The Pros and Cons of an independent judiciary

The credibility of the independence of Namibia’s judiciary is highly questionable.

On the one hand, there are advantages while on the other there are disadvantages. The criteria used to judge certain cases are flabbergasting and unfair.In many cases, innocent citizens are detained and found guilty while the true offenders are freed to continue their barbarism.The situation is now decided between lawyers where the best lawyer wins.The way crimes are investigated is also opaque.In most cases judges are befuddled by ageing/conflicting evidence leading them into illusionary judgements.Serious crimes are repeatedly committed by the same people and they are arrested and re-arrested, bailed and re-bailed -and after all this the talk of the independence of the judiciary.Orders are given by courts – without cross-questioning or fair trials – to evict permanently land-less farm workers and their big families who have nowhere to stay – what a judiciary without lights in darkness? If the judges are basing their judgements on certain constitutional provisions, then it’s the Constitution that is to blame since, in many ways, it has protected offenders as opposed to victims.Yet, it is the best constitution in the world instead of being unrepresentative.We are told of fundamental rights that only apply to minority offenders.I think the Ministry of Justice should talk about and weigh different options through the evaluation and reviewing of bureaucratic norms within the judiciary system.It should, if it has not been done before, do field research to see how other countries are doing things – especially the so-called civilised ones whose constitutions make provision for capital punishment for those serious crimes that the Namibian public is suffering from.I believe in optimal democracy and the rule of representative law, but the Constitution and the judgements made in its name must always be truthful, sound and reflect the positive vision of this country.The Constitution as a social contract between the State and its people should be renovated with changes to its provisions to suit the changes in the socio-political and socio-economic affairs of the State.Peter Muteyauli Via e-mailThe criteria used to judge certain cases are flabbergasting and unfair.In many cases, innocent citizens are detained and found guilty while the true offenders are freed to continue their barbarism.The situation is now decided between lawyers where the best lawyer wins.The way crimes are investigated is also opaque.In most cases judges are befuddled by ageing/conflicting evidence leading them into illusionary judgements.Serious crimes are repeatedly committed by the same people and they are arrested and re-arrested, bailed and re-bailed -and after all this the talk of the independence of the judiciary.Orders are given by courts – without cross-questioning or fair trials – to evict permanently land-less farm workers and their big families who have nowhere to stay – what a judiciary without lights in darkness? If the judges are basing their judgements on certain constitutional provisions, then it’s the Constitution that is to blame since, in many ways, it has protected offenders as opposed to victims.Yet, it is the best constitution in the world instead of being unrepresentative.We are told of fundamental rights that only apply to minority offenders.I think the Ministry of Justice should talk about and weigh different options through the evaluation and reviewing of bureaucratic norms within the judiciary system.It should, if it has not been done before, do field research to see how other countries are doing things – especially the so-called civilised ones whose constitutions make provision for capital punishment for those serious crimes that the Namibian public is suffering from.I believe in optimal democracy and the rule of representative law, but the Constitution and the judgements made in its name must always be truthful, sound and reflect the positive vision of this country.The Constitution as a social contract between the State and its people should be renovated with changes to its provisions to suit the changes in the socio-political and socio-economic affairs of the State.Peter Muteyauli Via e-mail