Namibia: Deplorable erosion of the rule of law
The National Society for Human Rights (NSHR) has deplored "additional gross instances" of the ongoing erosion of the rule of law in the country, as evident from the renewed attacks on the judiciary by high-ranking Government and ruling party leaders. The NSHR said firebrand SWAPO National Assembly MP Petrus Iilonga questioned the loyalty and patriotism of the country’s judiciary. Among other things, Iilonga accused judges of defending criminality and hatred for the ruling SWAPO party.
Press Statement
ANOTHER DEPLORABLE EROSION OF RULE OF LAW
The National Society for Human Rights (NSHR) has deplored "additional gross instances" of the ongoing erosion of the rule of law in the country, as evident from the renewed attacks on the judiciary by high-ranking Government and ruling party leaders.
The NSHT said firebrand SWAPO National Assembly MP Petrus Iilonga questioned the loyalty and patriotism of the country’s judiciary. Among other things, Iilonga accused judges of defending criminality and hatred for the ruling SWAPO party. Speaking on the local NBC’s popular radio phone-in program Open Line between 21h15 and 22h00, Iilonga inter alia claimed:
“What interests are they serving? Where is their loyalty to this country? They must know that they are paid by the Government to defend its interests, not criminality”. They hate SWAPO”.
The country’s English daily The Namibian today also quoted maverick SWAPO Youth League leader Paulus Kapia as saying referring to the judiciary:
“What we have is a judge trying to sabotage peace in this country … deliberately without looking at the security of the Namibian people. The Namibian people do not want to see these people [i.e. Caprivi suspects] outside of our jails”.
The latest attacks on the judiciary came within 12 hours after Judge Elton Hoff ruled last Monday that the High Court has no jurisdiction to try 13 of the more over 120 Caprivi high treason suspects, ordering them released. The 13 suspects were abducted from Zambia and Botswana between August 7 1999 and December 7 2002 to face charges in the marathon Caprivi secessionist trial case. Judge Hoff based his ruling on certain provisions of both local and international law prohibiting abduction.
Kapia reportedly also suggested that Justice Hoff be discharged from his post, also saying judges must “pack and go”.
“These and previous verbal attacks on the judiciary clearly indicate that, although our judiciary is arguably still independent, the preponderant question is: how much longer will such independence be sustained under these circumstances? We continue to note with serious concern systematic effort to rid this country of an independent judicial system. In the beginning in Zimbabwe there was also an independent judiciary. Is there one now?” charged NSHR Executive Director Phil ya Nangoloh this morning.
NSHR revealed between December 10 and 15 2003 that another 8 alleged Caprivi secessionists were also abducted from Botswana in flagrant disregard of the law.
The attacks on the judiciary contradict the provisions of Article
78(3) of the Namibian Constitution, which inter alia stipulates that:
“No member of the Cabinet or the Legislature or any other person shall interfere with Judges or judicial officers in the exercise of their judicial functions”.
In case of further enquiries, please contact P. ya Nangoloh or Dorkas Nangolo-Phillemon at Tel: +264 61 236 183 or +264 61 253 447 (office hours) or Mobiles: +264 811 299 886 (ya Nangoloh) or +264 812 751 883 (Nangolo-Phillemon) or e-mail: [email protected]