Renthia Kaimbi
Namibian academic professor and political analyst Joseph Diescho told an audience in Rundu on Monday that Namibia’s judiciary is compromised, lacks quality and is “captured” by the ruling party.
Diescho made the remarks during a public lecture on social development and community empowerment organised by the Muzokumwe Volunteers Organization.
His comments followed a question-and-answer session where an attendee raised concerns about the constitutional process that gives the President the power to appoint judges to the High Court and Supreme Court, based on recommendations from the Judicial Service Commission (JSC).
The question asked whether real judicial independence and democracy are possible when the executive holds this authority. Diescho responded that they are not.
He compared Namibia with South Africa and referred to the questioning of Police Minister Senzo Mchunu by commissioners of the Madlanga Commission.
“Can we imagine a judge in Namibia or a lawyer in Namibia taking on a Swapo minister? So, that means our judiciary is captured,” Diescho said.
He offered two reasons for what he described as the state of the judiciary.
First, he said Namibia is “too small a nation to produce a body of lawyers who have the passion for the law and the fearlessness and who are not poor.”
He then claimed judicial appointments are political.
“Many of our appointments, including the appointment of judges, are based on party alliances. Many of our judges will not qualify anywhere else to be judges. They have never sat in a court of law to adjudicate a case, but because they are loyal members of the ruling party, the most quiet, the most pliable, they become Chief Justice. What do you expect that person to do?” Diescho said.
He further claimed that, unlike in South Africa, Namibian judges attend political events to secure reappointment.
He also commented on the composition of the bench.
“To be fair, the better judges tend to be white. Those who were trained in South Africa and beyond. But as a white person, can you really afford an argument with the ruling party? You’ll be called names and that’s the end of your career,” he said.
Diescho said Namibia has achieved symbolic independence through its flag and national anthem but has yet to attain full sovereignty. He pointed to the continued reliance on foreign judges as evidence of this gap.
“We rent judges from South Africa to take on big cases; have you seen that? We rent judges from Zimbabwe. What does that tell you? Are we independent?” he asked.
The constitutional process for appointing judges differs from Diescho’s assessment.
The President appoints judges of the High Court and Supreme Court on the recommendation of the Judicial Service Commission.
The commission oversees judicial appointments and discipline and includes the chief justice, the attorney general and representatives of the legal profession.
Judges serve until the age of 65, with a possible extension to 70 and can only be removed by the President for gross misconduct or incapacity following an investigation by the JSC.
Recent announcements from State House reflect this process. Last month, President Netumbo Nandi-Ndaitwah announced the appointment of a permanent Supreme Court judge and several acting judges upon the recommendation of the JSC.
