Editorial: Respect works both ways in the courtroom
The ongoing bail applications in the Enercon–Namcor case at the Windhoek Magistrate’s Court have produced moments of intense legal sparring.
Defence lawyers, as is their professional duty, have pushed back hard against State witness and ACC investigator Oberty Inambao.
Yet a troubling pattern has emerged. Some lawyers freely declare that the case has no merit, but when Inambao suggests it does, from his investigative perspective, they remind him he has no authority to decide.
It is also troubling that lawyers who are themselves shouting would ask the magistrate to order Inambao not to shout.
Lawyers are right to fight for their clients – it is the cornerstone of our justice system. However, they should also acknowledge that a witness like Inambao carries a parallel duty to fight for the interests of the wider Namibian public, who ultimately bear the cost of corruption.
That duty extends beyond the current proceedings. It speaks to a history of scandals – such as Fishrot – that robbed honest fishermen of their livelihoods and pushed families into hardship.
It reflects the frustration of citizens who see resources diverted from schools, clinics and public services into private pockets.
This does not mean those in the dock are guilty of corruption because that is for the court to decide, but it does mean that the work of investigators, and their right to stand firm in the face of aggressive cross-examination techniques, deserves recognition.
The justice system works best when each player – lawyer, witness, magistrate – respects the role of the other.
That respect should not be conditional on which side you stand on, but grounded in the shared responsibility to ensure justice is done, and seen to be done, for all Namibians.
Defence lawyers, as is their professional duty, have pushed back hard against State witness and ACC investigator Oberty Inambao.
Yet a troubling pattern has emerged. Some lawyers freely declare that the case has no merit, but when Inambao suggests it does, from his investigative perspective, they remind him he has no authority to decide.
It is also troubling that lawyers who are themselves shouting would ask the magistrate to order Inambao not to shout.
Lawyers are right to fight for their clients – it is the cornerstone of our justice system. However, they should also acknowledge that a witness like Inambao carries a parallel duty to fight for the interests of the wider Namibian public, who ultimately bear the cost of corruption.
That duty extends beyond the current proceedings. It speaks to a history of scandals – such as Fishrot – that robbed honest fishermen of their livelihoods and pushed families into hardship.
It reflects the frustration of citizens who see resources diverted from schools, clinics and public services into private pockets.
This does not mean those in the dock are guilty of corruption because that is for the court to decide, but it does mean that the work of investigators, and their right to stand firm in the face of aggressive cross-examination techniques, deserves recognition.
The justice system works best when each player – lawyer, witness, magistrate – respects the role of the other.
That respect should not be conditional on which side you stand on, but grounded in the shared responsibility to ensure justice is done, and seen to be done, for all Namibians.
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Namibian Sun
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