The Pros and Cons of an independent judiciary
The credibility of the independence of Namibia's judiciary is highly questionable.
On the one hand, there are advantages while on the other there are
disadvantages.
The criteria used to judge certain cases are flabbergasting and
unfair.
In many cases, innocent citizens are detained and found guilty
while the true offenders are freed to continue their barbarism.
The situation is now decided between lawyers where the best
lawyer wins.
The way crimes are investigated is also opaque.
In most cases judges are befuddled by ageing/conflicting
evidence leading them into illusionary judgements.
Serious crimes are repeatedly committed by the same people and
they are arrested and re-arrested, bailed and re-bailed -and after
all this the talk of the independence of the judiciary.
Orders are given by courts - without cross-questioning or fair
trials - to evict permanently land-less farm workers and their big
families who have nowhere to stay - what a judiciary without lights
in darkness? If the judges are basing their judgements on certain
constitutional provisions, then it's the Constitution that is to
blame since, in many ways, it has protected offenders as opposed to
victims.
Yet, it is the best constitution in the world instead of being
unrepresentative.
We are told of fundamental rights that only apply to minority
offenders.
I think the Ministry of Justice should talk about and weigh
different options through the evaluation and reviewing of
bureaucratic norms within the judiciary system.
It should, if it has not been done before, do field research to
see how other countries are doing things - especially the so-called
civilised ones whose constitutions make provision for capital
punishment for those serious crimes that the Namibian public is
suffering from.
I believe in optimal democracy and the rule of representative
law, but the Constitution and the judgements made in its name must
always be truthful, sound and reflect the positive vision of this
country.
The Constitution as a social contract between the State and its
people should be renovated with changes to its provisions to suit
the changes in the socio-political and socio-economic affairs of
the State.
Peter Muteyauli
Via e-mail
The criteria used to judge certain cases are flabbergasting and
unfair.In many cases, innocent citizens are detained and found
guilty while the true offenders are freed to continue their
barbarism.The situation is now decided between lawyers where the
best lawyer wins.The way crimes are investigated is also opaque.In
most cases judges are befuddled by ageing/conflicting evidence
leading them into illusionary judgements.Serious crimes are
repeatedly committed by the same people and they are arrested and
re-arrested, bailed and re-bailed -and after all this the talk of
the independence of the judiciary.Orders are given by courts -
without cross-questioning or fair trials - to evict permanently
land-less farm workers and their big families who have nowhere to
stay - what a judiciary without lights in darkness? If the judges
are basing their judgements on certain constitutional provisions,
then it's the Constitution that is to blame since, in many ways, it
has protected offenders as opposed to victims.Yet, it is the best
constitution in the world instead of being unrepresentative.We are
told of fundamental rights that only apply to minority offenders.I
think the Ministry of Justice should talk about and weigh different
options through the evaluation and reviewing of bureaucratic norms
within the judiciary system.It should, if it has not been done
before, do field research to see how other countries are doing
things - especially the so-called civilised ones whose
constitutions make provision for capital punishment for those
serious crimes that the Namibian public is suffering from.I believe
in optimal democracy and the rule of representative law, but the
Constitution and the judgements made in its name must always be
truthful, sound and reflect the positive vision of this country.The
Constitution as a social contract between the State and its people
should be renovated with changes to its provisions to suit the
changes in the socio-political and socio-economic affairs of the
State.Peter Muteyauli
Via e-mail