Government in no rush to amend Veterans Act
Act deals solely with veterans
Defence minister Frans Kapofi has made it clear that the Veterans Act deals with veterans, not with children of the liberation struggle.
Defence minister Frans Kapofi says government is in no hurry to amend the Veterans Act to ensure children of the liberation struggle can reap benefits, saying it is a matter that will be dealt with when the need arises.
Kapofi made the comments during a Cabinet briefing when he gave an update on the activities his ministry was engaged in.
"We have heard of these requests, but as far as the law [Veterans Act] deals with the veterans, not with children of the liberation struggle – we will look into that, but as far as the current mandate is concerned, it deals solely with veterans.
“If there will be a need to change the law, we will cross that bridge when we get there,” Kapofi said of efforts to deal with the Veterans Act to address the plight of 'struggle kids'.
Decision questioned
In 2021, Cabinet took a decision to reserve certain jobs for children of the liberation struggle. This decision was, however, challenged by then-ombudsman Advocate John Walters.
Walters argued that it did not fit the criteria of affirmative action that may be applied to racially disadvantaged persons, women and persons with disabilities, nor did it meet the conditions set out within the Veterans Act.
On 18 March 2021, Judge Thomas Masuku interdicted the Public Service Commission, the prime minister and the secretary to Cabinet from continuing to implement the decision authorising the appointment of children of the liberation struggle as part of the public service without going through an interview process.
The ombudsman and the Khorixas Constituency Youth Forum had dragged Cabinet to court after it received numerous complaints from previously disadvantaged Namibian citizens in relation to jobs reserved for struggle kids.
The Office of the Ombudsman investigated the matter and found that there was a separate recruitment and appointment process for struggle kids.
Better way to address issue
Swapo politburo member Sisa Namandje, during a recently held meeting of the Namibia Exile Kids Association (Neka), said government should have put a provision into the Veterans Act that entry-level jobs be reserved for children of the liberation struggle.
This, he said, would have avoided a Cabinet decision in favour of the welfare of the struggle kids being challenged legally.
“There is nothing wrong with that court order because the issue was not properly addressed. It was a Cabinet decision, not a piece of legislation. It would have been easier to put those provisions in the Veterans Act, then it becomes law,” Namandje said.
He argued that it would have been easier to amend the Public Service Act.
“The High Court can never be blamed. Those who drafted [it] could have made it easier [by] putting in a special provision to amend the Public Service Act. You do not do it with a Cabinet decision. With the greatest respect, it’s not law,” he said.
Kapofi made the comments during a Cabinet briefing when he gave an update on the activities his ministry was engaged in.
"We have heard of these requests, but as far as the law [Veterans Act] deals with the veterans, not with children of the liberation struggle – we will look into that, but as far as the current mandate is concerned, it deals solely with veterans.
“If there will be a need to change the law, we will cross that bridge when we get there,” Kapofi said of efforts to deal with the Veterans Act to address the plight of 'struggle kids'.
Decision questioned
In 2021, Cabinet took a decision to reserve certain jobs for children of the liberation struggle. This decision was, however, challenged by then-ombudsman Advocate John Walters.
Walters argued that it did not fit the criteria of affirmative action that may be applied to racially disadvantaged persons, women and persons with disabilities, nor did it meet the conditions set out within the Veterans Act.
On 18 March 2021, Judge Thomas Masuku interdicted the Public Service Commission, the prime minister and the secretary to Cabinet from continuing to implement the decision authorising the appointment of children of the liberation struggle as part of the public service without going through an interview process.
The ombudsman and the Khorixas Constituency Youth Forum had dragged Cabinet to court after it received numerous complaints from previously disadvantaged Namibian citizens in relation to jobs reserved for struggle kids.
The Office of the Ombudsman investigated the matter and found that there was a separate recruitment and appointment process for struggle kids.
Better way to address issue
Swapo politburo member Sisa Namandje, during a recently held meeting of the Namibia Exile Kids Association (Neka), said government should have put a provision into the Veterans Act that entry-level jobs be reserved for children of the liberation struggle.
This, he said, would have avoided a Cabinet decision in favour of the welfare of the struggle kids being challenged legally.
“There is nothing wrong with that court order because the issue was not properly addressed. It was a Cabinet decision, not a piece of legislation. It would have been easier to put those provisions in the Veterans Act, then it becomes law,” Namandje said.
He argued that it would have been easier to amend the Public Service Act.
“The High Court can never be blamed. Those who drafted [it] could have made it easier [by] putting in a special provision to amend the Public Service Act. You do not do it with a Cabinet decision. With the greatest respect, it’s not law,” he said.
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