Re: Justice is alive and well and living in Windhoek
This order can only be welcome and is a reflection of the fact that our judiciary - or at least parts of it - is prepared to take a stand. But let's not use this order alone to gauge whether justice itself is alive and well in our Republic. The fact is that the Electoral Commission of Namibia has in previous cases shown blatant disregard for the due process of the law.
I think we should wait and see what transpires. I for one don't think the Electoral Commission of Namibia or its chairman have a very strong sense of their obligations to fulfil the letter AND the spirit of our Republic's electoral laws, in an IMPARTIAL, FAIR, TRANSPARENT, OPEN manner. They - the top management hierarchy, not its footsoldiers - seem to always work to the lowest possible legal bar and moral denominator.
Look - running an organisation like the ECN, and organising elections is not an easy task, but it's made even more difficult if the institution(s) organising elections lose the trust and confidence of parts of society, and political parties. The ECN should never ever have become the story. The story should have been free, transparent, fair, open elections with a result that is accepted, respected and honoured by all involved - is that asking too much? It's possible in other nations, why not ours? Is the ECN actually too politicised to be an honest broker in the process? I sometimes have the strong feeling that it needs to be reformed, and needs a new chairman. Of course it also means that the opposition parties step to the plate and drop spurious claims that won't stand either in a court of law.
But I say this because the recent case involving the NSHR illustrated how easy it is to side-step, if not disrespect and disregard our courts, even where the court in this instance issued a very clear order to the ECN to allow the NSHR to act as election observers. I think the NSHR got away with impunity in that particular case, and I am not too confident that they won't get away will all sorts of machinations once again. But I may be completely wrong, and I'm open to be convinced otherwise.
"Nothing is complete and thus nothing is exempt from criticism." - James Luther Adams:
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