Selective enforcement and bias are fatal to the rule of law

It is well-established that laws are made and passed by the legislative authority and enforced by law enforcement agencies under the executive branch of government with the aim of maintaining and promoting law and order – this is a founding principle of Namibia as a sovereign state.However, when examining the manner and style the laws of the country are being enforced, it leaves one wondering whether perhaps laws are enforced selectively and with bias.When laws are passed and enacted by the legislative authority, they are done so with a purpose to maintain law and order, protect individual rights and promote justice within a society. Laws serve as a legal framework that govern behaviours, establishes a standard of practice and provides mechanisms for resolving conflicts in a society.The primary function of law enforcement agencies is to ensure that laws are complied with and any transgression is addressed swiftly without fear, favour or prejudice.In terms of the Namibian Constitution, Article 10 provides that all people are equal before the law.This means that no one is above the law. Everyone must obey the law, regardless of colour, ethnic origin, religion or creed, social and economic status.Poaching dilemmaIllegal poaching has become a continental concern.Various law enforcement agencies have undergone technical training to ensure that they are well equipped with the latest technologies and are able to combat such activities, are skilful in apprehending culprits and, once apprehended, they are brought to book to face the full wrath of the law without fear, favour or prejudice.Namibia, as a sovereign state established under the principles of democracy, rule of law and justice for all, is likewise faced with a similar conundrum of wildlife rustlers.Namibia’s Nature Conservation Ordinance No. 4 of 1975, as amended, regulates the utilisation of game and game products. It requires individuals to first obtain a permit from the Ministry of Environment, Forestry and Tourism before engaging in any hunting activities or culling of wild animals.In Namibia, anti-poaching units have been established, comprising members of the Namibian Police and specialised wildlife protection teams. These units are well trained to track down illegal hunters and investigate poaching activities, particularly in protected areas such as Etosha National Park, Bwabwata National Park and various private wildlife farms and conservancies across the country.It is sad to note that despite a focus on anti-poaching in major wildlife parks, law enforcement agencies appear to cast a blind eye on those individuals that are illegally poaching and selling off game meat products at open markets in places such as Otjiwarongo and Otavi.These individuals appear to be permitted to trade in protected game products, selling meat from species such as oryx, kudu, springbok, impala, antelope and warthog, as well as beef. How they obtain these products remains unclear.Investigations neededThe key question is whether these traders selling wildlife meat at open markets are doing so legally, with valid permits issued to them. If permits are indeed being granted, who is applying for them? Notably, many of these sellers appear to be otherwise unemployed.There is a need to investigate further: From which farms is this meat sourced? Are the traders working for their own gain, or are they proxies and/or representatives of some prominent persons who use them to attain unjustified profit? Are these wildlife animals not becoming extinct?I think it’s high time for law enforcement agencies to conduct a special operation and investigate the source of such wildlife meat sold at relevant open markets without clearly ascertainable permits.It appears that these types of operations are flourishing and are overshadowed by anti-poaching taking place in game reserves, and the law enforcement agencies seem not to pay attention to such, and by so doing, that’s what we call hypocrisy and bias in enforcing Namibian laws.*Lucas Tshuuya is a legal practitioner from Onaanda village in the Uukwambi district. tshuuya@iway.na

Selective enforcement and bias are fatal to the rule of law

Comments

Namibian Sun 2025-05-01

Please login to leave a comment

Selective enforcement and bias are fatal to the rule of law

Comments

Namibian Sun 2025-05-01

Please login to leave a comment

Login