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Deliberately misinterpreting the Swapo constitution

Professor Joseph Diescho
The people who are spinning the narrative of semantics, namely that the Swapo rules do not make it mandatory to hold the prescribed and now accepted extraordinary congress within three months, are either disingenuous or are not schooled in constitutional law and interpretation of constitutions. They are being self-serving in the exercise of undeserved authority and are disregarding the interests of the party whose life is synonymous with the struggle for our freedoms and liberties and the gains of our national independence.

The essence of interpreting constitutional rules is to go back to and understand the original intent of those who crafted the law. In this instance, there is no way that the crafters of the article that prescribed that an extraordinary meeting be called/held/ could have intended to make a 'mere suggestion' that such a meeting to elect the successor after the president had died or a dramatic vacancy occurred could take place anytime in the future, or when those who were tasked to fill such an unfortunate vacancy found it convenient to do so.

Rules

The constitutional language is peremptory and names three calendar months, not the calendar of emotions of individual role players who might be conflicted or have a vested interest in opposing such a meeting. We have a problem, namely that we are guided by individuals who are unclean and who are heavily self-serving and self-medicated.

They think they know the solutions at all times and no one elected them to feel that way. In their pursuits of self-interest, they disregard the interests of the party in the medium and long terms, not to mention the wellbeing of the nation. Netumbo Nandi-Ndaitwah should have been elected president of Swapo at the elective congress of 2022.

At the time, the president did not like her, and within the culture of fear and group psychology, people sang, danced and circumvented the rule that prescribed that all top positions had to be filled through an open, free and fair elective process.

Aftermath

Now we are dealing with the stink of that opportunistic and calculated political error. However, on Saturday, the central committee was wise and correct to embrace the precept that the extraordinary congress be held.

But not more than one year later, as this defeats the whole purpose of what was intended as well as the rule of law.

The correct and constitutional way to go is to hold the extraordinary congress in three months as prescribed and have Netumbo elected once and for all. That would essentially obviate the difficulty of two centres of power that are already rearing its ugly head. Constitutions are to be upheld fairly and seamlessly at all times. Why not elect Netumbo through the elective congress now so that she is not saddled next year with crises of authority, identity and legitimacy? There is never a wrong time to do the right thing.

*Professor Joseph Diescho. Bonn, Germany

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Namibian Sun 2024-11-07

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