Geingob's blatant interference in judicial affairs must be exposed

I am referring, among other things, to the highlighted contents of a letter which was hurriedly authored and duly signed by Namibian President Hage Geingob on 15 August 2018. As a legal expert and human rights practitioner of repute, I must say that by writing that letter, President Geingob has committed his hitherto worst and most blatant interference in the affairs of the judiciary in violation of, inter alia, articles 12(1)(a) and 78(3), read together with articles 5, 10, 18, 25(1)(a) and 30 of the Namibian constitution as well as rules 38 and 39 and practice direction 19 of the High Court. Here is why:

1. What President Geingob has done or is doing, is conducting an illegal alternative dispute resolution (ADR). It is illegal because President Geingob is not a High Court judge and President at the same time. He is in any event not lawfully accredited as a mediator and/or conciliator (see inter alia practice direction 19(4)). Secondly, it is illegal because the parties to the Ondonga case dispute did not agree beforehand to appoint him as their private mediator either (see inter alia practice direction 19(3)). He merely abused his power and hurriedly summoned them to appear before him at State House in order to twist their arms and coerce them into a politically-motivated out of court settlement.

2. The reason(s) the president gives for such interference are totally outrageous, discriminatory and unconstitutional for various reasons. According to his letter, one of the reasons for his interference is in order to ensure that “the dignity of Tatekulu Kauluma is not negated by having him 'paraded' in a court of law and embarrassed in front of his people”. Whatever happened to the constitutional provision that all persons are equal before the law? As far as I know, courts are clean halls of justice and as such they are not forums to negate the dignity or to embarrass any parties or anyone else for that matter! Secondly, President Geingob claims that he knows Omukwaniilwa and his family “personally” and hence his hurried interference to protect his personal acquaintances. This clearly demonstrates that the President's interference is mainly, if not exclusively motivated by and or rooted in his personal relationships with Omukwaniilwa (i.e. tribal chief) and his family! What about those Aakwaniilwas and their families who President Geingob does not know personally?

3. Article 78(3) of the Namibian constitution strictly prohibits interference of the judiciary by among others residents of Namibia.

4. Article 12 of the constitution dictates that in the determination of their civil rights and obligations the dignity of all persons before the courts must be respected, protected and realised by all concerned, not least the president.

5. Article 10 of the said constitution prohibits discrimination of any kind against anyone.

6. Articles 5, read with and articles 25(1)(a) and 30 of the constitution peremptorily, obligates among others, the president to respect, protect and realise all the fundamental rights and freedoms of everyone.

President Geingob has just set a very dangerous precedent by perverting the course of justice!







By: Phil Ya Nangoloh