On this date, 3 August, we commemorate Hage Geingob’s 85th birthday, his second since his death.
As chairperson of Namibia’s Constituent Assembly, Geingob played a key role in the birth of our internationally lauded constitutionalism.
He is, therefore, the chief architect of our Constitution, and a statesman extraordinaire.
Geingob left us a legacy of unyielding respect for the rule of law, ensuring that democratic institutions through which we exercise power are respected to the due processes of law and are followed to the letter, especially where individual rights may be affected by the state’s actions or decisions.
With this legacy of acclaimed constitutionalism in mind, it was laudable when the Presidency, on 21 May 2025, speaking through Neville Gertze, executive director in the president’s private office, highlighted its commitment to the rule of law and respect for democratic institutions, systems and processes.
It stated: “The rule of law is tested not when it is convenient but precisely when emotions are high and allegations dominate public debate. Namibia’s democracy is strengthened not when institutions are bypassed but when they are respected and allowed to function independently in accordance with the Constitution.”
This statement by president Netumbo Nandi-Ndaitwah – a constitutionalist in her own right – reflects untrammelled continuity by her and the eighth administration of a longstanding constitutional policy: to respect the carefully delineated separation of power and the rule of law.
LIVING WORDS
Geingob taught us, as Lord Atkin taught us in 1942, that “amid the clash of arms, the laws are not silent. They may be changed, but they speak the same language in war as in peace… It has always been one of the pillars of freedom, one of the principles of liberty for which on recent authority we are now fighting, that the judges are not respecters of persons and stand between the subject and any attempted encroachments on his liberty by the executive, alert to see that any coercive action is justified in law.”
As prime minister, Geingob taught us that notwithstanding the need for strict compliance with the supremacy of the Constitution, it remains a living document.
It not only records bygones but is a living compass for the future of a young nation still navigating socio-economic upheavals.
For this reason, Geingob ensured that our Constitution was crafted in a way that it would be able to continue operating in volatile social, economic and political conditions that may not have been imagined when it was adopted.
Notably, the Constitution Geingob architected employs less precise language to allow for greater judicial elaboration than other legislation.
This is to fit, as one jurist wrote, the legal reality that “a Constitution is an internally incomplete document often (of) deliberately indeterminate structure for the participatory evolution of political ideas and government practices”.
In fact, our Constitution has been described as not simply a statute which mechanically defines the structures of government and its relationship with the governed, but reflects the nation’s soul, identifies its ideals and aspirations, articulates the values binding the Namibian people, and disciplines its government.
For this reason the Constitution’s spirit and tenor are required to permeate not only the process of judicial interpretation of all laws, but also all government actions in liaising with the citizenry.
Geingob contributed massively to Namibia’s liberation. In fact, he was central to the very reconstruction of our nation. He ensured that our democracy is, in truth, founded on the principles of democracy, the rule of law, and justice for all.
EXECUTIVE ENERGY
As prime minister, he drove – with industry, precision and promptitude – one of our country’s aggressive legislative agendas between 1990 to 2000. Some of the laws passed are:
Racial Discrimination Prohibition Act, 1991
Regional Councils Act, 1992
Local Authorities Act, 1992
Married Persons Equality Act, 1996
Combating of Rape Act, 2000 and many others.
Because of deliberate executive emphasis on respect for democratic state institutions, systems and processes, we have a country where legal predictability, rationality and certainty are core values in all our laws.
This is meant to repudiate past apartheid practices where arbitrariness was a core element.
Where we grapple with maintaining law and order in the face of the scourge of violent and white-collar crimes, what differentiates Namibia from the apartheid era is that we are committed to administering justice in a way that does not subvert the constitutional commitment to justice for all. We have a system in which the fight for a just order is rooted in moral authority.
Through Geingob’s teachings, our institutions and systems do not condone coercion, violence and corrupt or irregular means in sustaining law and order. It is for this reason that the fundamental rights in Chapter 3 of our Constitution are jealously protected.
Equally, when it comes to participatory democracy, Namibia has an impressive legacy of strict constitutional compliance to allow citizens to freely elect their representatives every five years.
CITIZENS’ COMPASS
This very fact was recognised in an outstanding judgement by the Supreme Court of Namibia when it stated: “The principle of democracy is an immutable part of the constitutional bedrock upon which our country has been founded. It is historically, ideologically and socio-politically profoundly important to our character and constitution as a nation: it is the first mentioned of the interrelated, foundational triad of principles on which our state is constitutionally grounded. Its scope and import are deepened and augmented by the other two equally important principles proclaimed in the same constitutional breath: the rule of law and justice for all.
“Moreover, as a precept fundamental to our values and aspirations as a nation, its import is repeatedly echoed throughout our Constitution, from the preamble to the schedules. Its purpose is articulated in the third paragraph of the preamble: to effectively maintain and protect the fundamental complementary values of human dignity, equality, freedom, justice and peace, and the right to life, liberty and the pursuit of happiness in a democratic society, where the government is responsible to freely elected representatives of the people, operating under a sovereign constitution and a free and independent judiciary….”
The commemoration of Geingob’s 85th birthday should reignite the need for us to recommit ourselves to the foundational principles of democracy, the rule of law and justice for all.
His teachings, expressions, and more, especially his beliefs and notions of what is best for Namibia, will continue to guide the ‘Namibian House’ he so fondly preached about.
– Sisa Namandje is a legal practitioner of the High Court and Supreme Court of Namibia. He has authored seven law publications.
