Erasmus Shalihaxwe
Landless Peoples Movement (LPM) leader Bernadus Swartbooi has proposed a five-year term limit for civil servants in senior positions to boost accountability and improve service delivery.
Speaking during a meeting with the Public Service Commission in Swakopmund last week, where members of parliament were undergoing a week-long induction, Swartbooi suggested directors, deputy directors, and others in senior roles should have contracts like politicians.
He said politicians face five-year terms and are expected to deliver within that period. Swartbooi said civil servants often remain in office for 20 to 35 years without innovation and reject new ideas.
Members of the National Assembly typically serve five-year terms.
However, the President, acting on the Cabinet’s advice, can dissolve the Assembly earlier if the government is unable to govern effectively.
There is no prohibition on serving multiple terms of office.
“If members of parliament and the political establishment have a five-year term limit, those serving with these people must also obtain a five-year term limit. I think it is time, both from an ontological and epistemological view, civil servants also get a five-year term limit,” he said.
Swartbooi added: “It is about time. Many public servants or civil servants have got no imagination. They don’t need to imagine anything. They have been there for 20 to 35 years. They don’t need to innovate anything, but society out there demands political office bearers to perform magic with people whose magic has no relevance,” he said
He argued the government cannot expect society to be transformed while civil servants tasked with service delivery remain rigid and unresponsive.
Swartbooi asserted that the Public Service Commission and labour laws, which do not align with society’s interests, safeguard them.
“In this country, firing an executive director, a director, or a deputy director is a cumbersome process. However, the police have the power to trap a minister; accusations of bribery can lead to his arrest and subsequent firing. A political party has the power to recall a councillor from the local authority. However, a civil servant who is meant to serve society is nearly untouchable. It is unbecoming; even here at the National Assembly, where staff members are hired or recommended by the Public Service Commission, we are struggling with unresponsive staff members,” he said.
According to Section 19A of the Public Service Act, an executive director is appointed on a fixed-term contract of five years or a shorter period, which cannot extend beyond the retirement age specified in Section 24(1).
A few weeks ago, Affirmative Repositioning leader Job Amupanda called for a term limit for the Chief Justice during a parliamentary debate.
He said the Chief Justice should not hold a permanent position, as is the current situation.
“The speaker of parliament has five years; the president has five years, but the chief justice is permanent. We cannot allow a situation like that; we need to implement term limits for chief justices, similar to what is practised in other countries.”
Amupanda stated that this situation has led to current problems because these individuals hold permanent positions, likening them to God and Jesus.
Since November 2004, Peter Shivute has been the country’s fourth post-Independence chief justice.
Labour expert Herbert Jauch agreed with the need for change.
He said Namibia’s large civil service does not match the level of service delivery.
However, he doubted whether term limits for all managerial positions would fit within current labour laws.
“I would agree that currently. Given the size of the civil service and the resources invested in this, we should see better service delivery in Namibia,” he said.
He then posed the question: “Why is service delivery so poor, and what can we do to rectify it?”
Jauch noted that over the years, there have been poor appointments, with ministers, deputy ministers, and executive directors frequently shifting roles despite their poor performance.
He added that civil servants who fail to perform rarely face consequences.
“It takes more than just putting people on contract. Better service delivery requires a highly dedicated and committed cadre, as well as merit-based appointments. It is also impossible with the current labour,” he added.
He advised systematically using current labour law provisions to address non-performance.
This advice includes clear monitoring of performance within ministries.