High time for a law that promotes administrative justice

Many natural or juristic persons find themselves in a predicament when aggrieved by the conduct of the functionaries or institutions that infringe on their right to just administrative action.Such administrative conduct usually stems from a decision of public administrators.Think about a decision of a public body that affects a tender bidder for public works or an applicant for employment that got disqualified; a pupil or learner at a public school who is refused admission or a university student’s application for a study grant refused by NSFAF; a civil servant who got suspended from work without valid reasons; a worker transferred to another workplace without good cause, etc.Our Constitution under Article 18 imposes a duty on all administrative bodies and officials exercising public power to act fairly and reasonably and to comply with the requirements imposed upon such bodies and officials by common law and any relevant legislation.Furthermore, administrative bodies and officials must follow fair procedures and should give written reasons when their actions adversely affect the rights of any person.Most of us remember the mantra or admonition of our third Namibian president, the late Dr Hage Geingob (may his soul continue to rest in peace), who often scolded administrative officials in public institutions to respond promptly to requests or applications from the public. He instructed them to respond to requests as quickly as possible, and if they said 'no', they should provide written reasons.That’s just administrative law.In the absence of legislation that promotes administrative justice, individuals affected by the administrative action of public bodies or public officials would continue to suffer prejudice and be left with no choice but to embark on a long route involving civil litigation and/or lodging labour referrals with the labour commissioner for relief.Unfortunately, these processes are very expensive and tedious. Aggrieved persons often lose energy and run out of money while trying to enforce their rights to administrative justice, as civil litigation and labour arbitration matters tend to drag on. The protracted process drains them, and in the end, many are forced to abandon their cases due to a lack of energy and financial resources.Technically, justice is denied to affected persons, and injustice continues to prevail unabated.If legislation were in place with clear remedies, aggrieved persons would be able to enforce their rights with ease and affordably, as penalties for would-be offenders would be clearly outlined in the law. So, Namibia must consider legislation aimed at controlling administrative actions that are unfair and unjust, and when they are not in line with the law, such action should be able to be corrected and/or set aside.A clear and identifiable remedy should be put in place to protect individuals who experience prejudicial administrative action to ensure they can lodge complaints cheaply and expeditiously.This call comes at a time when the Ministry of Justice and Labour Relations has invited written submissions on legislation reforms and proposals for new laws or amendments to existing ones.This is in line with President Netumbo Nandi-Ndaitwah’s call for citizens to participate in legislative reform.I therefore make this submission that the relevant authority should consider introducing legislation titled Promotion of Administrative Justice Act. The purpose of the law should be to give effect to the right to administrative action that is lawful, reasonable and procedurally fair and to the right to written reasons for administrative action as contemplated under Article 18 of the Namibian Constitution.*Lucas Tshuuya is a legal practitioner from Onaanda in the Uukwambi district. He can be reached at tshuuya@iway.na

High time for a law that promotes administrative justice

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Namibian Sun 2026-07-23

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High time for a law that promotes administrative justice

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Namibian Sun 2026-07-23

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