Lawman

Youthful Advocate Eliaser Nekwaya speaks to Zone about his journey towards law and eventually qualifying as an advocate.The Zone (Z): Briefly tell us about yourself, where were you born and raised? Eliaser Nekwaya (EN): I was born in Windhoek, raised in Omuntele village (Oshikoto Region) where I grew up with my grandparents, looking after cattle and goats, cultivating our mahangu field and generally attending to domestic work associated with young boys at the time. I am just shy of 29 years of age today. Z: Take us through your educational background, why the interest law and how (and where) you acquired your qualifications? EN: I attended primary and junior secondary school in Omuntele until 2004. Between 2005 and 2006 I attended senior secondary school in Ekulo Senior Secondary School, where I completed grades 11 and 12. In 2010 I graduated with a B. Juris degree, and in 2012, I graduated with my Bachelor's of Law (LLB) degree.During June 2017, I submitted a thesis as part of the requirements for fulfilment of a Master of Law (LLM) in Corporate Law with the University of South Africa, which I will soon graduate. On 12 July 2013, I was admitted as a legal practitioner of the High Court of Namibia. Z: You recently became an advocate, to our readers who don't know what the title represents, give us a brief explanation? EN: Traditionally, the word “advocate” means the person called to the side of another to render him judicial assistance. An advocate is generally a specialist in forensic litigation and in rendering advice on legal matters. An advocate is also primarily an expert in advocacy, which is the art of presenting the client's case in court. In practice, advocates, who are members of the Society of Advocates of Namibia, are independent legal practitioners who practice on their own account, but subject to the referral rule. The referral rule means that advocates are instructed by legal practitioners. Z: Prior to independence and early thereafter, black children often didn't have role models who look like them and people like you continue to break barriers and own spaces which in the past were denied for black people. What does your achievement mean for children navigating this world? EN: I do not consider myself to have broken a barrier. Barriers were broken by our forebears. To young people and school-going children out there, joining the bar through pupillage is very hard. It is stressful, and it is intense and definitely annoyingly uncertain especially because the law is a very vast subject - there is always much reading and research to do. There is no advantage or previous disadvantage rule in the quality of the training or the examinations given. Logically, it must be so, because the profession has very a difficult constitutional mandate to promote and uphold and clients should expect a high quality of work from the advocate, no matter his or her colour. As a person from a previously disadvantaged background, I felt I owed this duty towards those from my educational background to succeed. However, regardless of your race (granted the opportunity), if you are ethical, disciplined and diligent, becoming an advocate is a realistic dream. Only a person with these character traits would be admitted to undertake pupillage and consequently be called to the Bar to assist in the realisation of Namibia's difficult constitutional project. Z: Let's talk legal assistance. It's no secret that poor Namibians still struggle to access quality legal representation and assistance so where are we in terms of ensuring that the poor access quality legal representation and what more can be done the level the playing field? EN: Space constraints do not permit the effective answering of this question. Without detail, I will however remark that access to justice has suffered at the hand of exorbitant legal fees, the decrease in the pro bono culture and inadequate provision for legal aid. Although the state provides legal aid services through the Legal Aid Act, they are limited to availability of resources in the public purse. In my view, the state is really trying its level best to assist more people to access justice but I think consideration should be given to the adequate distribution of those funds. Z: What are your hopes and dreams for the justice system in Namibia? EN: Chiefly, that the onerous constitutional task of access to justice for all Namibians is realised and that the independence of the judiciary is maintained. These are paramount to the rule of law. Although there are various challenges facing the justice system, with concerted efforts from all of us, we will be able to overcome the challenges progressively. SHONA NGAVA

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Namibian Sun 2025-07-16

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Namibian Sun 2025-07-16

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