Swapo leaders clashed over death penalty during constitution talks

Namibia’s founding constitution was shaped amid sharp disagreement within Swapo itself, with senior party figures divided over whether the death penalty should be allowed — even in limited form.

This is revealed in The Art of Persuasion: The Making of Namibia’s Constitution, a new book by Dr Audrin Mathe to be launched today in Windhoek, which revisits the tense December 1989 debates at the Constituent Assembly.

According to the book, Swapo delegates Nahas Angula, Pendukeni Ithana and Nico Bessinger took markedly different positions on capital punishment, exposing ideological fault lines within the liberation movement as it transitioned into a governing party.

Bessinger argued against a blanket abolition, cautioning the assembly against rushing into an irreversible decision. He proposed that the death penalty remain available to the courts, but only as a discretionary measure for the most extreme crimes.

“It is something that needs to be there, but it needs to be used in a discretionary fashion,” Bessinger told the assembly, warning that removing the option entirely could limit the state’s response to exceptional cases.

His position contrasted sharply with that of Pendukeni Ithana, then the sole female delegate, who forcefully called for the complete removal of any constitutional wording that could permit executions.

“We agree that the words from ‘except’ up to the end must go. So, that it reads: personal liberty,” Ithana argued, insisting that the right to life should admit no exceptions.

Angula, then Swapo’s education secretary, acknowledged the implications of Ithana’s proposal, stating plainly: “It means no death sentence in Namibia.” His intervention reflected an acceptance of abolition, even as debate continued within the party.

Opposition delegate Dirk Mudge, then of DTA, responded bluntly: “That is what we are saying, whether we agree or not,” underscoring the gravity of the choice before the Assembly.

The debate extended beyond party lines, with Constituent Assembly chairperson Mose Tjitendero – also a Swapo member - opposing capital punishment on empirical grounds. He argued that the death penalty had failed globally as a deterrent and that modern societies could reform offenders without resorting to execution.

Ultimately, the abolitionist position prevailed. Article 6 of the Namibian Constitution guarantees that “the right to life shall be respected and protected” and explicitly bars courts from imposing the death sentence.

Despite this, calls to reinstate capital punishment periodically resurface, particularly after high-profile violent crimes. Human rights researcher Matthew Burnett recently criticised renewed demands for executions following horrific assaults in Windhoek and Swakopmund.

“The death penalty is explicitly outlawed by the Namibian Constitution and contravenes Namibia’s regional and international human rights obligations,” Burnett said, adding that amending Article 6 would require dismantling the Constitution itself.

As Namibia marks Constitution Day today, political analyst Ndumba Kamwanyah says the historic debate remains relevant.

“The Constitution is widely respected in principle, but living by it in daily practice is still uneven,” Kamwanyah said. “Many Namibians value the peace, equality and rule of law it guarantees, yet we continue to struggle with accountability, service delivery and respect for institutions.”

He added that while the Constitution laid a strong foundation for democracy and human rights, the task ahead is to ensure its principles are reflected in governance and everyday life.

“People do not eat a constitution,” Kamwanyah said.

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