EDITORIAL: Separation of powers in Namibia – principle or pretence?

The question of whether Namibia truly upholds the doctrine of separation of powers has hovered over our democracy like an unanswered riddle.

At the heart of this recurring debate lies a structural contradiction: members of the executive – our ministers – doubling as lawmakers in parliament, which is supposed to hold the executive accountable.

This blending of roles is not just a quirk of political convenience; it's a direct challenge to the very principle of separation of powers. The fact that the head of state also appoints judges to the judiciary only compounds the concern.

The latest flashpoint comes courtesy of the Mac Hengari saga and the legal wrangling over whether President Netumbo Nandi-Ndaitwah has the power to dismiss members of parliament.

According to the presidency, she does. But constitutional purists argue that this assertion may fly in the face of the separation of powers.

Here’s the legal conundrum: while political parties can initiate the withdrawal of their own MPs, can a head of state personally sack a legislator? In Hengari’s case, it gets even murkier. He wasn’t elected under the Swapo banner. He entered parliament as one of the president’s own nominees – a category specifically designed to allow experts, independents or even opposition figures to contribute to national lawmaking, free from party allegiance.

Yet one cannot entirely dismiss the counterpoint: if a president is empowered to appoint a nominee, should they not also have the power to revoke that appointment, especially if the nominee faces grave allegations? The alternative – that presidential nominees become immune from recall – poses its own democratic dangers.

This debate isn’t merely academic. It strikes at the foundations of our political system.