Namrights Wants Separation of Powers

29 June 2011

Calls for a separation of powers between lawmakers and those who implement the laws are gaining momentum in the country.

Currently, ministers and their deputies make up 45 of the 78 members of the National Assembly (NA).

The Namibia Rights and Responsibilities organisation (Namrights) has joined those calling for the separation of powers between the Legislature and the Executive arms of government.

In a statement to the media, the human rights organisation claimed that the presence of ministers and their deputies in the NA during debates on the promulgation of laws is unconstitutional and an “interference” with the duties of the Legislative.

Namrights called on President Hifikepunye Pohamba “to immediately remove and bar ministers, deputy ministers and or any other members of the Executive branch from any further unconstitutional attendance of Parliamentary sessions and thereby from further interference in the affairs of the Legislative branch…”

The human rights group said the continued presence of members of the Executive arm of Government in the NA is a blatant violation of the Constitutional doctrine of the separation of powers.

The chairperson of the Public Service Commission (PSC), Eddie Amukongo, in an opinion piece that appeared in mainstream newspapers in the country recently, also strongly advocated for the separation of powers between the two branches of government.

Amukongo claimed that the Namibian Constitution does not envisage Cabinet ministers to be full-time parliamentarians after they have been appointed by the Head of State to the Executive.

“They should and are expected to vacate their seats immediately after appointment to the Cabinet and be replaced forthwith by those who are on the party list compiled for the previous member of the party,” he argued.

Amukongo said the Constitution strikes a balance between the different mandates, functions, powers, duties, roles and obligations of the Legislative and the Executive.

The Speaker of the NA, Theo-Ben Gurirab, is another person of note who has spoken out on the matter.

Gurirab was quoted in a local newspaper recently as saying that despite what the Namibian Constitution says, the country’s Legislative branch is currently being relegated to rubber-stamping decisions made by the Executive.

“Right now, we [as Members of Parliament] are almost like a stepchild in comparison to [Cabinet] ministers. Ministers, who are not supposed to be our bosses, appear to be our bosses – that should not be. The people, who in the name of society have the responsibility to [ensure] there is service delivery and accountability, are Members of Parliament. That is always the intention of democracy,” he was quoted as saying.

There seems to have been a U-turn in previous pronouncements by the NA Speaker in 2005 when he said the country’s Constitution could not be criticised because of the ruling Swapo Party’s dominant position in the House and that the demand for opposition representation within the Executive came from the opposition themselves and not from the public.

“It’s the voters who decide on the configuration of Parliament according to the electoral system. The failure of opposition parties has nothing to do with the letter and spirit of the Constitution,” The Namibian quoted Gurirab at the time during a debate in the NA.

The executive power of Namibia vests in the President and the Cabinet, while the legislative power rests with the NA that has the power to pass laws with the assent of the President and the National Council (NC).

Not only do ministers take part in debates in the NA on proposed laws that have already been agreed upon in Cabinet sessions, but at times also differ strongly over such envisage legislation.

Just last week Prime Minister Nahas Angula requested the NA to send back the national policy document on climate change to the Tourism and Environment Ministry for review and strengthening.

This prompted Gurirab to quip: “It is a bit awkward for the House to continue to debate a policy if it does not have the concurrence of the Executive as, when it is brought here, it is assumed to have been cleared by it (Cabinet).”

Angula, however, argued that there should be no problem with his request as he is entitled as a member of the NA to take part in the debates on proposed laws tabled in the House despite being a member of the Executive that gave the go-ahead for it to be proposed for passing into a law in the first place.

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