Is Cabinet For Ruling Party Only?
ALLOW me to challenge the views expressed by former minister Ngarikutuke Tjiriange in his lengthy article titled, “The outcry over Mbumba’s attendance of Cabinet meetings”, which was published in one of the local English daily papers on 24 Apr 2013.
Instead of Tjiriange being worried about the constitutionality [of Swapo Secretary General Nangolo Mbumba sitting in Cabinet meetings] and whether it was democratically sound, he was more concerned with “not want to offend anybody by writing this article”.
The former minister of justice as well as war veteran and a Member of Parliament since independence, pleaded to differ with those who argued that the attendance of Cabinet meetings by Mbumba is “corruption of the highest order” and “a total misconduct and abuse of power by the government”.
At the same time he admitted that “…Mbumba is not a member of Cabinet per se…” but he feels “it is just proper that he is there in the Cabinet to contribute as a custodian of the policy of the ruling party, which by all intents and purposes is the political compass for the government.” The point though is, is it lawful to have a non-Cabinet member squatting there? The Constitution of Namibia, Article 1 (3), dictates, “The main organs of the State shall be the Executive, the Legislature and the Judiciary”. Cabinet is the executive, the lawmakers make up the legislature and judges and magistrates are members of the judiciary. And, Sub-Article six (6) says, “This Constitution shall be the Supreme Law of the Land”. I would want to know where the “ruling party” and its legal “manifesto” fit in the above prescriptions.
The good doctor wants us to believe that there is a technical implication or constitutional crisis when “the present State President is also the President of the ruling party”. However the Namibian law does not care whether you are President, Vice President or Secretary General (SG) of the ruling party. When taking his oath of office in 2005 and again in 2010, President Hifikepunye Pohamba took an oath to “uphold, protect and defend as the Supreme Law, the Constitution of the Republic of Namibia, and faithfully obey, execute and administer the laws of the Republic of Namibia”. He promised to “ensure justice for all inhabitants of the Republic of Namibia”. Nowhere is the “ruling party” or “the road map” or “manifesto” as a presidential ‘contract’mentioned as Dr Tjiriange wants Namibians to believe. Also, Article 36 (1) states, “The Cabinet shall consist of the President, the Prime Minister and such other ministers as the President may appoint from the members of the National Assembly, including members nominated under Article 46(1)(b) hereof, for the purposes of administering and executing the functions of the government”. That means, if Mbumba is really appointed to be in Cabinet as SG of the “ruling party” or “the custodian of the road map (the Manifesto)”, that is contrary to what the law says. The sole purpose of presidential appointments of any other member/s of the National Assembly into Cabinet is for “administering and executing the functions of the government”. That means, the person/s must be doing the government’s work and must be duly compensated. Mbumba is not there to administer and execute the government functions like ministers. The author should confirm to this nation whether that ‘custodian of the ruling party’s road map (the manifesto)’ is gazzetted as per Article 32 (8). He seems to warn us that voting for Swapo Party was a risk to the electorate that the President will do whatever he wishes with the power entrusted in him.
For argument’s sake, why the has 15-year rule of ex-President Sam Nujoma failed to honour some of his famous promises to the public even though the party’s secretary generals were Cabinet ministers, namely Hifikepunye Pohamba, Ngarikutuke Tjiriange and Pendukeni Iivula-Ithana? In October 1989, at Okatana in Oshakati, then Swapo President Nujoma confirmed: “There will be no poor Namibian under Swapo government as we have diamonds, copper, uranium at our disposal…and we will do it better than the Boers”. Why was this solemn promise not fulfilled in 23 years of power wielding with a 2/3rd majority?
Tjiriange knows the hard truth but wants and chose to deceive unsuspecting voters and taxpayers. Look at this: Swapo Party passed a Resolution at its 2009 Congress that its SG must work full time at the party headquarters (at the party costs!) to do party activities, including daily campaign. There was no condition that this will only be done when or as long as Swapo Party is ruling. Now, the state is made responsible for Swapo’s non-governmental activities. The author, who is a legal person, knows well that the law (Articles 32(3) (i) and 37) has not dictated to the Namibian President to exclusively appoint Cabinet members from the ruling party either. Unless Dr Tjiriange is promoting a ‘Cabinet-for-ruling-party’ agenda.
Steven Mvula,
By email