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Africa News afrol News
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Africa News afrol News
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afrol.com, 12 September - Some weeks ago, the Namibian Minister of Home Affairs, Jerry Ekandjo, told the media that he would withdraw the work permits of some foreign judges he perceived to be "working against the best intentions of the government". Now, the government of Namibia assures the Namibian people and the international community that it "has not been, it is not and it shall not be its policy or practice to interfere with the independence of the judiciary or orders or judgments of courts of law." - The lower courts, the High Court and the Supreme Court shall continue to operate in accordance with the provisions of the Constitution and relevant laws and the Rule of Law. The law enforcement agencies of the State shall continue to carry out their functions in accordance with the law of Namibia, says Justice Minister and Attorney General, Ngarikutuke Tjiriange. Tjiriange goes far in trying to repair the errors of Ekandjo, which had put the government in a awkward position. The Minister who is responsible for the administration of justice in Namibia, made the statement following a recent public outcry in Namibia concerning the independence of the judiciary sparked by remarks made in July by the Minister of Home Affairs, Jerry Ekandjo, while addressing a public rally in the Uutapi, about 800 kilometres north of the capital, Windhoek. On the occasion Ekandjo was quoted by the media as having said that he would withdraw the work permits of some foreign judges he perceived to be working against the best intentions of the government in their judgments. Tjiriange said following a meeting convened by him on 5 September and attended by Ekandjo, Chief Justice Johan Strydom and Judge President Pio Teek, Ekandjo has apologised to the judges. Justice Minister and Attorney General, Ngarikutuke Tjiriange explains that "the role of the judiciary in Namibia has been in the spotlight during the past weeks following a public statement made by the Minister of Home Affairs. In the case of Ngoma versus the Minister of Home Affairs [Case No. A 206/2000] a judge of the High Court made an interim order to the effect that:
- I am reliably informed that an official in the Ministry of Home Affairs telephonically informed the Minister, who was at Uutapi, about eight hundred kilometres from Windhoek, about the High Court’s order, Tjiriange says. It appears the Minister was incorrectly informed and misled by the Ministry’s official about the nature of the court’s order. Consequently the Minister critised the alleged ‘judgement’ by a ‘reactionary foreign judge’ whose work permit he threatened to cancel. It must be pointed out that the order of the judge was not a judgement by any definition. Tjiriange explains that "once a person has been commissioned by the President as a judge of either the Supreme Court or the High Court, he/she is a Namibian judge whatever his/her nationality." Secondly, a non-Namibian judge performs his or her judicial functions on the basis of the presidential commission (appointment) and not a work permit. - It is important to inform the public that the independence of the judiciary means a number of things, Tjiriange told the press. "Among these is the requirement that judges should not be interfered with in the performance of their judicial functions. It also means that judges should not be threatened, ridiculed, abused or derided. Persons exercising their freedom of speech, which touches on the judiciary, are subject to the restrictions set by the Constitution and any other law. Persons who utter words that may be construed to be in contempt of court, shall, therefore, be personally responsible to justify their utterances if charged with contempt of court."
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