Staff Reporter
SISA Namandje, a well-known legal practitioner and member of the political bureau of the central committee of the ruling Swapo Party, has urged Namibians to beware of “the irresponsible and uninformed views” persistently circulated these days, particularly on social media platforms. According to him, these views have the ability to invert the relative importance of matters of public importance, thus dwarfing the well-meant thoughts and aspirations of the people.
Namandje delivered a public lecture at the Swapo Party School on Saturday, delving into the recent judgment of the High Court on the crime of sodomy. He said that the public discussion on the topic is timely and appropriate but pointed out that the discussions have, regrettably, degenerated into insults by people “who believe that insult is an apt and effective armoury of persuasion in modern society.”
According to him, the consistent propagation of disparaging gratuitous comments and innuendos against others, including members of the Judiciary, traps Namibians in an atmosphere of hate, anger, fear, and chaos. “We must all reject this culture of dissemination of harmful doctrine and utter nonsensical ideas,” he said, exhorting Namibians to abhor and repudiate “this manner of conversing.”
He said that perceived grievances and proposed remedies must be aired through responsible, informed, and constructive discussion. “An occasion such as this one,” he said, “inevitably promotes a culture of civility in our public discourse. Civility in our engagement, as a collective, must be accompanied by fair dealing with one another.”
He elaborated: “Civility in a constitutional sense involves more than just courtesy or good manners. It is one of the binding elements of a constitutional democracy. It presupposes tolerance for those with whom one disagrees and respect for the dignity of those with whom one is in dispute.”
Diving deeper into the recent High and Supreme Court decisions in homosexual-related cases, Namandje said that notwithstanding the insult-filled public discussion, Namibians must not be naïve to pretend that they are unaware or perhaps oblivious to the fact that while the Judiciary necessarily forms “a somewhat secular priesthood” over us, this does not mean that it [Judiciary] is entitled to “pontificate” in a manner that may be subversive to our nation’s good morals, sensitivities, norms, culture, values, and aspirations as a sovereign nation.
In May 2023, the Supreme Court of Namibia directed the government to recognise same-sex marriages concluded in foreign countries, a judgment that Namandje said evoked powerful views and triggered an emotive debate that is “lingering on to this date.”
On the 21st of last month, the High Court declared the common law offence of sodomy as unconstitutional. It also declared the common law unnatural sexual offences as unconstitutional. According to Namandje, who is of the view that the High Court erred in its latest judgment — the Dausab Judgment — it was not surprising that the judgement was followed by an emotive debate.
His public lecture was, therefore, to critically interrogate the question of whether or not there can be a court-made constitutional law or principle having no roots in the language and scheme of the Namibian Constitution.
