Point of view
In light of this subject, I shall articulate my reflections, which transcend mere academic opinion.
The notion of legal governance, inter alia, emphasizes a system of government founded upon constitutionalism as the supreme law. Within the legal framework, a constitution falls under public law, serving as the primary source of law and remaining binding rather than merely persuasive.
In the context of Namibia, one may argue, based on the Namibian Constitution or even the South African Constitution, that the constitution is the supreme law. However, as often asserted, politics and law are inextricably intertwined and exceedingly difficult to disentangle.
Legal governance in emerging African democracies remains elusive because judges and judicial officers are appointed by politicians. Politicians, as products of democratic processes, are responsible for enacting legislation, also known as Acts of Parliament, which constitute primary and binding laws.
Within the African context, as many scholars contend, adherence to the rule of law and respect for constitutionalism become formidable endeavors. In 1999, Dr. Sam Nujoma amended the Constitution to permit himself to govern for fifteen years. In Uganda, Yoweri Museveni altered the Constitution to remove presidential term limits. In Zimbabwe, Emmerson Mnangagwa has pursued constitutional amendments enabling him to remain in power without electoral mandate until 2030. This exemplifies a persistent challenge across the continent.
Legal governance does exist in Africa; however, its principal challenge lies in effective implementation. The judiciary must be insulated from political interference to ensure genuine independence of the courts. International law recognizes political participation as a fundamental human right, unless one were to argue that governance should be reserved exclusively for technocrats.
While advocating for legal governance is imperative, numerous obstacles impede its realization. Recently, former U.S. President Donald Trump allegedly disregarded principles of international law and state sovereignty in his dealings with Nicolás Maduro. In a system of legal governance, authority is vested in political parties, rendering reform particularly complex unless an entirely new legal framework is devised, one that diminishes human rights, which is neither desirable nor feasible.
In conclusion, while advocacy for legal governance is essential for effective service delivery, accountable leadership, and transparency, priority must be given to strengthening existing legal structures grounded in constitutional supremacy.
Stephanus Pombili is a Namibian political analyst who has appeared on television, radio, and in newspapers discussing issues of politics, law, and constitutionalism. He holds a Bachelor of Arts degree majoring in Politics and Governance. He has conducted academic research for IUM, London Bridge Business School, and the Africa Institute of Public Administration. He has also served on various campaign committees as a campaign manager for the SWAPO Party's various candidates