EDITORIAL: Is the military above the law?

One of the key priorities of former defence minister Peter Vilho, before his unceremonious exit a year ago, was “to build a professional force”.Looking at the stringent requirements for the latest army recruitment, especially the academic part of it, it would seem the military indeed strives to evolve into a professional unit.However, professionalism also means adhering to the country’s civilian law and respecting institutions of state – such as the courts.Yesterday, military chiefs admitted that the army was successfully sued when a court ruled in favour of a man who was denied employment because of his HIV-positive status.To the best of our knowledge, that ruling stands and has thus set a precedent in both law and labour practice.Admittedly, the military is a different kettle of fish. Being a rigorous and energy-consuming job, especially in times of war and civil strife, the military could simply state its case, whether in court or parliament where laws are made, about why it is risky to employ soldiers infected with HIV.But even then, they may only implement this restriction if they win their argument and this becomes law. It was shocking to hear Major General Petrus Nathinge conceding that while there is a ruling prohibiting discrimination against people infected with HIV, the NDF proceeded with making this one of its prerequisites for employment in the army. The military cannot act as an island. It is not bigger than the Namibian Constitution.

EDITORIAL: Is the military above the law?

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Namibian Sun 2026-10-15

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EDITORIAL: Is the military above the law?

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Namibian Sun 2026-10-15

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