Senior Member
Talking about Namibia's Constitution Constitution Day will be celebrated with a gala dinner tonight (09/02/2010), hosting all the surviving members of the Constitutional Assembly and authors of Namibia’s Constitution, as well as South Africa’s Kader Asmal who will be a keynote speaker at the event. Here, New Era speaks to the National Assembly Speaker, Dr Theo-Ben Gurirab, one of the authors of the Constitution.
Background
IN 1976 the United Nations Security Council adopted Resolution 435 heralding the concept that Namibian people should be able to “freely determine their own future”. The adoption of Resolution 435 paved the way for the UN-monitored election in 1989.
The Namibian Constitution became part of an international settlement plan, part of the peace-making process.
It outlines the principles of a unitary, sovereign and democratic state; a supreme and entrenched constitution; parliamentary democracy; a separation of powers, judicial independence and constitutional review; regular and genuine elections with an electoral system based on universal, adult franchise, and secret ballot.
It also makes provision of an enforceable Bill of Rights, outlawing retrospective criminal offences, and fair administration.
What will Kader Asmal address?
All political parties that participated in that election.
South African judges became prominent as some of the legal experts who did the legal work on the Namibian Constitution. If we had failed in Namibia, Nelson Mandela would either have been late in prison by now, or still in prison. They used our experiences here and finally our Constitution. I remember giving four copies to Thabo Mbeki at Lithuli House.
That is how important our Constitution is.
In Namibia, we moved from the battlefield to the elections. After the elections we sat together in the Constituent Assembly and drafted the Constitution with the drafting committee. There was a ceasefire that was bedeviled by the April 1, 1989 crisis; it almost derailed Namibia’s decolonisation process.
Everything that South Africa has, we have here on a smaller scale. So, Namibia’s constitutional drafting became a kitchenette for constitutional drafting and political transformation process.
He will be talking about that.
How relevant does the celebration of this day remain nearly 20 years after the adoption of the Namibian Constitution?
Twenty years is a generation; it is therefore relevant. But the point is whether we should leave it to Government or Parliament to do something everyday.
Is it the responsibility of Government, and why should it be? The Constitution does not belong to Government; it belongs to the people.
If people don’t care about the Constitution, then it says something about the Namibian citizen, communities and nation.
If the individuals, communities and nation think collectively, should they be reminded of it? Should the pastor remind the congregation of the Bible?
It is an empowering instrument for individual citizens. If you don’t know the constitution, how will you know what your rights and obligations are?
It should be a daily manual.
This is what makes it a living document.
Do you think Namibians in all their diversity have embraced the Constitution? Have they internalised the values of the Constitution?
They have not in America whose liberal democracy is now 300 years old. I was at the biggest democracy – in India – in January. The question can also be asked if it had been internalised there.
Cynically speaking, it is perhaps not in governments’ interests that constitutions are living documents because it imposes obligations on these governments to do certain things. Failing to do those things, governments can be taken to court.
Speaking as a student of politics, democracy is probably not in the interest of the powerful people and not in the interests of governments. It is not necessarily in the interest of a failed government at that.
But it is in the government’s interest to have peace and stability, that laws are honoured.
It is a challenge to Government to live up to its promises. But is also a vehicle for people to empower themselves and one way to hold Government accountable.
Internalising the values thereof takes a long time. Internalising means that people know how the constitution empowers them. It is a process that continues forever, as long as there is no military coup or overthrow of government. Internalising should be an ongoing process. Both Government and citizens should do their part to keep the constitution alive. At the end of the day, the constitution is for the individual citizen, and collectively as a nation.
Namibia has had a peaceful and stable 20 years. Does that mean that people are living according to the spirit and letter of the Constitution?
It means different things. The Constitution comes second only to the holy books. It is so fundamental and what has held us together in the last 20 years. What started in 1989 have, all things being equal, come along so well. But while we are counting our blessings, we are taking things for granted. Namibia is still – and things might change – a relatively livable place. It could have been worse.
On April 1, 1989, a war that was said that had come to a standstill once again had broken out. But we had elections that same year. People from opposite sides of the fence shouting at one another and armed to the teeth to kill one another managed to sit down and write this constitution – it was written by us.
It is a combination of things; not one thing. It was the trust and confidence that people from all parts of the divide. The constitution gave the framework to do keep Government in check on its promises made.
How has the Namibian Constitution worked for this country over the last 20 years?
Namibia holds together. Former enemies took one another for granted as Namibians. We have not had any major political disruption or instability. The 1999 Caprivi secessionist move, I maintain, tried to disrupt the stability of the country and violating the Constitution. When I once went to Sweden with a delegation, I was talking to the now deputy foreign ministry about the violation of human rights. She held the Caprivi saga is a violation of human rights, but I was able to silence my counterpart because I held that it was a violation of our Constitution.
The Constitution is a document that gives us confidence that we live in a democracy; it is confidence that empowers me as a citizen to do certain things. One of the great things I used to tell my visitors and friends about was the NBC morning chat shows. It was not so much what was being said, but that Namibians felt they have the democratic right to say whatever they wanted to.
That was one way that Government provided platform for its citizens to see to it that Government and everybody else uphold the Constitution. Is Government still providing such platforms?
Yes and no. This is only a specific instance. People are free; the press is as free as it can be anywhere in the world. But Government should also not be in the business of doing citizens’ work, to keep democracy alive and to keep the Constitution a living document.
There must be reasonable room for suspicion between Government and the private sector. I used to tell my media friends that it is not a good thing for media and Government people to be buddies. There must be reasonable space on both sides, and more so on the side of the media vis-à-vis the government. The public should not entirely leave the empowerment role in the hands of Government.
Don’t you think this happens easily when Government is so central to every aspect of public life, as is the case in Namibia?
If you are in Singapore, Malaysia or other global centres like that, people don’t care if the government exists or not. They can still create their own employment and so on. So, our evolution as a democracy will likely follow that pattern. But Government’s responsibility according to the Constitution is more than the upkeep of the rule of law, elections, and independent judiciary.
At one point, the citizenry should evolve towards a situation where the level of our economy’s well-being is at the same level of political consciousness; then democracy begins to work.
Where people are poor, illiterate, uneducated, uncared for in terms of wealth and social being, democracy becomes laughing stock. At the end of the day, democracy means more than elections and voting. It means transforming a person to become whole unto him/herself to do things for himself/herself. When the person discovers not only freedom, but also the ability to fix things, that is democracy.
The Caprivi secession attempt was probably the biggest challenge for the Constitution. Were there any others?
I cannot think of any other. Apart from that, the Constitution has never been seriously challenged. People have trust in the Constitution and the fact that the environment is conducive where people can image anything they wish for and it is possible to happen. That confidence Namibians have in abundance.
New Era
Member
re: Talking about Namibia's Constitution Hellooo - back after a long time. I was wondering, who are the surviving memebrs of the CA and who have passed away? How are memebrs of the CA treated in Namibai? Are they equal to the heroes we have in the States, or are they considered "junior" to say the PResident and first Cabinet. It's just that the memebrs of the CA don't feature prominently in Namibians political consciousness, or am I missing something?
Senior Member
re: Talking about Namibia's Constitution Hallo Mary_I,
The members of the Constitutional Assembly all became (turned into) members of the (now) National Assembly upon Independence on 21 March 1990.
Thus, most of them have been legislators (Members of Parliament, Deputy Ministers, Ministers, Prime Ministers, Deputy President {1}) over the past 20 years.
Many of them are still alive and will form part of the 5th parliament of the Republic of Namibia on 21 March 2010.
Member
re: Talking about Namibia's Constitution Thank you Mie1. Just another question if you don't mind. Who exactly authored or wrote Namibia's Constitution? Was it the CA?
Here in the US the Constitution was written by a small committee. A man named Gouverneur Morris of Pennsylvania was in charge of the committee to draft the final copy of the Constitution. Other men who were very involved with the writing of our Constitution included John Dickinson, Gouverneur Morris, Thomas Jefferson, John Adams, Thomas Paine, Edmund Randolph, James Madison, Roger Sherman, James Wilson, and George Wythe. Morris was given the task of putting all the convention's resolutions and decisions into polished form. Morris actually "wrote" the Constitution. The original copy of the document is preserved in the National Archives Building in Washington, D.C.
These men are revered in our country and considered the fathers of our nation. Is this the same in Namibia?
Senior Member
re: Talking about Namibia's Constitution Hi again, Mary_I,
In essence the 72 men and women of the CA wrote it. And yes, these people are revered in Namibia. They are, after all, the architects of our democracy!
Here is a list of the CA. Those marked with an "X"after their name have gone to join their forefathers; the others are still alive (to the best of my knowledge - but colleagues will quickly help out here!).
Some are still active in politics; others are not. Some have joined/formed other parties. Some of the parties no longer exist.
South West Africa People's Organization
Mose Penaani Tjitendero - Speaker X
Hage Geingob - Chairman
Hendrik Witbooi X
Ben Amathila
Libertine Amathila
Nahas Angula
H Ausiku
Nico Bessinger X
Willem Biwa
Danie Botha
Klaus Dierks X
Jerry Ekandjo
Moses Garoeb X
Theo-Ben Gurirab
Hidipo Hamutenya
Gert Hanekom X
Marco Hausiku
Hadino Hishongwa
Joshua Hoebeb
Michaela Huebschle
Pendukeni Iivula-Ithana
Nangolo Ithete
Nickey Iyambo
Richard Kapelwa Kabajani
Peter Katjavivi
Willem Konjore
Barmenas Rikurura Kukuri
Philemon Malima
Nathaniel Maxuilili X
Kaire Mbuende
David Meroro X
Peter Mweshihange
J Nathaniel
K Nauyala
Netumbo Ndaitwah
John Ya Otto
Hifikepunye Pohamba
Hartmut Ruppel
Pashukeni Shoombe
Ngarikutuke Tjiriange
Andimba Toivo ya Toivo
Peter Tsheehama X
Ben Ulenga
Buddy Wentworth
Anton Von Wietersheim
Siegfried Wohler X
Democratic Turnhalle Alliance
Mishake Muyongo
Dirk Mudge
Ben Africa X
L Barnes X
Magareth Barnes
Gottlieb Dan
Johannes J /Gaseb
Allois Gende
Joseph Haraseb
Jeremia Jagger
Petrus Junius
Geelboy Kashe
Katuutire Kaura
Constance Kgosimang
Fanuel Kozonguizi X
Daniel Luipert
A Majavero
Andrew Matjila
A Nuule
Hans Erik Staby X
C van Wyk
United Democratic Front
Justus Garoëb
Reggie Diergaardt
Eric Biwa
T Soroseb
Action Christian National
Kosie Pretorius
Jan de Wet
W Aston
FCN
Johannes Diergaardt
Mburumba Kerina
Namibia National Front
Reinhart Vekuii Rukoro
National Patriotic Front
Moses Katjiongua
Senior Member
Awards:
Talking about Namibia's Constitution Hi Mary,
Namibia's Constitution was drafted by a 12-member Drafting Committee elected by the CA. I'll try and get the list of members of this committee, which essentially debated and argued for hours and hours to produce one of the world's finest constitutions. As far as I know the CA regularly reviewed the progress of the drafting committee and then finally approved the document.
I think it is fair and appropriate to say that the architects of modern Namibia and its Constitution are the members of this committee. I also think they are not widely recognised and honoured in Namibia as such, eclipsed as they are with Namibian's fondness for everything executive and presidential.
But that may just change with time - I truly hope - as more and more of us realise just what a fundamentally important piece of work these great leaders were able to produce. To me they are the true, the real Fathers of the Nation and they should be celebrated as such. Their piece of work forms the basis, the foundation, the basic law for our nation.
"Nothing is complete and thus nothing is exempt from criticism." - James Luther Adams:
Member
Re: Talking about Namibia's Constitution Have you had an opportunity to get the list of the people who drafted the Constitution? Can anyone help here?
Senior Member
Re: Talking about Namibia's Constitution Further to the constitution: Almost 98% of registered voters turned out to elect members of the Constituent Assembly. The elections were held in November 1989 and were certified as free and fair by the UN Special Representative, with SWAPO taking 57% of the vote, just short of the two-thirds necessary to have a free hand in revising the framework constitution that had been formulated not by UN Commissioner Carlsson but by South African appointee Louis Pienaar. The opposition Democratic Turnhalle Alliance received 29% of the vote. The Constituent Assembly held its first meeting on November 21, 1989 and resolved unanimously to use the 1982 Constitutional Principles in Namibia's new constitution.
Senior Member
Re: Talking about Namibia's Constitution Diligent research has paid off:
21/11/89 Sam Nujoma opens the Constituent Assembly exactly one week after the elections being certified. The sixty-six men and six women of the Constituent Assembly represent a total of seven political parties. Theo-Ben Gurirab proposes the adoption of the 1982 Constitutional Principles of the Western Contact Group (UN Report S/15287 dated 12.07.1982). It is agreed that Namibia will be a multi-party democracy with an independent judiciary and a strong Bill of Rights which would protect civil liberties and oppose arbitrary expropriation of private property without justification. Nico Bessinger proposes that Hage Geingob, SWAPO’s election campaign manager, is elected Speaker. He chairs a Standing Committee consisting of twelve SWAPO members and nine from other parties (DTA: four and NNF, FCN, ACN and UDF one member each) to draft the rules of procedure which are adopted by the end of November. Later Geingob chairs the constitutional Drafting Committee. Dirk Mudge from the DTA proposes the acceptance of the SWAPO draft as the basis for drafting the Constitution. The constitutional draft is decisively designed by Hartmut Ruppel and the President of the NNF, Vekuui Rukoro. Namibia is the second country in Africa (after Cape Verde) abolishing the death penalty. The basic human rights cannot be changed, not even with a two-third majority in Parliament. At the end there are only two points of material dispute between the parties: over the question of an Executive President and whether or not there should be a second chamber of Parliament.
21/12/89 Sam Nujoma announces his Shadow Cabinet for the first freely-elected Government of the Republic of Namibia. Hage Gottfried Geingob becomes Prime Minister. The following ministries are created (Minister, Deputy Minister, Permanent Secretary): Agriculture, Fisheries, Water and Rural Development (Minister not appointed yet, Gerd Hanekom is appointed as Minister as from February 1990, Kaire Mbuende, Calle Schlettwein); Defence (Peter Hilinganye Mweshihange, Phillemon Malima, Frans Kapofi); Education, Culture and Sport (Nahas Angula, Buddy Wentworth, Vitalis Ankama); Finance (Otto Herrigel, Deputy Minister not appointed yet, Godfrey Gaoseb); Foreign Affairs (Theo-Ben Gurirab, Netumbo Nandi Ndaitwah, Andreas #Guibeb (son of Diederick #Guibeb)); Health and Social Services (Nicky Iyambo, Deputy Minister not appointed yet, Solomon Amadhila); Home Affairs (Lucas Hifikepunye Pohamba, Nangolo Ithete, Ndali Kamati); Information and Broadcasting (Hidipo Hamutenya, Daniel Tjongarero, Vezera Kandetu); Justice (Ernest Ngarikutuke Tjiriange, Vekuui Rukoro (NNF), Albert Kawana); Labour, Public Service and Manpower Development (Hendrik Witbooi, Timothy Hadino Hishongwa, Tuli Hiveluah); Land, Resettlement and Rehabilitation (Marco Hausiku, Marcus Shivute, Uitala Hiveluah); Local Government and Housing (Libertine Amathila, Jerry Ekandjo, Nghidimondjila Shoombe); Mines and Energy (Andimba Toivo Ya Toivo, Helmut Kangulohi Angula, Leake Hangala); Trade and Industry (Ben Amathila, Reggie Diergaardt (UDF), Tsudao Gurirab); Wildlife, Conservation and Tourism (Niko Bessinger, Pendukeni Iivula Ithana, Hanno Rumpf); Works, Transport and Communication (Richard Kapelwa-Kabajani, Klaus Dierks, Peingeondjabi Shipoh). Further members of the Cabinet are the Secretary General of SWAPO (Moses Makue ||Garoëb); the Minister of State for Security (Peter Tshirumbu Tsheehama); the Attorney-General (Hartmut Ruppel); the Auditor-General (Gerd Hanekom, later Jan Jordaan) and the Director-General of the National Planning Commission (Zedekia Ngavirue). While approximately 50 % of the government positions have been allocated to the Oshivambo speaking community, other Namibian communities are also represented. The key positions are filled by formerly exiled SWAPO members of the SWAPO Central Committee. The "white", and especially the German speaking group is clearly over-represented. Two deputy ministers belong to opposition parties (NNF and UDF). This indicates SWAPO’s policy of "National Reconciliation".
09/02/90 The Constituent Assembly unanimously adopts a new Constitution. This symbolically and materially ends an era of colonial oppression and resistance against foreign rule. It is adopted at an outdoor ceremony before the facade of the Tintenpalast. This is covered by a huge banner reciting the Preamble of the Constitution. Article 133 of the new Constitution provides that the Constituent Assembly would become the first National Assembly of Namibia, the first president being the person elected to that office in the Constituent Assembly.
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