High time for Namibia to have a legislation that promotes administrative justice

Many natural or juristic persons found themselves in a predicament when aggrieved by the conduct of the functionaries or institutions that infringe their right to just administrative action.Such administrative conduct usually unfolds in the form of a decision by public administrators.Think about a decision of a public body that affects a tender bidder for public works, an applicant for employment that got disqualified, a pupil or learner at a public school that refused admission, or a university student’s application for a study grant refused by NSFAF. This civil servant employee was suspended from work without valid reasons, a worker who was transferred to another workplace without good cause, etc. Our Constitution, under Article 18, imposes a duty on all administrative bodies and administrative officials exercising public power to act reasonably and in compliance 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 provide written reasons when their actions adversely affect the rights of any person.Most of us remembers the mantra and/or admonition from our 3rd Namibian President, the late Dr. Hage Geingob, may his soul continue to rest in peace as he used to scold those administrative officials in public administrative bodies in that they should respond to requests or applications by members of the public as quickly as possible by answering yes or no to such requests or applications, that when they say NO to such requests or applications they should provide written reasons for such NO answer. That’s just administrative law.In the absence of a legislation that promotes administrative justice, the individuals affected by administrative action of public bodies or public officials would continue to suffer prejudice, and are left with no choice, but embark on a long route involving civil litigation and/or lodging labour referrals to the office of the Labour Commissioner for relief, unfortunately such process is costly to sustain and tedious. Those aggrieved persons in most cases end up losing energy and run out of finances to fight and enforce their rights to administrative justice as civil litigation and labour arbitration matters protracting for a more extended period and in the process it drains them whereby at the end they end up abandoning their civil or labour litigation for lack of energy and finances.Technically, justice is denied to those affected persons, and injustice continues to prevail unabated. In contrast, if legislation were in place with clear remedies for affected individuals, aggrieved parties would be able to enforce their rights to just administrative action with ease and at a low cost, as penalties for would-be offenders could be specified in the legislation.Therefore, Namibia should consider enacting legislation aimed at controlling administrative actions that are not fair and just. When they are not in line with the law's prescriptions, such actions should be able to be corrected and/or set aside under this legislation.A clear and identifiable remedy should be spelt out to protect individuals who have been prejudiced by the administrative actions of such public bodies and officials, so that they can lodge their complaints against such impugned administrative actions cheaply and expeditiously.This call came at a time when the justice ministry invited written submissions on legislation reforms and proposals for new laws or amendments to existing ones.This is apparent, as the ministry says it supports the current President Netumbo Nandi-Ndaitwa’s call on citizens to participate in legislative reform.In my own right I therefore had made this submission that the relevant authority should consider introducing a legislation titled Promotion of Administrative Justice Act which its purpose 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 Constitution.Such a bill should be tabled to assist individuals placed in subordinate positions by administrative bodies and officials who have abused their executive power through administrative actions against those in subordinate positions. Lucas Tshuuya is a legal practitioner from Onaanda in the Uukwambi district. Follow him at tshuuya@iway.na.

High time for Namibia to have a legislation that promotes administrative justice

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Namibian Sun 2026-03-24

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High time for Namibia to have a legislation that promotes administrative justice

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Namibian Sun 2026-03-24

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