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Thursday, April 25, 2002 - Web posted at 9:11:36 pm GMT

Kapia bangs the colonial drum

SECRETARY of the Swapo Party Youth League (SPYL), Paulus Kapia, yesterday claimed Namibia's judiciary is dominated by "reactionary elements".

Speaking at the opening of the SPYL Congress in Windhoek, Kapia said he was concerned "with the justice system of this country. There are archaic laws that are no longer relevant that are still on our statute books."

"Even more worrying is the fact that they are being implemented faithfully by our magistrates and judges. This is clearly because the judiciary in this country is dominated by reactionary elements and remnants of the apartheid dispensation," alleged Kapia.

Asked to comment on Kapia's remarks, human rights lawyer Norman Tjombe said the youth leader did not comprehend law-making and judicial processes.

"The criticism of judges and magistrates is misdirected ... It is true that there are a number of racial and gender discriminatory laws on our statute books, but it is not the court's function to make laws," he said.

Explained Tjombe: "The Constitution reserved the law-making function for Parliament and these discriminatory laws are in existence because Parliament failed and continues to fail in its duties to repeal or amend these laws and to make proper laws which are in compliance with the Constitution."

While judges and magistrates should not be "over-sensitive to criticism from the public", people like Kapia should refrain from making unfounded statements, Tjombe said.

Kapia also said the ruling party must implement its election manifesto to the fullest by appointing Swapo loyalists "in strategic positions in Government and parastatals".

Further, Namibians, who are "derailing the gains of the revolution" by projecting the country in a negative light should desist.

Kapia suggested that Swapo should establish schools where members can receive "political education".

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