EDITORIAL: Namibia deserves finality on ‘acting presidency’ debate

The debate over whether the Namibian Constitution allows for an acting president when an elected head of state cannot complete their term resurfaced over the weekend, sparked by media reports on the generous post-retirement benefits enjoyed by former heads of state.

When the late Hage Geingob passed away in early 2024, the nation found itself debating whether Nangolo Mbumba, who assumed the office, was merely acting in the role or serving as the substantive president.

Article 34 states in verbatim that such a person shall “act as president.” To some, the wording suggests a temporary custodianship - an acting role until a permanent arrangement is made. Others argue that “act” in this context simply means “serve,” thereby rendering the successor the substantive head of state with full powers and responsibilities.

Semantics may appear academic, but the implications are financial and political. Substantive heads of state are entitled to significant post-service benefits, including a lifetime salary and a retirement residence valued at over N$30 million. Taxpayers want to know, and rightly so, whether these arrangements reflect constitutional intent or an overly artificial interpretation for parochial benefits.

Namibians deserve clarity. Some believe ambiguity around Article 34 was deliberately exploited to secure windfalls for political elites. Others maintain that the succession process – and the benefits that followed it - was constitutionally sound.

Attorney general Festus Mbandeka confirmed in February 2024 that Mbumba’s swearing-in complied with the Constitution and that he lawfully assumed the presidency. But legal opinions are not immune to scrutiny. On other occasions, the attorney general’s interpretations have been rejected or contested. Society cannot selectively accept official opinions when convenient and discard them when inconvenient.

Taxpayers are not opposed to dignified treatment of former leaders. However, dignity must coexist with accountability, transparency and constitutional fidelity.