For the comfort of the puppet master

We are always told by our friends who studied and now practice the so-called noble profession that law is meant for the subject.

Put otherwise, it is an invitation to an understanding that law primarily exists to serve its subjects and the very society in which it is applicable. From this understanding, it would thus suggest that the law in Namibia is to benefit Namibians and society. How true is this, and to what extent is this our concern today?

There has never been an embarrassing situation, in my active life before or after independence, as far as representative leadership is concerned, like what occurred in the National Assembly a few months ago before that honourable house went into recess.

More disappointing and confusing were the remarks of my extended relatives baKawana, the Minister of Home Affairs, Safety and Security. It was during those rushed Bills that our youth labelled them as engineered by outsiders.

These Bills were swiftly passed in a concerning fashion. Minister Kawana stood to warn his fellow lawmakers that these laws are being imposed on Namibia by countries he has not mentioned, and it is the Namibians that would suffer.

These laws were, in any case, passed despite Kawana’s theatrics. What comes to mind is: how is it possible that Kawana would express these sentiments in parliament as a sitting member of Cabinet and former attorney-general?

This sent serious shivers down my spine. How many other laws and decisions of this nature occur in our government?

Conclusions

This takes me back to the original question, leading to the conclusion that law is not always for the subjects and the society to which it is applied. Kawana and the rushed Bills scenario prove this point. We are to then arrive at the conclusion that, at times, law is for the master and his comfort. In the case of these speedy Bills, it is thus clear that they were passed for the puppeteering master who wanted these laws to be passed, as confirmed by baKawana.

But this conclusion does not only emerge from this single event. We know very well that freedom fighters, in preparation for independence, did not consider or stretch their imagination of any new or different judiciary that is found on the basis of African judicial principles. To settle this debate, one must simply gain access to the curriculum and materials that Chief Justice Peter Shivute and others were taught in those exile classrooms in Zambia at UNIN. Furthermore, in his critique of traditional leaders who bring their disputes to our courts, President Hage Geingob asked them why they were approaching "European courts," referring to our judiciary.

If the curriculum and materials at UNIN are hard to find, then the opinions of President Geingob are sufficient. He was the director of UNIN. In any case, our children at law school at the University of Namibia are told the truth: Namibia practices uncircumcised Roman-Dutch law. The Dutch and the Italians, the puppeteering masters, marvel each time we make claims or allegations of "Namibian law". For the masters, it is absolutely clear!

Own laws

The Africans had their own law, customary law. Many black Namibians, including jurists and academics alike, have done very little to promote customary law. Beyond the constitutional provisions that recognise it for tokenism and subordinate it to Roman-Dutch law, there is little work done on this score. Scholarly authority and authorship on Namibian customary law remain the domain of an old white German professor seated in Germany. Use the email below if you want to know his name. To his credit, Judge President Petrus Damaseb has made a considerable attempt with his ruling in favour of a family whose land was under threat by the land-hungry Katima Mulilo town council. He affirmed customary land rights. Beyond that, there is still little to show. The law remains and is passed for the comfort of the puppeteering masters.

If the rhinos could speak, they would be grateful for the amount of protection they received from our lawmakers. It is easier for men who rape our children to get bail than for those caught with rhino horns. An old man raped a child in the Zambezi Region a few months ago and quickly got bail. It took more than 10 years for the two Americans to be convicted of murder, but it took less than 18 months for the preacher Jackson Mbabi to be convicted for being found in possession of rhino horns. One of the children of the king of England is an ambassador for animal organisations.

As puppeteers, laws in countries controlled by the British will obviously prioritise matters of concern to the master. While we have been crying for land for the past 33 years, it would seem that with recent campaigns, dogs will get their rights enshrined in the constitution faster than amending Article 16 or fulfilling the promises of Article 16 (2) of the Namibian constitution for us to get our land back. Sadly, our experience confirms that the law is for the comfort of the master. Wait, let’s add: the puppeteering master.

* Muthoni waKongola is a native of Kongola in the Zambezi Region, primarily concerned with analysing society and offering ideas for a better Namibia. She is reachable at [email protected] or @wakongola on Twitter.