Caprivi Secession Pardon Is Possible

ALLOW me to comment on the editorial of The Namibian of June 4 2010 titled ‘Caprivi Treason Trial must be brought to a close now’.

It is clear that some Namibians are fixated with the possible solution on the Caprivi treason trial as conflicting statements keep emerging on what President Pohamba can or cannot do in resolving Namibia’s longstanding political stalemate.
Indeed, the Namibian Constitution has explicitly accorded our President with a number of sweeping powers, and some of those powers are implied and can only be exercised with the blessing of the Namibian Parliament.
Unfortunately, many Namibians have glanced at the Namibian Constitution and used Article 32, section 3 (d) as a limitation to who the President can or cannot pardon, but overlooking Article 32, section 5(b) which empowers the president to ‘initiate…laws for submission to and consideration by the National Assembly.’
‘Initiate’ is the key word in this provision of law that allows the Head of State to be creative, starting something new towards matters of national interest, which peace and reconciliation is just one of those things needed in a political conflict.
After all, many political commentators, academics and humanitarian activists have labelled the Caprivi treason trial as a political case that needs a political solution; a fact which Namibians and the international community have come to terms with.
And this is where an act of parliament in granting amnesty to all alleged Caprivian secessionist can come into play should the President want to resolve the Caprivi Treason Trial once and for all.
Amnesty can be an all inclusive peace-package for convicted and non-convicted prisoners which any country can enact by an executive order of the President or through a democratic process where such a motion is tabled and discussed in parliament for the sake of nation building and reconciliation.
Such a move by President Pohamba could not be perceived as meddling or interfering with the judiciary, but rescuing and shaping a better Namibia which is at harmony with itself.
For anyone to suggest that President Pohamba’s hands are tied in pursuing a possible peaceful and amicable solution on the Caprivi political stalemate is quite ironic – considering the powers that the office of the President wields.
If Namibia’s Founding President, Dr. Sam Nujoma was able to squash the treason charges against members of the Baster community, what provision of the Namibian constitution did he use, and what would hamper President Pohamba from exercising the same powers if he wanted too?
Is this not all but a sham, finding excuses where there are none?
Furthermore, any calls to speedily close the treason trial in a court of law does not in anyway address the underlining problem that Namibia faces, the quest for secession.
Let us be bold enough and tackle this case as it is rather than beating about the bush; the conviction of any alleged Caprivian secessionist does not bring a closure to this issue or bring the purported justice – which in itself is an elusive concept.
Therefore, as rightly stated by a Namibian academic, Alfredo Tjiurimo Hengari that ‘President Pohamba is watching Namibia from the Balcony,’ is in itself a call on the Head of State to tackle matters that are affecting the nation rather than being passive; so it is also with regard the future of the Caprivi region.
Our President must stop dodging the issues that are threatening the territorial integrity of our nation but must be prepared to do what is right for the country, especially where a political conflict is looming.
Overall, it is only wise to release all Namibian political prisoners now so that a nation can start with the healing process, especially for all the victims of this political mishap.

Mulife Muchali
Canada