Constitution Day a time for reflection

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The Namibian Constitution was adopted with 71 signatories on February 9, 1990, after the country voted in the 1989 elections that heralded a new constitutional democracy. This document, said Ombudsman John Walters, is the finest piece of legislation ever produced by Namibians for themselves – in 80 days. The Constitution stood the test of time, added Walters; it has only been amended once after eight years of its adoption. “The world was not as quiet as it is today,” said Speaker of the National Assembly and one of the drafters of the Constitution, Theo-Ben Gurirab, reflecting on the time the Constitution was formulated.

Before 1990, the SWAPO liberation movement was embattled with South African troops at Cuito Canavale; UNITA in Angola was a major destabilising factor in the region; the interim government here and repatriation of thousands from exile; the assassination of Anton Lubowski; and other burning matters, meant that the country’s political and social terrain was in total flux. And yet, with various clamouring interests and aspirations, the founders of the Namibian Constitution were able to thrash out a document that Namibians can live by today.

“How did it happen that we got to the point where we could get political parties together, fix dates for an election and form the Constituent Assembly?” pondered Gurirab, adding: “But once we got started, it was all business; former enemies became friends and partners.” Kader Asmal, a former African National Congress (ANC) MP and legal advisor to SWAPO during negotiations and the constitutional drafting process, remarked that the commemoration should not be a smug self-congratulatory exercise, but indeed a time for introspection.

“There must be a sense of ownership by a country’s citizens of the basic document which governs all aspects of our lives. Also, such ownership will assure skepticism from the public if the Constitution is excoriated or criticised as an obstacle for a particular activity or legislation, usually obscuring the incompetence of the originators of the attack,” said Asmal.

Asmal, who was also one of the drafters of the South African constitution later, said they considered aspects of the Namibian Constitution for inclusion in there, such as the creation of an Ombudsman, an auditor general, and an independent electoral commission “with real legitimacy”.
Greater emphasis there was placed on cultural diversities “as many countries are being torn apart because of the suppression of those aspects of identity that mean so much to some people”, said Asmal.

Namibia, said Asmal, should revisit the decision that gave South Africa total control of the Orange River that forms the border between Namibia and its southern neighbour. “May your constitutional provision on the Orange River soon become a reality,” Asmal said. Professor Mburumba Kerina commended Hage Geingob, the “alchemist who created the chemistry” for the constitutional drafting process, for his “unifying spirit” during those trying times of Namibia’s history.

Chief Justus Garoëb said the drafting process has helped many Namibian citizens to gain confidence to live in peace. He cautioned voices today that want to recall the death penalty for serious crimes, but criticised the fact that cattle theft in Namibia “enjoys the status of a criminal fine”.
Garoëb also bemoaned the fact that the constitution has rendered the chiefs’ courts ineffective, which he said has resulted in overflowing lower court cases today.

Dirk Mudge and Jan de Wet both made appeals to Government to reach out to the Namibian white population. In his first public address in 17 years after he left active politics three years into independence, Mudge said he had thought racism, racial prejudice and intolerance “was out and not used as a political tool”. “It is so easy to respect people regardless of their race or colour; if we can overcome racism, racial prejudice and tribalism, we will be an example of the world,” said Mudge.

Walters said the founders of the constitution should make a concerted effort to encourage co-farmers and employers to respect people’s right to work for fair remuneration and a decent living. “When we do that, we will live up to the vital, living principles of the Constitution,” said Walters.