AG attacks SADC Tribunal proposal

ATTORNEY general Sacky Shanghala this week called on government-employed lawyers not to support a proposal that the Law Society of Namibia should sue government over the decision to suspend the operations of the Southern African Development Community Tribunal.

Addressing the National Assembly on Wednesday, Shanghala said the proposal would subject lawyers in the Office of the Attorney General, who he said were a significant part of the Law Society’s membership, to unethical behaviour and a conflict of interest if they participated in a decision against their own client.

The proposal that the Law Society should institute legal action against government over former President Hifikepunye Pohamba’s support for the SADC summit decision in 2010 to suspend the tribunal is an item on the agenda of the Law Society’s annual general meeting today.

Shanghala said while the Law Society had the authority to have such a proposal tabled and considered at its annual general meeting, the organisation had no authority to institute legal proceedings to reverse the former President’s participation in a decision of the SADC heads of state and government.

The National Assembly had the authority to reverse a decision of the President, though, he said.

In terms of Namibia’s Constitution, any action taken by the President could be reviewed, reversed or corrected by the National Assembly if at least a third of its members proposed such a decision and at least two thirds of the members approved it, Shanghala said.

“The creation of the tribunal was a political decision,” Shanghala said. “The redefinition of its terms of reference was a political decision. Pressure groups can exercise their rights, however, the political set-up we have ensures a separation of powers.

“This is a political decision resorting in the executive and legislature, and we have taken it. Period.”

He urged lawyers in government service who are members of the Law Society to reject the proposal.

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