Section 88 Namibian Constitution sets out that the president appoints the country’s prosecutor general on the recommendation of the Judicial Service Commission (JSC).
We are now witnessing the JSC setting examinations for candidates, with all candidates failing the examination.
The unfortunate perception created in the public mind is that the eight candidates are incompetent and lack the requisite knowledge in criminal law and procedure to qualify as candidates for consideration to be recommended to the president for appointment.
This has cast aspersions of ridicule to be cast upon the JSC’s ‘recommendation’ process.
The process appears slow and delayed in the public perception and reflects the present indisposition of a slow criminal justice system in our courts, where cases are continually postponed and take up to seven years to even start.
The legal practitioners who present as candidates should have managerial skills.
This is of paramount importance where a huge staff compliment of prosecutors and clerks are employed by the Office of the Prosecutor General.
Without such skills, the crumbling criminal justice system will deteriorate to the point of breakdown.
In addition, such candidates should be subjected to inquiry on their political affiliation and participation in party politics.
This is essential to ascertain a candidate’s impartiality and ability to take impartial decisions based on the facts presented.
The candidates must be subjected to a two-hour question-and-answer session by the members of the JSC.
This must be done over a two-day continuous session and should be open to public scrutiny.
Upon completion of this, two candidates should be recommended to the president for her consideration for the appointment of a prosecutor general.
Presentation of one candidate only makes the president’s constitutional right in the appointing of a prosecutor general a mere rubber stamp which the JSC has decided for the president.
It makes Section 88 of the Constitution look ridiculous.
This process should be finalised in a two-week period from the start to the appointment to avoid the present perception of the appointment resembling the slow pace of criminal justice in Namibia.
Justice delayed is justice denied.
At the present pace, advocate Martha Imalwa would have to get another extension of her tenure as acting prosecutor general.
– Richard Metcalfe is a Namibian lawyer.
