High Court Is Against Constitution

KINDLY afford me space in your esteemed paper to reply to the letter of Peter Watson of the LAC [30 March 2012, ‘House auction is legal’].
I quote from the Constitution of Namibia:

‘Article 1. Establishment of the Republic of Namibia… (1) The Republic of Namibia is hereby established as a sovereign, secular, democratic and unitary State founded upon the principles of democracy, the rule of law and justice for all.'(2) All power shall vest in the people of Namibia who shall exercise their sovereignty through the democratic institutions of the State.'(3) The main organs of the State shall be the Executive, the Legislature and the Judiciary…'(6) This Constitution shall be the Supreme Law of Namibia.’The Constitution further establishes that the courts shall uphold the Constitution.Watson agrees that the procedure for sale in execution is prima facie unconstitutional. Prima facie is a Latin expression meaning on face value or at first impression. The High Court has the power to mero motu (on own motion or by itself) change a judgement made wrongfully. We can only ask, if the High Court deals with a matter which is prima facie against the Constitution why does it continue while it is duty-bound to uphold the Constitution? Nevertheless, it is untrue that the law provides for the present procedure. The Constitution prohibits the Registrar of the High Court from making a judgement. The only thing which allows the registrar to issue default judgement is rule 31 of the rules of the High Court. This rule was made in 1990 by the High Court directly against the Constitution. It can and must change its rule if it violates the Constitution.In conclusion, the courts have no legal power to decide otherwise, they must uphold the Constitution.But, the fact is that the Home Owners Association, the Africa Labour and Human Rights Centre, and others have tirelessly, albeit in vain, tried to point out the grossly irregular sale of homes in execution.We shall continue on all platforms to fight this heinous practice. There can be no rule of law outside the supreme law of Namibia.Amanda TsoeuNamibian Home Owners Association (NHOA)