Paul T. Shipale (with inputs by Folito Nghitongovali Diawara Gaspar)
When a Nation Confers the Title of Founding Father
When a nation confers the title of ‘Founding Father’ by statute, it does more than honour a historical figure. It legislates memory. It transforms history into law. Once history enters the legal order, it demands institutional expression.
Namibia now stands at such a constitutional moment.
Ten months ago, the Leader of the Popular Democratic Movement (PDM), Hon. McHenry Venaani, submitted a series of parliamentary questions to the Prime Minister, Dr Elijah Ngurare, calling for cost-cutting measures by repurposing state offices for former presidents instead of constructing or renting new premises.
In response, we examined the broader implications of this proposal in our article “Between Honour and Accountability: The Legal and Ethical Implications of Namibia’s Founding Father’s Status and the Benefits for Former Presidents”. Our central question was straightforward:
If the law formally recognises H.E. Dr Sam Shafiishuna Nujoma as the Founding Father of the Namibian Nation under Act 16 of 2005, where is the institutional mechanism designed to sustain and perpetuate that status, particularly after his passing?
That question has now acquired renewed urgency.
Legal recognition without institutional architecture
The Conferment of Status of Founding Father of the Namibian Nation Act (Act 16 of 2005) deliberately distinguishes the title of ‘Founding Father’ from the general benefits granted to former Presidents under Act 18 of 2004.
This distinction is legal, not ceremonial.
Yet several institutional ambiguities persist:
• Was a distinct Office of the Founding Father ever formally institutionalised with a clear mandate and structure?
• If such an office existed, what is its legal status after the passing of the Founding Father?
• Has any permanent archival or educational institution been created to sustain the statutory recognition?
These questions became even more pressing following the passing of the Founding Father on 8 February 2025.
Upon his death, the Office of the Founding President was reportedly closed, raising concerns about the safeguarding of historical documents, artefacts and personal memorabilia linked to Namibia’s liberation history.
At the same time, the staff attached to that office were redeployed without clear institutional continuity, despite the fact that Act 18 of 2004 provides that benefits accruing to a former president extend to the spouse.
The contrast with the administrative arrangements maintained for other former presidential offices raises legitimate governance questions. Institutional memory cannot depend on administrative improvisation.
Without institutional design, statutory recognition risks becoming purely symbolic.
Parliament moves: From commentary to constitutional action
Against this background, an important parliamentary development occurred.
On Tuesday, 3 March 2026, opposition Member of the National Assembly Hon. George Kambala tabled a motion titled:
“The Preservation of the Memory and Legacy of the Founding Father of the Namibian Nation, H.E. Dr Sam Nujoma”
The motion proposes that:
• The Old State House shall be formally designated as a National Heritage Site and permanent museum dedicated to the Founding President.
• The ministry responsible for culture establishes a task force composed of the National Museum, the National Heritage Council, the Sam Nujoma Foundation, the family, and relevant officials to centralise, preserve and curate documents, photographs, artefacts and memorabilia related to the Founding Father.
This motion signals an important shift from commentary to constitutional action.
When parliament speaks: The constitutional weight of a motion
A parliamentary motion is not symbolic rhetoric. Once adopted, it becomes a formal resolution capable of triggering legislative and executive processes within the existing legal framework.
Namibia’s constitutional and statutory architecture provides the necessary foundation:
• The Constitution empowers Parliament to legislate on matters of heritage, culture and public property.
• Article 19 protects cultural rights.
• Article 95 obliges the State to promote national welfare, including cultural and historical preservation.
• The National Heritage Act provides the procedural mechanism for declaring National Heritage Sites.
• The Conferment of Status of Founding Father of the Namibian Nation Act formally recognises Dr Sam Nujoma as the Founding Father of the Namibian Nation.
This recognition is statutory, not symbolic. Parliament deliberately distinguished his historical role from that of other former Heads of State.
The legal distinction already exists. What remains is the institutional framework capable of sustaining it.
Institutionalising Liberation Memory
Nations that value sovereignty embed their liberation history within durable institutions.
Examples across Africa illustrate this pattern:
• Ghana preserves the legacy of Kwame Nkrumah through state memorial institutions.
• South Africa maintains museums and foundations honouring Nelson Mandela and Oliver Tambo.
• Zambia protects Kenneth Kaunda’s Chilenje House as a national heritage site.
These are not personality cults. They are archival centres, civic classrooms and constitutional anchors that protect nations from historical amnesia.
For Namibia, the Old State House carries particular significance. It was the first seat of executive authority in an independent Namibia and symbolised the transition from colonial administration to sovereign governance.
Transforming it into a museum would therefore preserve more than a building; it would preserve a constitutional moment.
Architecture carries political meaning. Space embodies power. A sovereign republic must be intentional about which spaces carry its foundational narrative.
Old State House or the Office of the Founding Father?
While the motion proposes converting the Old State House into a museum, an alternative institutional approach deserves consideration.
Rather than designating the Old State House, the state could declare the Office of the Founding Father itself a national heritage site and permanent museum.
This approach would anchor memory directly to the legally recognised status rather than to a particular building.
The distinction is subtle but important:
• One approach memorialises a historic site of governance.
• The other institutionalises a statutory national status.
Both options are legally viable. The choice must therefore be deliberate and guided by long-term institutional logic.
Beyond partisan lines
It is also noteworthy that this motion was tabled by a member of the opposition.
This fact reinforces an essential constitutional principle: liberation history does not belong to a political party; it belongs to the Republic.
History will nevertheless record that the initiative to institutionalise the legacy of the Founding Father was introduced in Parliament by a member of the opposition more than a year after his passing.
Such developments remind us that national memory is a collective responsibility that transcends political affiliation.
Designing an effective task force
If a task force is to be established, its structure must be guided by governance discipline.
Experience across public administration shows that task forces often struggle when their mandates are vague or when operational authority depends excessively on political approval.
Accordingly, the proposed task force should be created with:
• A clearly articulated mandate
• Defined timelines for implementation
• Measurable benchmarks and performance indicators
• Transparent budget allocations
• Periodic public progress reports
Without clearly defined deliverables and measurable outcomes, policy influence cannot be assumed; it must be demonstrated.
Institutional credibility requires both vision and verifiable execution.
Governance, Not Sentiment
The debate before Namibia is therefore not about personalities. It is about institutional design.
A properly structured museum or heritage institution dedicated to the Founding Father could:
• Centralise historical archives
• Strengthen civic education
• Anchor constitutional literacy
• Safeguard the integrity of liberation history
• Preserve the legacy of the Founding Father of the Namibian nation
Legacy is not only about monuments. It is about governance frameworks capable of enduring across generations.
The true measure of constitutional maturity is not how loudly history is invoked, but how carefully it is institutionalised.
Nations are remembered not for the speeches they deliver about their past, but for the institutions they build to preserve it.
If the law recognised a Founding Father, history now demands an institution worthy of that recognition.
Disclaimer: The opinions expressed here do not necessarily reflect those of our employers or this newspaper. They represent our personal views as citizens and pan-Africanists.
