Namibia: Open letter to President Pohamba

OPEN LETTER TO PRESIDENT POHAMBA
November 24 2008

Comrade President, it is with a heavy heart and great deal of hesitation that I have to direct this open letter to you, as our Head of State, following what occurred at Outapi on Saturday. I deliberately decided to make this an open letter, because I would like other citizens of this great country of ours to also read it and in order for them to take note of what I have said and, further, in order for them to be witnesses thereto. I hope and pray that soon no one would ever say "but Phil ya Nangoloh once warned our President about this" and further that "the President himself cannot say that he has never been warned about this".

Mr. President, like Swapo Party Founder Tate Herman ya Toivo and all other well-intentioned Namibians, I am deeply disturbed by the escalating political intolerance in this country since the middle of last year, manifesting itself through inter alia the spiraling political violence and hate expression as well as lawlessness. These things have the ominous potential of plunging this nation into ethnic violence and chaos a la Kenya and or the political violence spearheaded by ZANU-PF in neighboring Zimbabwe.

There is general consensus in this country that Swapo Party members and supporters are the ones who are spearheading these acts of violence and lawlessness. Unless drastic corrective measures are instituted, there is very little, if any, hope to believe the upcoming elections scheduled for 2009 will ever be free and or fair.

Comrade President, my deepest fear lies in the possibility that the present levels of ethno-political violence and lawlessness might result in an ethnic conflict with attendant commission of crimes against humanity as had happened elsewhere under similar conditions.

Mr. President, let me stress here that I have deep respect for you personally as I have come to know you personally following and since our first face to face meeting some time in 1992 in your offices as Home Affairs Minister. This became possible when you invited me and my human rights colleagues to exchange views about human rights violations by the special constables as well as about the land issue which were burning issues at the time.

Comrade President, my deepest concern is that when you took office on March 21 2005 as the Head of State and Commander-in-Chief of Namibian security forces, you impressed me and thousands of other Namibians when you assured the nation that you are the President of all Namibians, regardless of their political affiliation. And, furthermore, that shortly before you became our Head of State, you have taken an oath in terms of Article 30 of the Constitution and under the penalty of perjury and impeachment to uphold, protect and defend the Constitution as the Supreme Law of our Republic. Moreover, in terms of Article 32 of the Constitution, you are vested with enormous executive powers, functions and duties, subject to the Constitution, to uphold, protect and defend the Constitution and in so doing to perform all acts necessary, expedient and reasonable to uphold, protect and defend all the basic human rights and fundamental freedoms of everyone in Namibia as contemplated in Article 5 of the Constitution. In my sincere opinion this is where you are failing this nation!

In other words, Mr. President, in terms of the Constitution you not only have right to be and remain the Head of State of our Republic, but at the same time you are also duty-bound to decisively act like one. As both the Head of State and President of the Swapo Party you are, in the final analysis, responsible ratione materiae for what your Swapo Party subordinates are doing in violation of the constitutional principles and the laws of this country as well as for the omissions or commissions of some Police officers, such as Deputy Commissioner Simeon Shidinge of the Omusati region, have reportedly done at the weekend at Outapi.

Comrade President, I dare also say that I have great sympathy for you vis-à-vis the heavy and often disrespectful criticism you are reportedly receiving from some of your colleagues in the Swapo Party and, as has been reported widely in the media, that there are even strong feelings in certain Swapo Party circles to have you removed as Namibian President. I am, however, quick to add that I see no problems and have no qualms with those who want to unseat you: provided they do so in a democratic fashion as laid down in the Constitution and laws of our Republic.

But the abovementioned criticisms are not enough excuse and should never be an excuse for you not acting decisively against the violence and lawlessness before it is too late. This is necessary even if these things are being committed by your Swapo Party subordinates. Please demonstrate to this nation that you are indeed both the de jure and de facto President of this country and act decisively to ensure that the Constitution and the laws of this country are respected by all our citizens, regardless of their political affiliation.

As a responsible citizen under our constitutional democracy, this was my advice to you, Mr. President. Thank you.

Citizen Phil ya Nangoloh

Windhoek
Cell: +264 811 299 886