Staff Writer
South African advocate and senior counsel Muzi Sikhakhane has questioned whether ordinary Namibians are benefiting from the country’s legal and economic systems.
Speaking at a public lecture in Windhoek last week, Sikhakhane said law cannot be treated as neutral or separate from politics, history and society.
He said justice must be understood within Africa’s history, especially the legacy of colonialism and apartheid.
“A lawyer or judge emerges from a particular political history of the territory in which he or she practices,” Sikhakhane said.
He said colonialism shaped legal systems across Africa and influenced how law is taught and applied. He said law was used to justify land dispossession and inequality, and these patterns still affect modern systems.
“Our understanding of history should drive us to contextualise our practice not simply as the pursuit of individual wealth but as the equitable distribution of wealth,” he said.
He said legal systems after independence often still reflect colonial structures, especially in how wealth and legal work are shared.
“Justice and equality are the cradle of our profession, not simply the pursuit of money,” he said.
Sikhakhane said colonial thinking still shapes society even after independence.
“Coloniality survives colonialism… in culture, in knowledge systems and in everyday life,” he said.
He called on lawyers to help change the system by building laws and practices based on African realities. He said this includes changes in legal education, court systems and how legal work is distributed.
He also raised concerns about challenges faced by black lawyers. He said they still struggle to access high-value legal work.
“Black lawyers still face the reality that commercial work remains in white law firms,” he said.
He urged lawyers to build strong local institutions and reduce reliance on foreign firms.
Sikhakhane said real change requires challenging current systems.
“Law is not neutral and has never been. It has always been an instrument of both oppression and liberation,” he said.
