National consultation process (Part 1)

BENNIE BOBEJé WRITES:

Dear Chairperson and Members of the Standing Committee

Subject: Public submission on the relevance, practical application and possible review of the Namibian Constitution

I, Bennie Bobejé, hereby respectfully submit my personal views and recommendations regarding the ongoing national consultation process on the relevance and practical application of the Constitution of the Republic of Namibia.

I welcome this democratic process because the Constitution remains the supreme law of the country and should continuously strive to uphold justice, equality, national unity, human dignity, and fairness for all Namibians.

My submission focuses particularly on structural inequalities, historical omissions, national reconciliation, and the constitutional recognition and protection of Indigenous peoples and historically marginalised communities.

1. Clarification and Inclusive Application of Affirmative Action (Article 23)

In my view, the current interpretation and implementation of Article 23 relating to affirmative action is often narrowly understood as applying primarily to black economic empowerment. In practice, this has created perceptions of exclusion among certain historically disadvantaged communities, particularly smaller and non-dominant ethnic communities.

I therefore propose that Article 23, or related legislation, be clarified or amended to ensure that the term “previously disadvantaged persons” is interpreted in a genuinely inclusive manner so that all communities that historically experienced disadvantage may enjoy equal access to economic opportunities, empowerment, development, and state support.

I further believe that affirmative action should not be applied in a manner that indirectly promotes ethnic favoritism or regional dominance.

2. Recognition of Tribalism and Ethnic Favoritism in the Preamble

While the Preamble of the Constitution correctly rejects racism and discrimination, it does not specifically address the growing problem of tribalism and ethnic favoritism.

In my opinion, tribalism increasingly contributes to division, exclusion, mistrust, and unequal access to opportunities within Namibian society.

There is also a perception among citizens that affirmative action mechanisms are influenced by ethnic or tribal considerations. I therefore propose that the Preamble, or related constitutional principles, explicitly affirm the rejection of tribalism and ethnic discrimination; the equal treatment of all ethnic and cultural communities; and the promotion of national unity above ethnic affiliation.

Such recognition would strengthen social cohesion and discourage the abuse of state resources or opportunities based on tribal affiliation.

3. Constitutional Recognition and Protection of Indigenous Peoples (First Peoples)

My deepest concern relates to the constitutional recognition, protection, and development of the Indigenous peoples or First Peoples of Namibia.

I propose that Article 95 of the Constitution be expanded to include a specific subsection dealing with the welfare, protection, advancement, and development of Indigenous communities.

In my view, the Constitution should formally recognize communities identifying as the First Peoples of Namibia, including Khoisan-related communities such as Basters, Coloureds, Nama, and San communities. I further propose that the Constitution or enabling legislation should provide a formal definition of Indigenous peoples based on historical, cultural, and geographical origins with particular reference to the ancient Sangoan, the forebears of the indigenous Khoisan of Namibia and who lived in the Early to Middle Stone Age; the State should be encouraged or obligated to consider, ratify, implement, and domesticate international instruments protecting Indigenous rights, including the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP); relevant International Labour Organization (ILO) conventions; and other applicable African and international human rights instruments; that consideration be given to the establishment of a Ministry or Commission for Indigenous Affairs; or another permanent institutional structure tasked with Indigenous development, heritage, language protection, land concerns, empowerment, and social welfare that includes Basters, Coloureds, Nama and San as the only truly indigenous people of Namibia. – To be continued

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