Why Namibia’s Constitution Day must matter more than ever

Every year on 9 February, Namibia marks Constitution Day. It is a date that should command national attention, deep reflection and collective pride. Yet too often it passes quietly, almost unnoticed, despite the immense significance it holds in the life of our Republic. On 9 February 1990, just weeks before Independence, the Namibian Constitution was adopted, laying the legal and moral foundation upon which our democracy was built.

This year, Constitution Day falls in a month heavy with national grief and remembrance. On 8 February, the nation mourned the passing of its Founding Father and first President, Dr Sam Shafiishuna Nujoma, the towering figure who led Namibia to freedom after decades of colonial rule. On 4 February, the country also bid farewell to Dr Hage Geingob, Namibia’s third president and the man widely hailed as the Father of the Namibian Constitution, having chaired the Constituent Assembly that drafted and adopted this remarkable document.

The convergence of these historic moments should compel Namibians to pause and reflect more deeply on the Constitution, not merely as a legal instrument, but as a sacred covenant born out of struggle, sacrifice and foresight.

At the time of its adoption, Namibia’s Constitution was hailed as one of the most progressive on the African continent and in the world. It enshrined human dignity, equality before the law, freedom of expression, judicial independence, the separation of powers and the supremacy of the Constitution itself. These were not accidental inclusions. They were conscious safeguards against the abuses of the past and a firm declaration of the kind of nation Namibia aspired to be.

Dr Sam Nujoma’s legacy is inseparable from the birth of the Namibian nation. As founding father, he embodied the political liberation of the country. 

Dr Hage Geingob, as chairperson of the Constituent Assembly, helped translate that political freedom into a constitutional democracy grounded in law, accountability and rights. 

Together, their contributions remind us that independence without constitutionalism is hollow, and freedom without the rule of law is fragile.

Yet more than three decades later, a sobering question confronts us: do we, as Namibians, truly honour and understand our Constitution?

Too often, the Constitution is invoked selectively, celebrated when it protects our interests, questioned when it restrains our power, and ignored when it demands accountability. Constitution Day should challenge this inconsistency. It should remind us that the Constitution is not a ceremonial document reserved for courtrooms and anniversaries. It is a living framework that governs everyday life, from the right to speak freely to the obligation of the state to act lawfully and fairly.

Honouring Constitution Day means taking full ownership of this document. Ownership begins with knowledge. A citizenry that does not understand its Constitution cannot defend it. Civic education must therefore be strengthened in schools, universities and communities, ensuring that young Namibians grow up knowing not only their rights but also their responsibilities under the Constitution.

It also requires vigilance. Constitutional decay rarely announces itself dramatically. It begins subtly, through tolerance of corruption, disregard for court orders, erosion of institutional independence and the normalisation of abuse of power. When such practices go unchallenged, it is not merely governance that suffers; it is the Constitution itself that is being weakened.

Namibia has, to its credit, largely avoided the constitutional chaos that has afflicted many young democracies. But this record should not breed complacency. Constitutions do not defend themselves. They rely on an alert citizenry, an independent judiciary, a free media and a courageous civil society.

To honour Constitution Day is to insist that no one is above the law. The Constitution applies equally to the powerful and the powerless, to government and governed alike. When leaders take their oath of office, they do not swear loyalty to a party or an individual but to the Constitution of the Republic of Namibia.

As we reflect on the passing of Dr Sam Nujoma and Dr Hage Geingob, the greatest tribute we can pay is not in words alone, but in action. It is in defending the constitutional order they helped establish. It is in rejecting authoritarian impulses, resisting the erosion of rights and insisting on transparency, accountability and justice.

The Namibian Constitution is sacred not because it is flawless, but because it represents our collective commitment to govern ourselves with dignity, restraint and humanity. Constitution Day should therefore be more than a date on the calendar. It should be a national reaffirmation of who we are and who we aspire to be.

If we truly honour this document by understanding it, protecting it and living its values, then its promise will endure for generations. In doing so, we will honour both the founding father of our nation and the father of our Constitution and safeguard the democratic future they envisioned for Namibia.

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