Democracy at Risk in Local Government

There is a famous quote well worth heeding: “Power tends to corrupt, and absolute power corrupts absolutely.” 

It appears the minister of urban and rural government, James Sankwasa, may be misunderstanding the Local Authority Act 23 of 1992, particularly section 92 (2) (a) as amended. 

It seems he believes the act grants him unfettered power to act as he pleases. 

Sankwasa had barely warmed his ministerial seat. He was appointed on 21 March, wrote a formal letter to the Katima Mulilo Town Council leadership on 22 July and dissolved it three weeks after that – on 15 August. 

This swift action, allegedly taken because they ‘did not jump to his tune’, sets a dangerous precedent. 

The minister subsequently told a local publication that had the City of Windhoek’s councillors occupied office for a year he would have fired them based on his opinion of their performance. This was after meeting of a mere six hours.

WHAT’S THE POINT?

If a minister can be sworn in today and, seemingly based on assumptions, dissolve an elected council tomorrow, what’s the use of local authority elections? 

Why should political parties and Namibians waste their time campaigning and waiting in queues to vote if an appointed official has the ultimate power to override their choice? 

Namibia, as a nation, needs to seriously scrutinise these ‘absolute powers’ before the intended purpose and powers of this act are destroyed.

Its very purpose is to decentralise power to the local level, ensuring that the sovereign will of the people is represented in deciding on their socio-economic developmental affairs. 

Further, the principle of who hires and fires should not be ignored.

The principle of accountability is also at stake. If the person who fires an official is not the one who appointed them, it sets an autocratic precedent that erodes the will of the people. 

If power is used indiscriminately it is a slap in the face of voters. 

Sankwasa threatened City of Windhoek councillors in broad daylight that he would have fired them without due process being examined.

DUE PROCESS

Minister Sankwasa might mean well but his seemingly short-tempered autocratic leadership style could threaten the constitutional principles enshrined by our founding fathers.

An essential part of democracy is allowing people to have a say in their own destiny, not ceding full power to an individual who is not directly elected and therefore not accountable to the people. 

We not only need to respect our democracy, we need to strengthen it. 

Namibia has the relevant institutional entities and capacity to investigate crimes and maladministration. 

These avenues should be exhausted before rushing to judgement and making such significant decisions. 

Those who are accused of criminal wrongdoing should be held responsible in accordance with the law so that justice can be allowed take its full course. 

If corruption is taking place at any level, the relevant entities, including the Anti-Corruption Commission, should be asked to investigate. Alternatively, police cases can be opened.

PARTIES NEED TO STEP UP

In cases of wrongdoing, political parties must be accountable. They should withdraw questionable candidates from elected to councils so that those individuals can face the legal consequences.

Parties must also show due diligence in selecting individuals with integrity and of sound character to represent them on councils. Dirty intentions could negatively affect those who truly want to serve the interests of residents.  

Local and regional authorities are a vital segment of our democratic dispensation and should not be treated with kid gloves.

If there are persistent abuses of power, it will seriously erode the intended purpose of the decentralisation of powers. 

More than that, it will deny people the right of exercising their sovereign will as was sincerely intended.

The Local Authorities Act therefore needs to be urgently revested with the National Assembly and National Council and with our elected president in the interest of protecting our democratic principles.

These are clearly set out in our supreme law, the Constitution.  

* Pendapala Hangala believes in the potential of Namibians to achieve great things for themselves if given the chance. He writes in his personal capacity. 




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