
Katjavivi then reminded Namibians to celebrate the day in a more significant way, and to make the constitution a living document.