High Time for Namibia to Pass a Law on Administrative Justice

Many people in Namibia find themselves powerless when public officials or institutions act in ways that violate their right to fair administrative action.

Such conduct often takes the form of a decision by a public administrator – for example, a tender bid being rejected, an applicant for public employment being disqualified, a pupil being denied school admission, a student’s study grant being refused by the Namibia Students Financial Assistance Fund, a civil servant being suspended without valid reasons, or a worker being transferred without good cause.

Article 18 of our Constitution requires all administrative bodies and officials exercising public power to act fairly and reasonably, to comply with the law, and to follow fair procedures. They must also provide written reasons when their actions adversely affect someone’s rights.

Former president Hage Geingob often urged public officials to respond to applications promptly, saying that if a request is refused, the applicant should be told why in writing. That is the essence of administrative law.

Without legislation promoting administrative justice, those harmed by unfair administrative action are forced to turn to expensive, lengthy litigation or labour arbitration. Many simply cannot afford this and abandon their cases, leaving injustice to continue unchecked.

If Namibia had a clear law providing affordable and accessible remedies, aggrieved persons could enforce their rights more easily. Such legislation could spell out penalties for officials who violate administrative justice and provide mechanisms for correcting or setting aside unlawful decisions.

The Ministry of Justice and Labour Relations has invited submissions on legislative reforms and proposals for new or amended laws. This supports president Netumbo Nandi-Ndaitwah’s call for citizens to participate in lawmaking.

I have therefore submitted that Namibia should introduce a promotion of administrative justice bill, aimed at giving effect to the constitutional right to administrative action that is lawful, reasonable and procedurally fair, and to the right to written reasons for such action.

Such a bill, if passed by the National Assembly, would help protect citizens from the abuse of executive power. It would ensure that those in subordinate positions have access to timely, affordable remedies when public officials act unfairly or outside the law.

The time has come for Namibia to establish this legal framework, ensuring administrative justice is not just a constitutional promise but a lived reality.

– Lucas Tshuuya

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