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Deliberately misinterpreting the Swapo constitution

Professor Joseph Diescho
The people who are spinning the narrative of semantics, namely that the Swapo rules do not make it mandatory to hold the prescribed and now accepted extraordinary congress within three months, are either disingenuous or are not schooled in constitutional law and interpretation of constitutions. They are being self-serving in the exercise of undeserved authority and are disregarding the interests of the party whose life is synonymous with the struggle for our freedoms and liberties and the gains of our national independence.

The essence of interpreting constitutional rules is to go back to and understand the original intent of those who crafted the law. In this instance, there is no way that the crafters of the article that prescribed that an extraordinary meeting be called/held/ could have intended to make a 'mere suggestion' that such a meeting to elect the successor after the president had died or a dramatic vacancy occurred could take place anytime in the future, or when those who were tasked to fill such an unfortunate vacancy found it convenient to do so.

Rules

The constitutional language is peremptory and names three calendar months, not the calendar of emotions of individual role players who might be conflicted or have a vested interest in opposing such a meeting. We have a problem, namely that we are guided by individuals who are unclean and who are heavily self-serving and self-medicated.

They think they know the solutions at all times and no one elected them to feel that way. In their pursuits of self-interest, they disregard the interests of the party in the medium and long terms, not to mention the wellbeing of the nation. Netumbo Nandi-Ndaitwah should have been elected president of Swapo at the elective congress of 2022.

At the time, the president did not like her, and within the culture of fear and group psychology, people sang, danced and circumvented the rule that prescribed that all top positions had to be filled through an open, free and fair elective process.

Aftermath

Now we are dealing with the stink of that opportunistic and calculated political error. However, on Saturday, the central committee was wise and correct to embrace the precept that the extraordinary congress be held.

But not more than one year later, as this defeats the whole purpose of what was intended as well as the rule of law.

The correct and constitutional way to go is to hold the extraordinary congress in three months as prescribed and have Netumbo elected once and for all. That would essentially obviate the difficulty of two centres of power that are already rearing its ugly head. Constitutions are to be upheld fairly and seamlessly at all times. Why not elect Netumbo through the elective congress now so that she is not saddled next year with crises of authority, identity and legitimacy? There is never a wrong time to do the right thing.

*Professor Joseph Diescho. Bonn, Germany

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Namibian Sun 2024-04-27

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Premier League: Brighton 0 vs 4 Manchester City | Manchester United 4 vs 2 Sheffield United | Everton 2 vs 0 Liverpool | Crystal Palace 2 vs 0 Newcastle | Wolves 0 vs 1 Bournemouth LaLiga: Real Sociedad 0 vs 1 Real Madrid SerieA: Frosinone 3 vs 0 Salernitana | Udinese 1 vs 2 AS Roma European Championships Qualifying: Queens Park Rangers 4 vs 0 Leeds United | Coventry City 2 vs 3 Hull City English Championship: Queens Park Rangers 4 vs 0 Leeds United | Coventry City 2 vs 3 Hull City Katima Mulilo: 16° | 31° Rundu: 20° | 32° Eenhana: 17° | 33° Oshakati: 19° | 33° Ruacana: 16° | 33° Tsumeb: 17° | 31° Otjiwarongo: 17° | 30° Omaruru: 19° | 32° Windhoek: 16° | 28° Gobabis: 17° | 28° Henties Bay: 17° | 25° Wind speed: 19km/h, Wind direction: S, Low tide: 11:03, High tide: 05:02, Low Tide: 23:14, High tide: 17:32 Swakopmund: 16° | 22° Wind speed: 21km/h, Wind direction: SW, Low tide: 11:01, High tide: 05:00, Low Tide: 23:12, High tide: 17:30 Walvis Bay: 18° | 29° Wind speed: 28km/h, Wind direction: SW, Low tide: 11:01, High tide: 04:59, Low Tide: 23:12, High tide: 17:29 Rehoboth: 18° | 29° Mariental: 21° | 32° Keetmanshoop: 22° | 33° Aranos: 18° | 31° Lüderitz: 16° | 28° Ariamsvlei: 22° | 33° Oranjemund: 14° | 25° Luanda: 25° | 30° Gaborone: 15° | 26° Lubumbashi: 11° | 24° Mbabane: 11° | 20° Maseru: 10° | 23° Antananarivo: 15° | 24° Lilongwe: 13° | 24° Maputo: 17° | 26° Windhoek: 16° | 28° Cape Town: 16° | 23° Durban: 15° | 24° Johannesburg: 14° | 23° Dar es Salaam: 23° | 30° Lusaka: 15° | 25° Harare: 12° | 24° Currency: GBP to NAD 23.44 | EUR to NAD 20.1 | CNY to NAD 2.59 | USD to NAD 18.8 | DZD to NAD 0.14 | AOA to NAD 0.02 | BWP to NAD 1.32 | EGP to NAD 0.38 | KES to NAD 0.14 | NGN to NAD 0.01 | ZMW to NAD 0.7 | ZWL to NAD 0.04 | BRL to NAD 3.66 | RUB to NAD 0.2 | INR to NAD 0.23 | USD to DZD 134.22 | USD to AOA 834.06 | USD to BWP 13.79 | USD to EGP 47.85 | USD to KES 134.48 | USD to NGN 1329.44 | USD to ZAR 18.78 | USD to ZMW 26.5 | USD to ZWL 321 | Stock Exchange: JSE All Share Index 75370.99 Up +1.40% | Namibian Stock Exchange (NSX) Overall Index 1673.12 Up +1.85% | Casablanca Stock Exchange (CSE) MASI 13354.97 Up +0.06% | Egyptian Exchange (EGX) 30 Index 25917.59 Down -3.21% | Botswana Stock Exchange (BSE) DCI 9142.54 Same 0 | NSX: MTC 7.75 SAME | Anirep 8.99 SAME | Capricorn Investment group 17.34 SAME | FirstRand Namibia Ltd 49 DOWN 0.50% | Letshego Holdings (Namibia) Ltd 4.1 UP 2.50% | Namibia Asset Management Ltd 0.7 SAME | Namibia Breweries Ltd 31.49 UP 0.03% | Nictus Holdings - 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Nam 2.22 SAME | Oryx Properties Ltd 12.1 UP 1.70% | Paratus Namibia Holdings 11.99 SAME | SBN Holdings 8.45 SAME | Trustco Group Holdings Ltd 0.48 SAME | B2Gold Corporation 47.34 DOWN 1.50% | Local Index closed 677.62 UP 0.12% | Overall Index closed 1534.6 DOWN 0.05% | Osino Resources Corp 19.47 DOWN 2.41% | Commodities: Gold US$ 2 338.05/OZ UP +0.31% | Copper US$ 4.54/lb UP +0.71% | Zinc US$ 2 869.50/T UP 0.15% | Brent Crude Oil US$ 88.96/BBP UP +0.08% | Platinum US$ 913.47/OZ DOWN -0.0026