Politics, democracy and traditional authorities

B.A. BASSON WRITES:

I'm in awe of what is happening in our country. If Article 1(2) of the Namibian Constitution clearly stipulates that "all powers shall vest in the people of Namibia who shall exercise their sovereignty through the democratic institutions of the State", does it mean that the law-makers, including the President do not respect, honour and uphold their oath of office and the laws that they are enacting?

Furthermore, Article 66 together with the principle Traditional Authorities Act No. 17 of 1995, provides for the acknowledgement and recognition of traditional practices, norms, believes, values and customs in Namibia, provided that they do not conflict with the Constitution or any other statutory law. Now, my genuine and legitimate question is, why should we waste millions of Namibian dollars on an enlarged Parliament if we cannot implement or apply these laws? Is there no other instrument to monitor, evaluate and to ensure that all these laws are enforced?

In accordance with Article 1 (1) of the Constitution the Republic was founded on the principle of democracy and not on autocracy or anarchy, as is the case within certain organs of the state, viz. Traditional Authorities, etc. Some selfish elements are exploiting the situation for their personal economic gain.

I do not know where this thing of Swapo affiliation is coming from to get away with murder and any sin in this country? Once again, Article 17 of the Constitution provides for free political activity, without prejudice or interference on the basis of political affiliation, race, colour, sex, economic status and ethnicity etc

Now, I wish to peremptorily and unambiguously state that the executive and the legislature should in no uncertain terms tell me why should you be a Swapo member to be a chief in a given traditional communal area? Where is this cantankerous political idiocy coming from and why should it be used for the political gain of the elite?

The nomination, designation and election of traditional office-bearers should solely and unconditionally be left in the hands of the respective traditional communities, for them to decide on their own.

This political interference from the ruling party, the executive and the legislature are causing unnecessary delays in the socio- economic development of the respective communities.

Every traditional community should be advised to revisit, revamp and update their Customary Laws in accordance with the provisions of the Constitution in order to wipe out all the legal loopholes. The Customary Laws should be crystal clear on the issue of a Royal House, succession plan, nominations and election of a chief or head of traditional community.

Furthermore, the legislature bring into place laws how to resolve tribal division and tribal conflicts, if it cannot be resolved via Investigative Commissions, such as special courts, at cheaper cost for the contestants to afford.

The other thorn in the eye is the withholding of the reports of the Investigative Commissions if it is not in favour of the preferred Swapo chiefs. This is intransigent and contravenes the sacrosanct basic fundamental human rights of the citizens of this country, founded on the principle of democracy.

I fail to comprehend why the Minister of Urban & Rural Development, H.E. the President and the Council of Traditional Leaders are always reluctant or hesitant to act if Sections 5 and 6 of the Traditional Authorities Act No. 25 of 2000 are so explicit? The powers of traditional chiefs are just being abused or exploited to score cheap political points to lobby the political support of the communities, but this is not applicable to the opposition parties.

What do we do with a Traditional Authority without any vision, any development initiative and innovative dreams on how to take its community to greater height? The answer is very simple and straightforward: bring in a leadership with these qualities and values, as well as corporate governance ethics.

I don't know what the Government has to say if the community says we want leader A, B or C as their democratically-elected leader in full compliance with the regulatory laws.

This thing must really come to an end if we want to preserve our hard-won democracy and freedom.

What I am in essence implying is, that the Government should visibly and in letter and spirit separate democratic values, politics and traditional authority administration and allow the communities to get rid of leaders if they are not worth remaining in power and cannot live up to the aspirations and expectations of true democracy and the socio-economic challenges of the 21st century in the economic struggle.