By Victor Angula|
The National Assembly has once again shown itself for what it is: a ludicrous institution of a failed state.
On 18 March 2021 I sent a letter to the Speaker of the National Assembly Prof. Peter Katjavivi, in which letter I brought to his attention a matter of serious concern: ‘Corruption of procedures at the Namibian Courts’.
I informed the Speaker that according to the Namibian Constitution (Article 78) all judicial power and functions for the administrative justice shall be vested in the Courts of Namibia (the Judiciary), which shall be independent and subject only to the Constitution and the law.
“However,” I added, “the separation of powers do provide for oversight of one another between the three organs of the State, namely the Executive, Legislature and Judiciary. So that when the Judiciary is malfunctioning it must be the responsibility of the other two organs of the State to raise concern and seek for a redress to the situation.”
I said further that the issue I was bringing to the Speaker’s attention is that the Judiciary of Namibia has been engaging in practices which are gross and completely removed from the established manner of administering justice, in that court decisions are too often predetermined – that is to say, a judge may prepare a judgement or other court decision before the actual court proceedings have taken place.
I further informed the Speaker that this practice of delivering predetermined court decisions is illogical and not based on any law of administration of justice and it simply makes a mockery of the justice system.
“The corruption of procedures is rife in the Judiciary. Corruption is not only something that has to do with unlawful exchanges of money or favours or kickbacks, but the corruption of procedures and practices is also corruption.
“And this type of corruption has been going on in the Judiciary of the Republic of Namibia, something which soon will make this country to become a Banana Republic,” I stated.
I therefore brought this matter to the attention of the Speaker “in order that the Speaker may call to order the Chief Justice and ensure that the situation of corruption at the Judiciary is redressed.”
In a four pages long letter dated 14 June 2022 (signed by National Assembly secretary Ms Lydia Kandetu, but indicating that Ms Carol-Ann Esterhuizen/Ms Emilie Kambonde are responsible to handle enquiries), the Speaker Prof. Katjavivi is said to have thus responded to my request of him to call the Chief Justice Peter Shivute to order.
However instead of addressing the issue of corruption of procedures at the Namibian Courts, the Speaker chose to lecture me about things which did not have any relevance to the issue at hand.
He said that according to Articles 78(2) and (3) of the Constitution “… [n]o 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 words that filled four pages Professor Katjavivi took ample time and effort to lecture me about the “separation of powers” and checks and balances inherent in a democratic state, but he failed to say anything about the corruption of procedures at the judiciary which is the thing I brought to his attention.
In a civilised society, a society with functional state institutions, if a citizen has raised an issue such as the one titled “Corruption of procedures at the Namibian Courts,” such would be a serious matter that would receive serious attention.
But for what Namibia is becoming, becoming a failed state, that kind of response by the Speaker of the National Assembly is totally expected.
In the photo: Speaker of NA Prof. Peter Katjavivi, and NA secretary Lydia Kandetu who are trying to ‘hear not/see not/say not’ the corruption at the judiciary.