Nambia: Annual Human Rights Report: 2008

NAMIBIA:
HUMAN RIGHTS
REPORT 2008
WINDHOEK NAMIBIA DECEMBER 17 2008

13th Submission under the African Charter on Human & Peoples Rights
“If you believe in freedom of speech, you believe in freedom of speech

for views you don't like. Goebbels was in favor of freedom of speech for
views he liked. So was Stalin. If you're in favor of freedom of speech,
that means you're in favor of freedom of speech precisely for views you
despise”.
Noam Chomsky 1992
“The price of liberty is eternal vigilance”

Irish Judge John Philpot Curran (1750 – 1817)
“If liberty means anything at all, it means the right to tell people what
they do not want to hear”.
George Orwell (1946)
“[…] The true test of our support for freedom of speech comes when we
are asked to defend the rights of some views we abhor”.
Peter Singer (2004)
2
ACKNOWLEDGEMENT:
We wish to thank all our human rights defenders and other civil society actors, including
the media, and members of the general public as well as the law implementation officials
for the information contained in this Report. Our special thanks go to our donors, such as
the Embassies of Finland and France as well as Hanns Seidel Foundation, Sida and Hivos.
Without their financial or in kind support, NSHR’s mission would have been impossible.
However, save where the context indicates otherwise, the opinions expressed in this
Report are exclusively those of NSHR.
© 2008 NSHR. All rights reserved. Save where and or when NSHR is expressly credited,
quoting from this Report is strictly prohibited. This Report or any other part hereof may
not be reproduced, stored in retrieval systems or transmitted in any way or form
whatsoever, save with prior permission from NSHR. All information contained herein has
been verified to the best of NSHR’s ability but NSHR or any employees thereof do not
accept responsibility for any exclusion or inclusion or any loss resulting from reliance on
this Report.
National Society for Human Rights

Liberty Center
116 John Meinert Street
Windhoek-West
P. O. Box 23592
Windhoek
Republic of Namibia
Tel: +264 61 236 183 or +264 61 253 447
Fax: +264 61 234 286
E-mail: nshr@nshr.org.na or nshr@iafrica.com.na
Web: www.nshr.org.na
3
TABLE OF CONTENTS PAGE
ACRONYMS AND ABBREVIATIONS 5
I. INTRODUCTION 8
II. GENERAL STATE OF HUMAN SECURITY 12
A. STATE OF ECONOMIC SECURITY 13
1. RIGHT TO ECONOMIC SECURITY 13
1.1. RIGHT TO EDUCATION 14
1.2. RIGHT TO WORK 17
1.3. RIGHT TO SOCIAL SECURITY 19
2. RIGHT TO FOOD SECURITY 21
3. RIGHT TO HEALTH SECURITY 23
4. RIGHT TO ENVIRONMENT SECURITY 35
5. RIGHT TO ADEQUATE HOUSING & SANITATION 37
B. STATE OF CIVIL & POLITICAL SECURITY 39
1. RIGHT TO PERSONAL SECURITY 40
2. RIGHT TO POLITICAL SECURITY 49
2.1. FALTERING DEMOCRATIZATION PROCESS 50
2.2. STRUCTURAL DEFICIENCIES 103
2.3. HUMAN RIGHTS VIOLATIONS 111
2.3.1. SUMMARY EXECUTIONS 111
2.3.2. OFFICIAL KILLINGS 122
2.3.3. FREEDOM FROM TORTURE 127
2.3.4. FREEDOM FROM ARBITRARY DEPRIVATION OF LIBERTY 133
2.3.5. FREEDOM FROM ABUSE OF POWER AND EXILE 138
2.3.6. FREEDOM FROM ENFORCED DISAPPEARANCE 143
2.3.7. DISRESPECT FOR RULE OF LAW 146
2.3.8. RIGHT TO FAIR PUBLIC TRIAL 153
2.3.9. RIGHT TO PRIVACY 155
2.3.10. FREEDOM FROM DISCRIMINATION 156
2.3.11. FUNDAMENTAL FREEDOMS 173
2.3.11.1. FREEDOM OF OPINION & EXPRESSION 174
2.3.11.2. FREEDOM OF ASSOCIATION 203
2.3.11.3. FREEDOM OF ASSEMBLY 219
2.3.11.4. FREEDOM OF MOVEMENT 222
2.3.11.5. FREEDOM OF RELIGION 225
3. RIGHT TO COMMUNITY SECURITY 226
III. HRV STATISTICAL LEGEND 2008 232
IV. IMPACT MONITORING INDICATORS 2008 240
V. MEDIA REPORTS ABOUT NH2R 2007 249
4
ACRONYMS AND ABBREVIATIONS
ACC Anti-Corruption Commission

AG Attorney General
AI Amnesty International
AJ Acting Justice
AMR adult mortality rate
ANC African National Congress
ARV antiretroviral
AU African Union
AZ Allgemeine Zeitung newspaper
BBC British Broadcasting Corporation
BP British Petroleum
CAT Convention or Committee against Torture
CATS Citizens for an Accountable and Transparent Society
CCN Council of Churches in Namibia
CCPR Covenant on Civil and Political Rights
CDM Clean Development Mechanism
CDU Complaints and Discipline Unit of NamPol
CEDAW Convention on the Elimination of Discrimination against Women
CEES rights cultural, economic, environmental and social rights
CEO Chief Executive Officer
CERD Committee on the Elimination of Racial Discrimination
CESCR Committee on Economic and Cultural Rights
CIA Central Intelligence Agency
CID Criminal Investigations Department
CIDT cruel, inhuman and degrading treatment
CLA Caprivi Liberation Army
CoD Congress of Democrats
COMBI communication-for-behavioral-change
CPA Criminal Procedure Act
CPI Corruption Perception Index
CPRs civil and political rights
CR Crime Report
CSAs civil society actors
CSOs civil society organizations
CTL Council of Traditional Leaders
DAW discrimination against women
DOTS directly observed therapy-short course
DRC Democratic Republic of the Congo
DTA Democratic Turnhalle Alliance
EEC Employment Equity Commission
ELCIN Evangelical Lutheran Church in Namibia
ELCRN Evangelical Lutheran Church in the Republic of Namibia
ETSIP Education and Training Sector Improvement Programme
FDI foreign direct investment
FFF Forum for the Future
FY fiscal or financial year
GBV gender-based violence
GDP gross domestic product
GoN Government of Namibia
HDI Human development index
HDR human development report
HH Hidipo Hamutenya
HRC Human Rights Committee
HRD Human rights defender
HRV human rights violations
5
ICC International Criminal Court
ICCPR International Covenant on Civil and Political Rights
ICERD International Convention on the Elimination of Racial Discrimination
ICESCR International Covenant on Economic, Social and Cultural Rights
ICRC International Committee of the Red Cross
ID identity document
ILO International Labor Organization
IPPR Institute of Public Policy Research
LAC Legal Assistance Centre
LaRRI Labour Resources Research Institute
LDTD long distance truck driver
LGBTI lesbian, gay, bisexual, transgender and intersex
LSN Law Society of Namibia
MAG Monitor Action Group
MC Magistrates’ Commission
MDGs Millennium Development Goals
MDR-TB multi-drug resistant tuberculosis
MET Ministry of Environment an Tourism
MGECW Ministry of Gender Equality and Child Welfare
MHAI Ministry of Home Affairs and Immigration
MIB Ministry of Information and Broadcasting
MISA Media Institute of Southern Africa
MMR maternal mortality rate
MoE Ministry of Education
MoHSS Ministry of Health and Social Services
MoJ Ministry of Justice
MP(s) Member(s) of Parliament
MSS Ministry of Safety and Security
MTI Ministry of Trade and Industry
NA National Assembly
NAA Namibia Albino Association
NABTA Namibia Bus and Taxi Association
NamPol Namibian Police
NANTU Namibia National Teachers' Union
NAPWU Namibia Public Workers Union
NBC Namibian Broadcasting Corporation
NC Namibian Constitution
NCIS Namibia Central Intelligence Service
NCO non-commissioned officer
NDF Namibian Defense Force
NDP National Development Program
NFPDN National Federation of Persons with Disabilities of Namibia
NH2R Namibia Human Rights Report
NHIES National Household Income and Expenditure Survey
NLA Namibia Law Association
NMDC Namibia Movement for Democratic Change
NPC National Planning Commission
NSHR National Society for Human Rights
NUDO National Unity Democratic Organization
NUNW National Union of Namibian Workers
OPG Office of the Prosecutor General
ORC Osire Refugee Camp
OTA OvaKwanyama Traditional Authority
OVC orphaned and vulnerable children
PCD Paralegal Case Database
PDD Publications Distribution Database
PLAN People’s Liberation Army of Namibia
PLIHA people living with HIV-AIDS
PLIWA people living with albinism
6
PMTCP prevention of mother-to-child program
PSUN Public Service Union of Namibia
PWDs people with disabilities
RDP Rally for Democracy and Progress
RMOs Regional Monitoring and Advocacy Offices
SA South Africa
SADC Southern African Development Community
SADF South African Defense Force
SAJC Southern African Judges’ Comission
SCU Serious Crime Unit of NamPol
SFF Special Field Force
SOEs State-owned enterprises
SPEC Swapo Party Elders Council
SPWC Swapo Party Women’s Council
SPYL Swapo Party Youth League
SSC Social Security Commission
STIs sexually transmitted infections
SWANU South West Africa National Union
SWAPO South West African People’s Organization
TAGOMA The Age of March
TB tuberculosis
TI Transparency International
TRC Truth & Reconciliation Commission
TRP The Rainbow Project
UCC United Church Council
UDF United Democratic Front
UDHR Universal Declaration of Human Rights
UDP United Democratic Party
UN United Nations
UNAM University of Namibia
UNCAC UN Convention against Corruption
UNDP United Nations Development Program
UNFCC nited Nations Framework Convention on Climate Change
UNGA United Nations General Assembly
UNICEF United Nations Children’s Fund
UNITA National Union for the Total Independence of Angola
US United States (of America)
USAID United States Agency for International Development
UXO unexploded ordnance
VAW violence against women or violence against the weak
VOAR Visitor Opinion Assessment Register
VRD visitors’ register database
WCP Windhoek Central Prison
WHO World Health Organization
WSN Women’s Solidarity Namibia
WSSSP Water Supply and Sanitation Sector Policy
XDR-TB extremely drug-resistant tuberculosis
ZANU-PF Zimbabwe African National Union-Patriotic Front
7
I. INTRODUCTION
NH2R is a comprehensive yearly assessment of the human rights situation in the country
expressed in terms of seven dimensions of human security.1 The assessment is made from a
local human rights point of view and expressed in a plain, non-diplomatic and straight
language. This Report is not a simplistic comparison between the human security situation
in Namibia and other African states. Neither is this a blanket contrast between the human
security situations prevailing in the country before and after Namibian independence on
March 21 1990. NH2R is a systematic comparison between the de jure principles, on the
one hand, and the de facto human security situation in the country, on the other.
In order to appreciate the reasons for the shortcomings in the human security situation in
the country, it is necessary to have regard to Government of Namibia (GoN) compliance
or noncompliance with the de jure guiding national and international principles in
accordance with which respect, protection and fulfillment of human rights and
fundamental freedoms should be implemented in the country at all levels government.
Firstly, it should be pointed out that the reason for the existence of any State is to ensure
the welfare of everyone under its jurisdiction without distinction based on race, color, sex,
language, age, religion, political or other opinion, national or social origin, property,
birth, or any other status. Accordingly, the reason for the 1990 establishment of the
Republic of Namibia was to secure justice, equality, liberty and solidarity for all its
citizens.2 After all, the country proper is defined as inter alia a democratic state founded
upon the principles of democracy, the rule of law, and justice for all.3
Secondly, GoN is under national obligation to adopt specific legislative, judicial,

administrative and other measures to actively promote and maintain the welfare of the
people by inter alia: (1) enacting legislation ensuring equality of opportunity between
women and men; (2) actively encouraging the formation of independent labor unions to
1
Human security refers to a political, economic, food, environment, personal and community security situation conducive to the
respect, protection and fulfillment of all the internationally recognized basic human rights and fundamental freedoms. Under this
situation, both man-made and natural menaces should be absent or at least minimized through both active and passive behavior of
Government
2
paragraph 5(5) of Preamble to NC
3
Article 1(1) of NC
8
promote the rights of workers; (3) ensuring that each and every citizen has the right to a
fair and reasonable access to public services in order to maintain a decent standard of
living; (4) ensuring a legal system that promotes justice for all by providing free legal aid
for those in need; and (5) encouraging civic education programs aimed at enabling
citizens to influence Government policies by debating its decisions; as well as (6)
maintaining ecological wisdom, including sustainable utilization of natural resources.4
Thirdly, administrative bodies and administrative officials are constitutionally required to

act fairly and reasonably and to comply with the requirements imposed upon them by
statutory legislation and common law.5 Moreover, before being sworn into office, elected
and or appointed public officials are required to take an oath or affirmation by which they
declare under the penalty of perjury that they will uphold, protect and defend the
Namibian Constitution (NC) as the supreme law of the land.6
Fourthly, NC recognizes the inherent dignity and the equal and inalienable rights of all
people. This includes the right to life, liberty and the pursuit of happiness, regardless of
race, color, ethnic origin, sex, religion, creed, or social or economic status.7 NC also
recognizes the fact that the inherent dignity and the equal and inalienable rights of all
people are most effectively respected, protected, and upheld in a democratic society in
which the administrative authorities not only operate under a supreme constitution and a
free and independent judiciary but are also accountable to the freely elected
representatives of the people.8
Fifthly, in terms of NC, the economic order of Namibia “shall be based on the principles
of a mixed economy with the objective of securing economic growth, prosperity and a life
of human dignity” for all Namibians while the country’s economy “shall be based on
public, private, joint public-private, cooperative, co-ownership and small-scale family
forms of ownership”.9
4
Article 95 of NC
5
Article 18 of NC
6
Articles 30, 32(1), 38, 55, 71 and Schedules 1 and 2 of NC
7
paragraphs 1 and 2, Preamble to NC
8
paragraph 3, Preamble to NC
9
Article 98 of NC
9
Sixthly, GoN is under the peremptory obligation to ensure that all persons under its
jurisdiction enjoy all the basic human rights and fundamental freedoms recognized by the
international community as laid down in international law. By becoming a State Party to
international treaties, GoN assumes three basic legal obligations and duties. These include
the responsibility to protect, respect, and fulfill the basic human rights and fundamental
freedoms of everyone under its jurisdiction, without distinction of any kind, such as race,
color, sex (including sexual orientation), language, religion, political or other opinion,
national or social origin, property, birth or other status.10
Seventhly, GoN, like all other UN Member States, has undertaken to achieve eight UN
Millennium Development Goals (MDGs) by 2015. These MDGs envision a world with
less poverty, hunger, and disease, greater survival prospects for mothers and their infants,
better educated children, equal opportunities for women, and a healthier environment; a
world in which developed and developing countries worked in partnership for the
betterment of all.
The rationale behind this Report is to determine as to whether or not and or to what extent
the overall human security situation has improved or deteriorated over a 12 months period.
The Report also serves as an indicator and early warning signal as to whether or not the
human security situation is likely to improve or deteriorate during the next 12 months
period. From the socio-economic and political situation described in this Report it is
possible to obtain a reliable picture of not only the aggregate human security situation
prevailing in the country between September 28 2007 and October 31 2008, but also
about the human security situation that is likely to prevail in the next period of reporting.
This Report attempts to determine as to whether or not the human security situation has
improved or deteriorated over the past 12 months using NC, various international human
rights instruments, and accepted norms and standards as a yardstick. Moreover, this report
takes into cognizance the doctrine that human rights are universal, indivisible,
interrelated, and interdependent and that respect for civil and political rights goes hand in
hand with the recognition of all cultural, economic, environmental, and social rights.
10
UDHR (Article 2), ICCPR (Article 2) and ICESCR (Article 2(2))
10
The passive and active human rights abuses herein enumerated are summarized as head
counts of commissions and omissions either by GoN or by private groups or individuals
acting in the name or in the defense of GoN or the ruling party, when such commissions
and omissions are perpetrated with the implicit or explicit consent, tolerance or
acquiescence of GoN or by the ruling party. The commissions and omissions by non-State
actors, such as the Opposition parties, traditional authorities and ecumenical entities as
well as CSOs are also taken into account. However, GoN has the prime obligation to
respect, protect and fulfill all the human rights of all persons in the country, without any
distinction based on race, color, sex, language, age, religion, political or other opinion,
national or social origin, property, birth or other status. These obligations include the
immediate duty not only to prevent, investigate and punish, but also to ensure redress for
the harm caused by third parties, such as private individuals, commercial enterprises and
or any other non-state actors.
It is self-evident that this Report only lists those human rights violations, which have
come to NSHR’s attention as the period under review ended. That is to say the human
security challenges listed herein are by no means the only abuses that have occurred in
the country during the period under consideration. In certain cases, the same omission or
commission may be listed more than once if it falls under different categories of human
security threats. In other cases, the same abuses have been perpetrated on several
occasions during the period under review.
In assembling, analyzing and determining the overall picture of the human security
situation in the country, this Report relied heavily on the information sought and or
received from a variety of sources: (1) NSHR’s own first-hand sources; (2) members of
the general public; (3) local and international human rights and media reports; and (4)
informants within the country’s law implementation agencies and the public service; as
well as (5) GoN reports, statistics and figures produced by UN and other similar inter-
governmental agencies. Even if most of the information contained in this Report came
from original NSHR sources, extensive use of footnotes is made at the bottom of each
page of this Report as an additional backup.
11
NH2R serves several vital purposes and has several major objectives. The first major
objective is to present a comprehensive overview on the legislative, judicial, and
administrative and other measures GoN has undertaken or has failed to undertake, at the
national, regional and local levels, in conformity with its obligations under the various
national and international instruments on civil, cultural, economic, environmental,
political and social rights.
The second major objective of the Report is to help GoN monitor and evaluate its own
performance vis-à-vis the actual human rights situation in the country on an annual basis.
NH2R seeks to create GoN awareness with respect to each of the human rights and
fundamental freedoms guaranteed under the aforementioned instruments and the extent to
which these human rights are or are not being enjoyed by all individuals and communities
in the country.
The third primary purpose of this Report is to enable inter alia the various AU, UN and
other related supervisory mechanisms to regularly monitor the de jure and de facto
human rights situation in Namibia and, where necessary and applicable, take appropriate
measures to ensure compliance.
The last but not least major objective of NH2R is to assist NSHR and other civil society
actors as well as individual citizens to advocate GoN compliance with the aforementioned
instruments. This Report covers the period between September 28 2007 and October 31
2008.
II. GENERAL STATE OF HUMAN SECURITY
The general human security situation in the country continued to deteriorate during the
period under review, with both the right to freedom from want and the right to freedom
from fear seriously threatened. All the seven domains of human security,11 viz. economic,
food, health, environmental, personal and political as well as community security, have
11
UNDP's definition human security holds that the proper referent for security should be the human person, rather than the traditional
notion of ‘national or state security’ from internal rebellion and external armed aggression. Similarly, NSHR’s approach to human
security also concentrates on the security of the people, rather than the narrow traditional security of the state.
12
been gravely affected as the period under review ended. This grave human insecurity
situation manifested itself in terms of inter alia the rising levels of hunger, poverty,
communicable and incommunicable diseases, mortalities, unemployment, environmental
degradation and physical and other violence as well as a host of other threats to the rights
to personal, political and community security.
GoN and or ruling Swapo Party officials have continued to blame their failure and or
apparent inability to alleviate the country’s life threatening human security situation on,
inter alia, the legacy of apartheid, colonialism and the economic practices of the rich
nations in the northern hemisphere.
A. STATE OF ECONOMIC SECURITY
The cultural, economic, environmental, and social security situation prevailing in the
country has continued to deteriorate unabatedly. This state of affairs is incompatible with
GoN’s obligation to take steps, by all appropriate means, to the maximum of its available
resources, towards achieving progressively the full recognition of all the cultural,
economic, environmental, and social (CEES) rights. The prevalence of socio-economic
hardships have also created an impression that GoN leaders either lack the political will
or the administrative competency to secure social justice for all its citizens as envisaged
in NC and relevant international law.
As the period under review ended, several general socio-economic ills characterized the
CEES rights situation in the country. These socio-economic evils have continued to have
negative bearings on the right of Namibian residents to freedom from want, including:
1. RIGHT TO ECONOMIC SECURITY
The right to “economic security” requires that GoN ensure regular basic income for all
citizens, resulting either from productive and remunerative work or from publicly
financed safety nets. The right to economic security includes the right to enjoy the
following rights:
13
1.1. RIGHT TO EDUCATION
The right to education is one of the vital elements of the right to economic security.
Education is a fundamental right guaranteed in NC12as well as ICESCR.13MDG 2
requires GoN to achieve by 2015 universal enrolment and completion of high quality
primary education for both boy and girl children.
The right to education is an indispensable means of realizing other human rights. As an

empowerment right, education is the primary vehicle by which economically and socially
marginalized adults and children can lift themselves out of poverty and obtain the means
to participate fully in the socio-economic and cultural development of their communities.
Education also plays a vital role in empowering women, safeguarding children from
exploitative and hazardous labor and sexual exploitation, promoting human rights and
democracy, protecting the environment, and controlling population growth. Increasingly,
education is recognized as one of the best financial investments States Parties to ICESCR
can make.14
Furthermore, the normative contents of the right to education require States Parties to
ICESCR to ensure that all education, whether public or private, formal or non-formal, is
directed towards the aims and objectives identified in ICESCR.15Article 13 (1) of
ICESCR therefore adds value to Article 26(2) of UDHR in three respects: (1) that
education should be directed to the development of human personality's "sense of
dignity"; (2) that it should "enable all persons to participate effectively in a free society";
and (3) that it should promote understanding among all "ethnic" groups in the country.
In terms of ICESCR,16 GoN is obligated to provide available, accessible, acceptable and

adaptable education in all its forms and at all levels.
However, enjoyment of the right to education continued to remain illusive and ineffective
as the period under review ended. The type of education available in the country during
12
Article 20 of NC
13
Articles 13 and 14 of ICESCR
14
paragraph 1, U.N. document E/C.12/1999/10, December 8 1999
15
paragraph 4, U.N. document E/C.12/1999/10, December 8 1999 and. Article 13 (1) of ICESCR
16
Article 13(2) of ICESCR
14
the period under review is not compatible with any of the requirements of availability,
accessibility, acceptability, and adaptability as set out in the aforementioned GoN
obligations. Virtually the same problems that had dogged the country’s education system
during the previous period under reporting persevered during the current period of
reporting. These include lack of financial resources, insufficient facilities, inadequate
number of trained personnel, and insufficient or improper teaching materials resulting on
massive failures.
In its Concluding Observations following its evaluation of the GoN Report in Geneva
between July 28 and August 15 2008, CERD expressed concern over inter alia persistent
de facto discrimination regarding access to education as well as high illiteracy rate among
marginalized sectors of the population.17
Several individuals and GoN officials have also expressed concern over the crisis-ridden
educational system in the country. Speaking on May 23 2008 during the launch of the
Star School Project at the Acacia Secondary School in Khomasdal, Prime Minister Nahas
Angula identified ”pessimism, lack of motivation, and not being appreciated as well as
the effects of HIV-AIDS” as some of the obstacles facing learners and teachers in the
country.18
On October 3 2008, Ministry of Education (MoE) Deputy Minister Dr. Becky Ndjoze-
Ojo also expressed concern about the very low standard of education in the country and
urged teachers to give their best and change the lives of students. She emphasized that
professionally trained teachers should ensure all-round development of the human
personality that takes into account the spiritual, moral, and social aspects.19
She stressed that the ambitious teaching and educational plan set up by the ministry
known as Education and Training Sector Improvement Programme (ETSIP) cannot be
implemented or activated unless it is accompanied by an anticipated high standard of
preparation of teachers to give effect thereto. According to Dr. Ndjoze-Ojo, MoE
17
“UN censures GoN over race treaty”, Press Release, NSHR, August 20 2008 and “Consideration of Reports submitted
by States Parties under Article 9 of the Convention”, Committee on the Elimination of Racial Discrimination, Seventy-
third Session, July 28 -August 15 2008
18
“Education Needs an Attitude”, New Era online, May 28 2008
19
“‘Namibia Needs Quality Over Quantity’”, New Era online, October 7 2008
15
reiterates the importance of upgrading, first and above all, the level of teachers and those
who are responsible for training them.
In response to Dr. Ndjoze-Ojo’s criticism, Nantu President Simeon Kavila said the major
challenges faced by teachers in the country included rising cost of living, very low
income levels, limited accommodation and teaching facilities and the scourge of HIV
and AIDS. Kavila said these challenges impact adversely on the performance of teachers
in classrooms and social mobility of teachers. He complained: “All that I regularly hear
is: teachers do not teach properly and that they are a lazy bunch that is why children fail,
they must be fired”.
Kavila also called on GoN to speedily provide textbooks for learners, invest resources to
make the learning and teaching environment conducive. He urged GoN to construct
buildings and supply equipment for school science laboratories and stock libraries with
teaching and learning resources as well as to provide in-service training and upgrading
courses for teachers through distance education or workshops.
Furthermore, Kavila further called upon the MoE management to regularly visit schools
in order to provide guidance and support to school managers and teachers and to provide
market-related salary packages to teachers. Kavila also demanded that GoN should focus
on the teachers infected and affected by the HIV-AIDS pandemic.
Chamber of Mines President Otto Shikongo charged in May 2008 that “these days” many
people sent their children abroad because the country’s education system “is not in a good
state”. According to Shikongo, the country’s bad education system contributed to a severe
lack of required skills for mining. A survey on skills availability in the country
commissioned by the Chamber of Mines indicated that present and projected acute
shortages of skills rated at 37 and 13 percent for professionals and critical artisan trades,
respectively.20
20
“Education System Comes under Fire”, New Era online, Monday, June 2 2008
16
1.2. RIGHT TO WORK
The right to work is also an indispensable element of the right to economic security. De
jure, the right to work and other labor-related freedoms are enshrined in NC21 as well as
ICESCR.22In accordance with the principles of State responsibility, GoN has the
obligation to achieve full realization of the right to work. This includes making provisions
for technical and vocational guidance and training programs as well as policies to
progressively achieve full and productive employment under conditions safeguarding
fundamental political and economic freedoms and rights.23
Namibia is among the countries with the highest unemployment rates in the world.
Official figures show that slightly more than 36 percent of the workforce was
unemployed with only one third said to be formally employed.24However, unofficial
figures, which are more realistic and accurate than the official figures, suggest that the
country’s real unemployment rate could be as high as 60 percent.
VISITOR'S OPINION ASSESMENT REGISTER (VOAR) 01.10.2007-31.10.2008

ALL OFFICES: NUMBER OF PEOPLE POLLED: 2 602
Lack of Roads Drought No Problem Others

Lack of Schools
0% 1% 3% 8% Unemployment
0%
Lack of Clinics & Health Poverty
Centres Water and Electricity
1%
Crime
Alcohol Abuse
0% Housing
Noise pollution Sanitation
0%
Noise pollution
Sanitation
3% Alcohol Abuse
Housing Lack of Clinics &

Health Centres
0% Lack of Schools
Crime Lack of Roads
2%
Drought
Water and Electricity
12% No Problem
Others
Poverty Unemployment
9% 61%
Fig.1.7.1. Combined VOAR Pie
NSHR statistics also show unemployment as the biggest problem facing its beneficiaries
during the period under reporting. A VOAR survey conducted countrywide [(see
21
Articles 21(1) (f) and 95 of NC
22
Articles 6, 7 and 8 of ICESCR
23
Articles 2, 7 and 8 of International Covenant on Economic and Social Rights
24
“Namibia Suicide Statistics Worrisome”, New Era online, Friday, May 16 2008
17
Fig.1.7.1. supra)] shows that unemployment, followed by poverty and lack of access to
water and electricity, is the biggest socio-economic hardship plaguing the majority of the
country’s people.
Out of a total of 2 602 people polled, 61 percent fingered unemployment as the major
problem in their respective residential areas. Thirteen (13) and 9 percent of those who
mentioned lack of water and poverty, respectively, as the highest problem facing them,
follows this.
Chronic labor-related problems also continued to plague the country during the period
under consideration. These problems include negative processes and structural
deficiencies, such as political-party affiliated trade unions, GoN hostility towards
independent trade unions and globalization, as well as GoN pursuit of neo-liberal socio-
economic policies. Privatization of State-owned enterprises, retrenchment of workers, and
casualization of labor through labor hire companies and child labor also remained
pervasive.25 Several high-ranking GoN and other officials have expressed concern over
widespread worker retrenchment and other labor-related injustices in the country.
Writing in The Namibian on January 25 2008, senior Namibian political analyst Dr.
Henning Melber lamented the fact that the leadership of the dominant organized labor
movement compromised its autonomy from the state in return for a co-option into the
political establishment represented by the Namibian Government. As an integral part of
the anti-colonial struggle NUNW retained its affiliation to the Swapo Party after
Independence. The pact between labor and government all too often took place at the
expense of the ordinary workers' interests.26
In a speech marking the International Workers’ Day on May 1 2008, President Pohamba
strongly condemned the “ill-treatment of workers through victimization, unnecessary
retrenchments and dismissals”.27Labor Commissioner Bro-Mathew Shinguadja also
condemned the country’s labor hire system. Shinguadja described the labor hire system as
25
“2007 Findings on the worst forms of child labor—Namibia”, United States Department of Labor, August 27 2008
26
“Anything But Liberated: Namibia's (Un)Civil Society”, The Namibian online, Friday, January 25 2008
27
“President Condemns Unfair Labor Practices”, New Era online, May 2 2008
18
“immoral and indecent” and as a “contemporary form of slavery”. In his condemnation,
Shinguadia singled out Africa Personnel Services (APS).28
PSUN Secretary General Victor Kanzonyati likened the country’s labor hire system with
the constitutionally outlawed the South West Africa Native Labour Association
(SWANLA) contract labor system. Kanzonyati pointed out that the Namibian people
waged an armed struggle to eliminate such practices. According to him the labor hire
systems threatened peace and a cohesive society.29Addressing May Day celebrations at
the UN Plaza in Windhoek, Nafinu President David Shikulo also expressed concern over
worker retrenchments and called on GoN to speedily implement the new Labor Act 2007
(Act 11 of 2007).30
1.3. RIGHT TO SOCIAL SECURITY
The right to social security is also a vital element of the right to economic security.
Relevant national and international instruments oblige GoN to ensure adequate standards
of living through constant improvement in the delivery of essential social services and
access thereto by all people in need.
According to NC31and ICESCR32every citizen has the right to social security, including
social insurance. This right is non-derogable even in times of severe economic
constraints. In particular, vulnerable members of society should be protected through
inter alia the adoption of relatively low-cost targeted programs. These include social
assistance, prevention diseases, medical care and the provision of food, water, housing,
employment, training, education and culture.
However, the realization of the right to social security also remained a pipe dream during
the period under review. The overwhelming majority of the country’s population faced
grave social security threats, such as poverty, hunger, ignorance, destitution and disease.
During the period under reporting, the country also continued to face the “triple threat”
28
“Labor Hire System ‘Immoral’”, New Era online, May 6 2008
29
“The Threats Facing Workers”, New Era online, March 7 2008
30
“President Condemns Unfair Labor Practices”, New Era online, May 2 2008
31
Article 95 of NC
32
Articles 9 and 10 of ICESCR
19
characterized by the HIV-AIDS pandemic, food insecurity and lack of government
capacity.33As the period under review ended, thousands of citizens were regularly
exposed to natural disasters, such as drought34and floods35as well as wildfires.36
Despite having reported progress on child survival, Namibia’s shocking statistics on child
survival indicate that infant and under-five mortality rates have increased dramatically.
Also, the number of women dying during pregnancy, delivery or shortly after giving birth
has doubled. According to MoHSS data, the country’s maternal mortality rates
dramatically increased from 227 per 100 000 live births in 2000 to 449 per 100 000 in
2006. The child mortality rate also increased over the same period, from 62 per 1 000 live
births to 69 per 1 000 live births, while the infant mortality rate also went up from 38 per
1 000 live births to 46 per 1 000 live births.37
Speaking at the launch of the State of the World Children 2008 and its Namibian
Supplement on January 28 2008, MoHSS Minister Dr. Richard Kamwi said HIV-AIDS
was at the core of the shocking statistics on child and maternal mortalities.
However, UNICEF Resident Representative Khin-Sandi Lwin pointed out that HIV-
AIDS was not the only cause of such high mortality rates in the country. According to
Lwin, many Namibian children have died of preventable diseases and opportunistic
infections, such as TB, pneumonia, malaria, malnutrition and diarrhea. Lwin also warned
that high infant and under-five mortality rates were indicative of a country’s performance
in terms of its overall development goals.
33
“NAMIBIA: Joblessness, poverty challenge progress, report”, IRINNews online, October 16 2006
34
“Govt gives N$20 million to alleviate impact of drought”, The Namibian online, Friday, July 13 2007; “Shocking Statistics Could
Spell Severe Drought”, New Era online, February 28 2007 and “Crop failures raise famine fears: WFP”, The Namibian online,
Friday, March 9 2007
35
“Flood emergency declared”, The Namibian online, Wednesday, March 5 2008 and “Caprivi prepared if floods come”, The Namibian
online, Friday, January 19 2007; “Hundreds Cut Off by Floods”, New Era online, February 22 2007 and “Red Cross seeks N$10 m
for flood-affected Caprivi”, The Namibian online, Wednesday, March 28 2007
36
“Wildfires destroy tracks of land”, New Era online, Tuesday, October 9 2008 and Veld fire destroys grazing in the North”, The
Namibian online, Tuesday, August 21 2007
37
“Maternal Death Rate Shoots Up”, New Era online, January 29 2008
20
2. RIGHT TO FOOD SECURITY
The right to food security requires that all people at all times have both physical and
economic access to basic food. The right to adequate food is recognized in NC38 and in
several instruments under international law. Pursuant to ICESCR,39 States Parties must
realize the right of everyone to an adequate standard of living. This includes the right to
adequate food, clothing and housing and to the continuous improvement of living
conditions. According to ICESCR40 State Parties must take more immediate and urgent
steps to realize the fundamental right to freedom from hunger and malnutrition.
During the period under review, prices of basic foods, such as bread, corn flour, cooking
oil, milk, rice and macaroni dramatically soared by at least 40 percent. The spectacular
price increases hit the neediest in society, such as the elderly, PWDs, OVCs and
indigenous minorities the hardest.41
The latest UNDP figures show that 38 percent of the country’s estimated population of 2
million people lives below the poverty line. Based on National Household Income and
Expenditure Survey (NHIES) figures, the poor reside mainly in rural areas where 42
percent of households are considered being poor or severely poor compared to 7 percent
in urban areas.42 The country’s Gini-coefficient, measured at 0.6, is one of the highest
measured in the world.43
This is indicative of the chronic absence of natural justice in the country. According to
NHIES, the wealthiest 2 percent of households account for 15.3 percent of total
consumption in the country, while the poorest 25 percent account for a meager 6.4
percent of such consumption.44Also seventy (70) percent of the country’s total income is
controlled by 5 percent of the country’s population. It is ipso facto proof that the root
causes of human insecurity are not the question of lack of resources, but rather the
inequitable manner in which such resources are distributed among the country’s
38
Article 95 (j) of NC
39
Article 11(1) of ICESCR
40
Article 11 (2) of ICESCR
41
“Rising Costs of Living: Which Way to Go?”, The Namibian online, Friday, June 6 2008
42
“Rising Costs of Living: Which Way to Go?” The Namibian online, Friday, June 6 2008
43
“Milk Price to go up”, New Era online, Friday, June 6 2008
44
“Rising Costs of Living: Which Way to Go?”, The Namibian online, Friday, June 6 2008
21
population. Food security is also proof of an absence of socio-economic and natural
justice. Since there is an inextricable link between the welfare state and democracy, this
problem also signifies the absence of real freedom and democracy in the country.
According to the UN food insecurity has often resulted from poor distribution and on a
lack of income, rather than the overall unavailability of food. This is particularly true in
Namibia.
A combination of natural and man-made factors has led to food increasingly becoming
out of reach for hundreds of thousands of Namibian citizens who are living below the
poverty line. The principal man-made causes of dramatic food price hikes and runaway
inflation rates relate to problems with political governance. These include an
unaccountable ruling elite, excessive and or reckless government spending, corruption,
misguided priorities, absence and or flight of investment and increasing levels of public
debt as well as gross imbalances between supply and demand.
Income poverty exacerbated by high rates of unemployment, insufficient economic

growth and high levels of income inequalities and inequities also constructive to food
security in Namibia. A series of National Development Plans (NDPs) that have been
instituted since Namibian independence to sustain economic growth, reduce inequality,
create employment, eradicate poverty, promote gender equality and equity, reduce
regional inequalities, ensure environmental sustainability, and combat HIV-AIDS, TB
and malaria, have had very little, if any, success.
Adverse climatic conditions, such as flooding and drought have also considerably
contributed to economic insecurity in the country. At a media briefing at State House on
March 4 2008, President Lucas Hifikepunye Pohamba declared the floods in the northern
regions of the country to be “an emergency situation”. President Pohamba appealed for
the international community to step in and render assistance to the country amid fears of
biting food shortages and serious damage to infrastructure.45
45
“Floods a National Disaster: President Sends SOS to International Community”, New Era online, March 5 2008
22
The heavy rains received since early this year have caused water logging and leaching,
which has had negative effects on seed germination and has stunted the growth of main
food crops namely maize and mahangu. At the end of its 40th session on May 16 2008 the
UN Committee on Economic, Social and Cultural Rights (CESCR) expressed extreme
alarm at the rapid worldwide rise in food prices.
CESCR also expressed concern over the soaring energy prices that had precipitated a
global food crisis and were adversely affecting the right to adequate food and freedom
from hunger. It called upon all States to revisit their obligations under UDHR46 and
ICESCR.47 The Committee also urged States to take urgent action to ensure freedom from
hunger through, inter alia, the provision and distribution of emergency humanitarian aid
without discrimination.48
Torrential rains in the usually dry central and northern parts of the country have washed
away roads and bridges, submerged schools and clinics, and claimed more than 40 lives.
The total number of houses destroyed by heavy flooding stood at 2 014 while 4 113
mahangu fields washed away, 33 roads were damaged and 87 schools affected.49
According to President Pohamba, this could be the worst disaster in many years and the
survival of a large percentage of our population could be under serious threat. Crop
assessment experts say widespread crop losses are expected and families that heavily
depend on crop farming are likely to face severe food shortages.
3. RIGHT TO HEALTH SECURITY
The right to health security refers to the minimum protection of citizens from infectious
and parasitic diseases as well as unhealthy lifestyles. In terms of NC50 and ICESCR,51
GoN is duty-bound to respect, protect, and fulfill the right of every citizen to health
security. This includes the right to enjoy the highest attainable standard of physical and
46
Article 25 of UDHR
47
Article 11 of ICESCR
48
“Statement of the Committee on Economic, Social and Cultural Rights on the Food Crisis”, UN Committee on Economic, Social and
Cultural Rights, Geneva, May 16 2008
49
“Cholera-, malaria-gevalle bly styg”, Republikein online, April 21 2008
50
Article 95 of NC
51
Article 12 of ICESCR
23
mental health. MDG 6 makes it imperative for GoN to halve the prevalence of HIV-
AIDS, malaria and other diseases as well as to reverse the spread of these pathologies by
2015. Needless to say, the right of citizens to enjoy the highest attainable standard of
mental and physical health care is indispensable for human survival and a dignified life.
MoHSS annually receives the second largest share of the national budget of N$1.6 billion
or 10 percent after MoE, while about 6 percent of the country's GDP (equivalent to
US$77 per citizen) goes to healthcare. Prima facie, this means that Namibia spends much
more than the US$34 per capita for low- and middle-income countries as recommended
by WHO.
However, despite receiving the second largest budgetary allocation annually, MoHSS
remained unable to meet its health goals because of seemingly insurmountable and
chronic challenges. These include a critical shortage of medical staff, lack of adequate
medical equipment and drugs, electricity blackouts and water shortages and chronic lice,
rodent and cockroach infestation in public health institutions.52
A 2007 survey of public health services showed that there were 248 clinics, 37 health
centers and 47 hospitals, which together provide 80 percent of the Namibian population
with health services in Namibia, as the period under review ended.53Out of the 10 000
health workers in the country, only 3 000 are doctors and nurses, while the remaining 7
000 were employed in the administration of the public health sector. Hence, the bulk of
MoHSS annual budget goes towards administrative costs and this state of affairs has
partly contributed to the existence of a highly skewed health care and social service
system in the country. Of the country’s 1 500 registered doctors, only 261 worked in the
public health sector.54Out of altogether 191 countries surveyed in a WHO global
assessment of health sector inefficiency, which compared spending on health with actual
service delivery, Namibia is ranked number 189.55
52
“Hospital still a rubbish dump”, The Namibian online, Tuesday, October 10 2006
53
“Namibia failing to meet health goals ”, The Namibian online, Tuesday, April 15 2008
54
“Public Health Suffers Massive Brain Drain”, New Era online, Monday, September 15 2008
55
“Namibia failing to meet health goals”, The Namibian online, Tuesday, April 15 2008
24
A massive brain drain also continued to plague the public healthcare system as the period
under review ended. According to Deputy MoHSS State Secretary Dr. Norbert Forster,
“attrition of nurses” has increased in state health facilities, with resignations being most
common. Dr. Forster reportedly also said last September that MoHSS has failed to attract
enough healthcare personnel, including 30 percent vacancies for frontline staff.56
Furthermore, figures for the FY2006-2007 showed MoHSS as having had 51 percent
vacancies for social workers, 48 percent for dentists, 41 percent for pharmacists, 35
percent for doctors, 26 percent for enrolled nurses, and 22 percent for registered nurses.
More than 58 percent of those health workers leaving state health facilities did so in order
to gain access to pension savings and or move to the private sector, while others went
abroad in search for greener pastures.
The underlying barriers contributing to staff leaving state health facilities and to lack of
improvement in the healthcare system’s performance included the absence of clinical
leadership and a lack of financial incentives, such as better salaries.57 As the period being
reviewed ended, several preventable infections and parasitic diseases dramatically
undermined the right of citizens to health security and to the enjoyment of the highest
attainable standard of mental and physical health, including:
3.1. HIV-AIDS
Namibia’s HIV-AIDS infection rate, ranging between 19 and 22 percent of the population
of close to 2 million people, remains one of the highest in the SADC region.58Also, GoN
says that the HIV-AIDS pandemic has been the leading cause of death in the country
since 1997.
Statistics contained in the country’s HIV-AIDS Situation Analysis Survey, which was
released in Windhoek in November 2007, painted a gloomy picture for the country
regarding this pandemic. Figures show that 40 new HIV-AIDS infections occurred daily
while the burden of STIs has risen to 80 000 new cases being reported annually in the
56
57
58
“HIV-AIDS in Namibia: Progress Report 2008”, UNGA Special Seesion 2008
25
country.59During the previous period of reporting, an expert on the pandemic revealed
that HIV-AIDS affected or an estimated 800 000 Namibians.60
As deaths from HIV-AIDS take their toll on the country’s life expectancy ratings,
Namibia remained number 125 in terms of international Human Development Index
(HDI) ranking. This low ranking is ipso facto evidence that the country has failed to make
much progress in terms of HDI since 2004 when it ranked number 126. UNDP Resident
Representative Simon Nhongo has said that the country’s HDI was falling because of the
impact of HIV-AIDS.61
Furthermore, the country is ranked number 154 in terms life expectancy at birth, number
75 in terms of adult literacy and number 120 in terms of combined primary, secondary
and tertiary education as well as number 78 in terms of a GDP per capita of US$7 586. In
addition, Namibia is ranked number 155 out of 173 countries with a close to 36 percent
probability of not surviving past 40 years and number 48 with 13 percent of the people
without access to an improved water source. The country has 24 percent of under-fives
that are underweight. In terms of Human Poverty Index (HPI), Namibia ranks number 58
out of the 108 developing countries assessed worldwide.
Life expectancy is one of the values needed to calculate HDI indicators of a country.
Others include literacy rates, gross school enrolment and per capita income. According to
a background paper contained in the Namibia Human Development Report, which was
released in October last year, Kavango and Ohangwena ranked the lowest in terms of
HDI of the 13 administrative regions. HDI rankings look beyond GDP to a broader
definition of well-being and measure life expectancy, knowledge and income. HPI
measures severe deprivation in health in terms of the proportion of people who are not
expected to survive beyond 40 years, education and a decent standard of living by people
without access to an improved water source as well as the proportion of children under
five who are underweight for their age.
59
“HIV/AIDS Survey Paints Gloomy Picture”, New Era online, November 26 2007
60
“HIV-AIDS”, Namibia Human Rights Report 2007, November 13 2007, p.31
61
“HIV-AIDS weighs Down on Development Index”, New Era online, Friday, November 30 2007
26
According to a paper entitled Trends in Human Development and Human Poverty in
Namibia, it might take the country between 13 and 37 years to reverse life expectancy
levels to what it was in the 1990s. Projections by the United Nations are that life
expectancy in Namibia won’t reach 1990 levels until after 2045.62The paper said
increased mortality associated with AIDS has made this pathology the leading cause of
death in Namibia, thus leading to the sharp fall in life expectancy. Several factors
exacerbated the HIV-AIDS infection rate in the country.
The reluctance by Namibians to change their attitude and behavior towards the HIV-
AIDS pandemic is said to be the biggest obstacle in preventing the rapid spread of HIV
infection in the country. Figures from a survey on the prevalence of HIV-AIDS showed
that only 18 percent of women respondents in the age group 15 to 19 years said that they
were tested for HIV at the New Start Centers, while 81 percent have never ever been
tested. This is compared to only 8 percent of male respondents who went for voluntary
HIV testing, while 91 percent said “no” to having ever been tested for HIV. For the ages
20 to 24 years 60 percent of women were tested for HIV, while 35 percent of the females
said they have never been tested. As for the men, only 28 percent said “yes” they have
been tested while 70 percent said “no”.63
Widespread alcohol and drug abuse that leads to unprotected sex, tradition and some
cultural practices that allow men to have more than two sexual partners, poverty and
stigma and discrimination have also been said to be among the factors fueling the spread
of HIV in the country.
On July 24 2007 GoN finally launched its long-awaited National Policy on HIV-AIDS.
The policy is based on at least four (4) broad strategies: (1) creating and strengthening an
enabling environment for those infected and affected by HIV-AIDS; (2) prevention and
reduction of new infections of HIV and other sexually transmitted diseases; and (3)
increasing access to cost-effective and high-quality treatment care; as well as (4) support
services to people living positively with HIV.
62
“Aids Takes its Toll on Life Expectancy”, New Era online, Wednesday, January 16 2008
63
“HIV/AIDS Survey Paints Gloomy Picture”, New Era online, November 26 2007
27
During the previous period of reporting, HIV-AIDS activist Nelao Martin (25) argued
that an HIV-AIDS National Policy was “meaningless without the involvement of
[PLIHA]”.64Martin expressed concern over the fact that most GoN decisions did not
reflect the realities of what was happening on the ground in respect of PLIHA as many of
them were left out of normal day-to-day activities. “Policy-makers tend to pretend to
know and understand our needs and therefore develop policies without our involvement,
but such policies do not meet our needs and demands” says Martin.
Despite grappling with challenges, Namibia’s health sector supposedly has made
considerable progress towards the attainment of the country’s Vision 2030. In terms of
this Vision the country should be free of disease and should provide both preventive and
curative health services to all by 2030. During a one-day stakeholder consultative meeting
convened in May 2008, MoHSS Minister Dr. Richard Kamwi said the country’s
collective efforts “have resulted in […] significant progress having been made in the
delivery of health services”. Dr. Kamwi singled out the area of HIV-AIDS where the
country was said to be among the top three African nations to reach the three-by-five goal
of making ARV therapy available to at least half of those in need. Dr. Kamwi also said
that between 45 000 and 47 000 PLIHA people were on ARV therapy. Also, Namibia has
prevention from mother-to-child transmission (PMTCT) program since 2006. Out of the
57 720 pregnant women in the country during the period under review, slightly more than
39 000 women attended antenatal clinics countrywide.65
Dr. Kamwi also claimed that “commendable successes” have been made in the areas of
reaching UN MDGs 6, 7 and 8. These included “reducing” the maternity mortality ratio,
halting and reversing the spread of HIV-AIDS, and reversing the incidence of malaria and
other major diseases by 2015.66According to Dr. Kamwi, the country was “still
struggl[ing]” towards the attainment of MDG 4. This UN target deals with the reduction
in diseases, such as diarrhea, which are said to be among the leading killers of children
64
“HIV-AIDS”, Namibia Human Rights Report 2007, Novemner 13 2007, p.31
65
“More People on ARV Therapy”, New Era online, Monday, June 2 2008 and “More People on ARV Therapy”, New Era online,
Monday, June 2 2008
66
“More People on ARV Therapy”, New Era online, Monday, June 2 2008
28
under five. These diseases are linked to the consumption of unclean water and inadequate
sanitation as well as pollution.67
MDG 5 which deals with improved maternal health was said to be another goal that has
proved challenging for the country. MDG 5 also aims at bringing about an end to the
inhalation of polluted indoor air and carrying of heavy loads of water and firewood that
hurt women’s health and make them less fit for child bearing.68Dr. Kamwi also cited a
lack of adequate monitoring data as a factor making it impossible for his ministry to be
correctly assessed and placed accordingly.69 He also said that the health care system was
“stretched beyond its capacity” and that the “critical shortage of health care professionals
also continued to hamper effective health services delivery”. Kamwi appealed for more
funding for the support of other aspects of the health system “not just limited to HIV-
AIDS”.
3.2. TB
Namibia’s ever deteriorating TB infection rate assumed dramatic proportions during the
period under review. As the period under review ended, Namibia remained the world's
second worst affected nation after the Kingdom of Swaziland.70
There were conflicting accounts in health and GoN circles on the country’s TB
notification rate as well as on whether or not Namibia was succeeding in combating the
deadly pathology. The latest statistics on this airborne pathology show the country with a
reported TB prevalence rate of 15 771 cases. This translates into an infection rate of
between 635 and 765 TB cases per 100 000 people. However, according to Rosalia
Indongo, who was MoHSS’ Head of TB Program, 15 241 TB cases have been reported in
the country in 2007.71 Nonetheless, MoHSS State Secretary Kahijoro Kahuure reportedly
67
68
69
70
“TB declared a national health emergency”, The Namibian online, Friday, February 8 2008; “TB declared a health emergency”, New
Era online, Friday, February 8 2008; and “Drug Resistant TB Strain Confirmed”, The Namibian online, Friday, May 16 2008
71
“Killer TB in Namibia”, The Namibian online, Friday, May 16 2008
29
said 15 205 TB cases were reported during 2007.72This amounted to 720 cases for every
100 000 people.
There was also conflicting information on the rate of TB treatment in the country during
the period under review. Kahuure argued that the country was “making good progress
with regard to national tuberculosis control”.73 He said 76 percent of the cases that started
with treatment in 2006 were treated successfully and were “now completely free of the
disease”, while 8 percent had defaulted and 7 percent had died. However, the US Global
Fund to Fight AIDS, TB and Malaria had warned GoN about the “substantially below
average” success rate of TB treatment.74 WHO experts reportedly also said the country
missed the national Directly Observed Treatment Strategy (DOTS) for TB treatment
target by at least 10 percent and could only successfully treat 75 percent of the cases.75
Moreover, on February 6 2008, MoHSS Minister Dr. Richard Kamwi declared TB “a

national health emergency in Namibia”.76Dr. Kamwi said TB co-infection with HIV-
AIDS rendered it “a disease with a burden of high proportions”.77 According to an annual
TB report, some 67 percent of the patients tested positive for HIV in 2006.78 Dr. Kamwi
added that this state of affairs “makes many who are living with HIV vulnerable to TB”.
While official statistics showed the prevalence of TB in persons infected with HIV-AIDS
at 50 to 60 percent during 2005 period of review, the annual report on TB released in
2008 indicates that some 67 percent of the TB patients tested positive for HIV in 2006.79
The administrative regions most affected by TB prevalence were Caprivi, Erongo,
Hardap, Karas and Oshikoto. All of them had TB notification rates of over 1 000 cases for
every 100 000 people.80
Multidrug-resistant TB (MDR-TB) cases have also been on the increase, caused by

inconsistent or partial treatment of ordinary TB. In a ministerial statement in NA intended
72
“Grim statistics on TB Day”, The Namibian online, Friday, March 28 2008
73
74
75
“TB declared a health emergency”, New Era online, Friday, February 8 2008
76
“TB declared a national health emergency”, The Namibian online, Friday, February 8 2008 and “TB declared a health emergency”,
New Era online, Friday, February 8 2008
77
78
“TB threat on rise”, The Namibian online, Friday, March 28 2008
79
“TB threat on rise”, The Namibian online, Friday, March 28 2008 and “TB declared a health emergency”, New Era online, Friday,
February 8 2008
80
Era online, Friday, February 8 2008 and “Drug Resistant TB Strain Confirmed”, The Namibian online, Friday, May 16 2008
30
to coincide with World TB Day, MoHSS Minister Dr. Richard Kamwi told lawmakers on
March 27 2008 that the number of multi-drug-resistant TB cases being treated in Namibia
had also risen to between 24581 and 291.82Dr. Kamwi warned that the increase in the
number of MDR-TB cases were “a clear indication that it is only a matter of time before
we will have extremely drug-resistant tuberculosis (XDR-TB) in Namibia”.83
Not surprisingly, international experts from South Africa and WHO confirmed in a report
released on May 15 2008 that 8 cases of XDR-TB had occurred in the country. XDR-TB
is a severe form of TB and must be treated in a hospital in order to carefully monitor
treatment and ensure that this highly resistant TB strain does not spread to other people.84
MoHSS Minister Dr. Richard Kamwi announced on May 15 2008 during a press
briefing that, of the 291 MDR-TB cases in the country, 8 were found to have progressed
further to XDR-TB. According to Dr. Kamwi, XDR-TB cases are very difficult to cure
and he warned that if not carefully handled, the situation “might go out of hand.”85Yet
Namibia has received a pat on the back from the UN’s HIV-AIDS Program for providing
“extraordinary” HIV treatment and care to patients. According to a global UN report on
HIV treatment, Namibia’s ARV coverage was negligible in 2003 but in 2007 it had
increased to 88 percent of all individuals in need of ARV therapy.86
The vicious cycle of poverty and other diseases prevailing in the country exacerbated the
country’s TB infection rate. According to Dr. Kamwi, it becomes “imperative that every
individual plays an active role in controlling the disease”.87 However, TB is very difficult
to control under circumstances associated with poverty.
According to WHO, the co-infection of TB and HIV-AIDS and the stigma carried by both
were major factors leading to the low success rate of the country’s TB treatment program.
Namibia introduced DOTS in 1996.88Under this strategy a person diagnosed with TB has
to take medication daily for a period of six months.89
81
82
“Drug Resistant TB Strain Confirmed”, The Namibian online ,Friday, May 16 2008
83
84
“Killer TB in Namibia”, The Namibian online, Friday, May 16 2008
85
“Drug Resistant TB Strain Confirmed”, The Namibian online, Friday, May 16 2008
86
“UN applauds Nam for HIV treatment”, The Namibian online, Thursday, June 12 2008
87
88
89
31
In January 2008 MoHSS started a public communication campaign based on WHO’s
COMBI program in an effort to bring down the high numbers of TB infections in the
country. Supported by the US Global Fund, the COMBI program is intended to increase
public awareness using new strategies that will result in a change of behavior to
encourage individuals with possible TB infection to seeking early assistance.90
TB remained the country’s second largest killer pathology in the country as the period
under review ended. However, during 2007 GoN allocated N$1.68 billion to MoHSS with
a huge chunk of this amount directed towards the battle against TB.91Namibia’s
development partners such as USAID have invested much of their resources towards
addressing the TB problem in the country. During the 2007 financial year, USAID
allocated about N$14 million to MoHSS.92
3.3. MALARIA
Listed as the number three killer in the country, malaria has also remained widespread
during the period under review. During the previous period of reporting, MoHSS Minister
Dr. Kamwi warned that the prevalence of the mosquito borne epidemic has reached
unprecedented levels in recent years.93 With around 1 000 deaths recorded in the country
in a year, malaria is also the leading cause of illness and death among children under five.
An estimated 1.5 million people live in malaria-endemic areas and every year an average
of 400 000 outpatients and 30 000 inpatients are treated for malaria.94
On April 13 2008 MoHSS Oshana Director Dr. Naftali Hamata said the number of
malaria cases in the Omusati, Oshana and Ohangwena regions had increased to 2 623.
The worst-hit region was Omusati, with 2 166 malaria cases and 7 deaths, followed by
Oshana with 238 cases and 2 deaths while Ohangwena had 219 cases and 3 deaths.95
According to other reports, confirmed malaria cases have increased in the Ohangwena,
90
91
92
93
“Millions set aside for malaria”, The Namibian online, Wednesday, May 9 2007
94
“Millions set aside for malaria”, The Namibian online, Wednesday, May 9 2007
95
“Cholera cases increase”, The Namibian online, Monday, April 14 2008
32
Oshana, Omusati and Oshikoto regions from 1 905 to 8 841 between April 3 and 16 2008
alone.
Ohangwena and Oshikoto regions were the hardest hit with more than 3 000 cases each
while Oshana and Omusati regions, which had fewer incidents, accounted for most of the
malaria deaths–with 7 deaths each while malaria deaths in Oshikoto and Ohangwena
regions stood at 2 and 3 incidents, respectively.96 According to Dr. Hamata while 5 155
were affected by the water borne disease by April 3 2008 the number increased to 8 620
houses with close to 80 000 occupants by April 21 2008.97Dr. Hamata warned that the
incidence of malaria would become even more serious as flood waters receded and as
mosquitoes bred in stagnant water pools.98
Namibia has seen major achievements in rolling back malaria with a record 181
morbidity and mortality rate compared to the 1 200 target set out in the April 25 2000
Abuja declaration. The declaration commits African countries to reach that target on
malaria prevention and control by 2010.99 As set out in the declaration, African leaders
have only two years to complete the race on rolling back malaria on the continent.
3.4. CHOLERA
The period under review also experienced an unprecedented increase in the number of
suspected cholera cases. The prevalence of this water waterborne disease was especially
severe in the northwestern regions of the country. Unprecedented heavy rains and
flooding as well as poor physical conditions of state facilities such as schools and health
institutions have contributed to the cholera outbreak in the said regions.100A person may
get cholera by drinking water or eating food contaminated with the cholera bacterium.
According to MoHSS figures, the number of suspected cholera cases in the Oshana,
Oshikoto, Ohangwena and Omusati regions rose from 1 120 by April 13 2008 to 1 415
96
97
98
“Cholera cases increase”, The Namibian online, Monday, April 14 2008
99
“Namibia on Course in Malaria Target”, New Era online, May 6 2008
100
“Cholera shuts Kunene school”, The Namibian online, Wednesday, May 14 2008
33
incidents by May 19 2008. The number of people who died from the disease also rose
from 8 to 19101over the same period. The vast majority of the between 1 118 and 1
256102malaria cases were reported in the Ohangwena Region alone. However, only 17
cases have been confirmed as cholera cases following laboratory tests.103 Seven deaths
have been reported. According to a background paper contained in the 2007 UNDP
Namibia Human Development Report (HDR), the Ohangwena Region had one of the
lowest HDI ranking.104
Cholera assumed crisis proportions in the northwestern Kunene Region with 2 236 cases
treated for the disease, 18 deaths and 10 cases confirmed through laboratory tests between
February 2008 and April 2008.105At least one state school had to be shut down for an
indefinite period after two teachers and a learner has contracted cholera.106Although this
Region is said to be one of the least developed in the country with poverty on the
increase, very little is being done to redress the situation.
3.5. CANCER
Various types of cancer and other related illnesses have continued to plague a large
number of people in the country during the period of reporting. However, skin cancer has
remained the most prevalent disease in Namibia, affecting 1 in every 75 people while
40 years ago this pathology plagued only 1 in every 1000 people. Over the past 11 years
skin cancer has increased by 400 percent in both Namibia and South Africa.107
Namibia is one of the countries with the highest rates of skin cancer in the world.108
Ultraviolet rays from the sun caused 90 percent of skin cancer.109Kaposi sarcoma, breast
cancer and prostate tumors are the most prevalent cancerous pathologies in the country
after skin cancer.
101
“Cholera cases increase”, The Namibian online, Monday, April 14 2008 and “Cholera se rug gebreek”, Republikein online,
Monday, May 19 2008
102
“Cholera-, malaria-gevalle bly styg”, Republikein online, April 21 2008 and “Cholera se rug gebreek”, Republikein online, Monday,
May 19 2008
103
“Cholera se rug gebreek”, Republikein online, Monday, May 19 2008
104
“Aids Takes its Toll on Life Expectancy”, New Era online, Wednesday, January 16 2008 and “HIV-AIDS weighs Down on
Development Index”, New Era online, Friday, November 30 2007
105
“Cholera se rug gebreek”, Republikein online, Monday, May 19 2008
106
“Cholera shuts Kunene school”, The Namibian online, Wednesday, May 14 2008
107
“Cancer”, Namibia Human Rights Report 2007, November 13 2007, p.32-33
108
“Skin Cancer Now Rampant in Namibia”, New Era online, September 19 2008
109
“Health System Struggles with Diseases”, New Era online, October 19 2006
34
During the previous period of reporting Namibia Albino Association (NAA) President
Joseph Ndinomupya revealed that skin cancer remained the leading cause of death
among the PLIWA population.110According to NAA, 40 in every 1 000 PLIWA die of
skin cancer every year.111Ndinomupya warned that unless something was done about
the situation “the majority of our people will die”. During the previous period of
reporting, a WHO report showed that over 60 000 deaths worldwide occur annually due
to skin cancer.
4. RIGHT TO ENVIRONMENTAL SECURITY
The right to environmental security aims to protect people from the short- and long-term
ravages of nature as well as from the deterioration of the natural environment. Global
warming, caused by the emission of greenhouse gases was another environmental security
threat as the period under review ended.
In terms of NC112as well as ICESCR,113GoN has the responsibility and duty to promote
and maintain the welfare of the people by inter alia adopting policies aimed at the
maintenance of ecosystems, essential ecological processes and biodiversity of the
country. This includes measures against dumping and processing of uranium and other
toxic waste. MDG 7 calls on GoN to integrate the principles of sustainable human
development into their domestic policies and programs, as well as to reverse the loss of
environmental resources.
The country’s desertification is brought about mostly through deforestation and bush
encroachment, soil erosion, and overgrazing or over-cultivation. Poor and limited GoN
understanding of the interrelationships among desertification, poverty alleviation, land
reform, and sustainable development and the lack of sufficient political will to address
these issues with the necessary vigor has exacerbated the situation further.
110
“Cancer”, Namibia Human Rights Report 2007, November 13 2007, p-33 and and “Skin Cancer Now Rampant in Namibia”, New
Era online, September 19 2008
111
“Cancer”, Namibia Human Rights Report 2007, November 13 2007, p-33 and “Skin Cancer Now Rampant in Namibia”, New Era
online, September 19 2008
112
Articles 95(l) and 91(c) of NC
113
Article 12 (1) (b) of ICESCR
35
At its 58th session last year, the UN General Assembly underlined its concern about the
exacerbation of desertification and the far-reaching implications for the implementation
of the eight MDGs by 2015. Desertification is closely linked to poverty and often results
in out-migration from areas stripped bare and left uncultivable. Hence, GoN failure to
arrest poverty and to create necessary awareness among both public and private entities
concerned with the extraction and utilization of natural resources has also continued to
aggravate the environmental degradation processes. Climatic change, industrial pollution,
intensified uranium mining and deforestation also continued unabated to remain some of
the largest ecological threats in the country as the period under review ended.
Lack of access to clean water resources is one of the greatest environmental threats.
Several GoN officials have continued to accuse the industrial nations in the northern
hemisphere of being solely responsible for climate change. On June 2 2008 Deputy MET
Minister Leon Jooste said Namibia was one of the African countries highly vulnerable to
the impact of climate change. The problem, Jooste said, is exacerbated by factors such as
widespread poverty, recurrent droughts and floods as well as inadequate land distribution.
Jooste also said it was MET’s opinion that climate change should be integrated into
GoN's national planning and development processes.114
Speaking at a symposium on climate change, MET Minister Netumbo Nandi-Ndaitwah

accused developed countries of engaging in unfair, inequitable and unjust practices
towards the African people through greenhouse emissions. Nandi-Ndaitwah said although
climate change is not of African making, the continent bore the brunt of the predicted
consequences of climate change. According to her, many parts of Africa were already
affected by prolonged droughts combined with unexpected floods and other consequences
of climate change. These droughts, Mme Nadi-Ndaitwah said, resulted in considerable
livestock losses and reduced grain production - threatening the livelihoods of rural poor
farmers. These were followed by heavy floods which have caused the loss of many
human lives and damage to infrastructure.
Nandi-Ndaitwah also regretted the fact that although Africa is a net sink of greenhouse
gasses the continent had the least share of Clean Development Mechanism (CDM)
114
“Namibia celebrates enviro day”, The Namibian online, Wednesday, June 4 2008
36
projects. According to Nandi-Ndaitwah, Namibia would like to see those developed
countries that are party to the UNFCC and its Kyoto Protocol to honor their obligations in
order for Africans to adequately prepare to face the impacts of climate change. CDM is
one of three mechanisms of the Kyoto Protocol to UNFCC. Floods that hit the northern
parts of Namibia this year destroyed crops and properties and the harvest is expected to
be poor there.115
5. RIGHT TO ADEQUATE HOUSING & SANITATION
Speaking during a Cabinet retreat at Walvis Bay President Lucas Hifikepunye Pohamba
said the shortage of proper housing and sanitation facilities and the overall lack of
development in rural areas continue to be a source of concern for GoN. The Head of State
noted that the lack of essential facilities and services such as sanitation and housing
hampers the development of rural areas, as professionals shun these areas. Adequate
sanitation is normally considered a pre-requisite for adequate housing.116
More than US$350 million will be needed for Namibia to attain Vision 2030’s long-term
targets for sanitation services and improved water supply. According to 2001 statistics, 78
percent of rural folk still answer to nature’s call in the bush. Only 12 percent have access
to proper toilets, while 10 percent use non-improved facilities. The situation of urban
dwellers looks better with an estimated 70 percent said to have access to adequate
sanitation facilities while 17 percent still use the bush. However, the urban coverage was
decreasing due to growing informal settlements. Regarding water, 98 percent of the urban
population has access to safe water, while in the rural areas the coverage is 80 percent.117
With estimates that 73 percent of the population projected at 2.8 million in 2030 will be
living in urban settlements, more sanitation facilities will be needed to cater for them. The
improvement of water supply will require US$92 million, while sanitation services will
need US$288 million, for the country to attain the long-term goals of Vision 2030,
115
“Climate change is injustice: Environment Minister”, The Namibian online, Wednesday, June 4 2008
116
“Rural Development Lags – President”, New Era online, May 22 2008
117
“Water, Sanitation Policy Reviewed”, New Era online, Friday, 18th of July 2008
37
according to an assessment report compiled for the review for the water supply and
sanitation sector policy. 118
The assessment attributed the poor performance of the sanitation sector to the institutional
fragmentation introduced in the sector, which contradicts the objective and
recommendation of WASSP. The assessment states that if the policy was vigorously
instead of selectively implemented for the past 15 years, the sanitation situation could
have improved, thus reducing health services costs. The policy is being reviewed for a
number of reasons, including being consistent with new developments, poor performance
in the provision of sanitation services and the coverage of rural water supply, which is
more than rural sanitation. The assessment, done by the Desert Research Foundation
Namibia, said low sanitation coverage exists even though Namibia has other options for
dry, eco and wet sanitation.
Water and Forestry Ministry Undersecretary Abraham Nehemia, said use of the bush by
some people compounded efforts to provide clean water. Nehemia said: “If people still
use the bush, it affects the water. We can’t provide clean water”.119
Agriculture, Water and Forestry Minister John Mutorwa said although Namibia could be
applauded for providing improved access to water, the country’s sanitation situation was
not pleasing. Minister Mutorwa noted that the 21 percent of the rural households that
have access to sanitation will neither allow Namibia to attain the UN MDGs by 2015 nor
a healthy environment. Mutorwa also noted that although responsibilities were allocated
to different government institutions, the coverage they attained is still unsatisfactory. He
said a new review policy should be implemented to replace the Water and Sanitation
Policy of 1993, harmonize the policy instruments, clarify roles and responsibilities and
provides ways in which they can effectively be implemented. He also recommended that
appropriate institutional arrangements be put in place for the improvement of the
sanitation sector where progress has been lacking.120
118
119
120
“Water, Sanitation Policy Reviewed”, New Era online, Friday, July 18 2008
38
B. STATE OF CIVIL AND POLITICAL SECURITY
NC is the Supreme Law of Namibia in accordance with which the country must be
governed.121In terms of NC, nobody is above the law.122“All power shall vest in the
people of Namibia, who shall exercise their sovereignty through the democratic
institutions of the State”.123NC also recognizes the fact that the inherent dignity and the
equal and inalienable rights of every resident “are most effectively maintained and
protected in a democratic society operating under a sovereign constitution and an
independent judiciary and in which the executive branch is accountable to the legislative
branch of government.124
NC also recognizes the fact that the inherent dignity and the equal and inalienable rights
of every resident is sine qua non for freedom, justice and peace.125The reason for
existence of the Republic of Namibia is to secure to “all our citizens justice, liberty,
equality and fraternity”126while the country is defined as inter alia “a State founded upon
the principles of democracy, the rule of law and justice for all”.127
Furthermore, Namibia has ratified most international human rights treaties on civil and
political rights. These treaties also oblige GoN to adopt legislative, judicial,
administrative and other measures to give effect thereto. Some of these treaties are
bilateral128and or multilateral129cooperation partnerships on international development
assistance and also prioritize inter alia democracy, the rule of law, good governance and
respect for internationally recognized human rights and fundamental freedoms for both
individuals and communities.
121
paragraph 6, Preamble and Article 1(6), read with Articles 30, 32(1), 38, 55 and 71 of NC as well as Schedules 1 and 2 of NC
122
Article 10 of NC
123
Article 1(2) of NC
124
paragraph 3, Preamble to NC
125
paragraph 1, Preamble of NC
126
paragraph 5(5), Preamble of NC
127
Article 1(1), Constitution of NC
128
“Human rights, democracy, indigenous people and democracy”, Annex 13: Policy Coherence for Development-More Detailed
Considerations”, Republic of Namibia-European Community: Country Strategy Paper on National Indicative Programme for the
period 2008-2013, p.39
129
“Africa-EU Partnership on Democracy and Human Rights”, Communication to the Council and the European Parliament: One year
after Lisbon: The Africa-EU partnership at work”, Brussels 17.10.2008, p.4
39
Nonetheless, despite all the abovementioned legal requirements, the deterioration in the
country’s overall civil and political rights situation intensified even further as the period
under reporting ended. This deterioration resulted from several socio-political and
cultural factors and manifested itself in terms of serious deficiencies in the following
areas of the right to human security:
1. RIGHT TO PERSONAL SECURITY
The right to personal security refers to the protection of individual people from physical
violence whether from State violence (i.e. official physical violence) or from violent
individual citizens (i.e. unofficial physical violence).
One of the greatest threats to the right to personal security is non-politically motivated
physical violence and other related factors associated with lack of freedom from want,
such as crime and societal discrimination. According to WHO, physical violence means
“the intentional use of physical force or power, threatened or actual, against oneself,
another person, or against a group or community that either results in or has a high
likelihood of resulting in injury, death, psychological harm, mal-development or
deprivation”.130
NSHR identifies several root causes and exacerbating factors of physical violence: viz.
discrimination based on socio-cultural practices and socio-economic factors and the
media as well as reverence of persons who have achieved public prominence on account
of their violent deeds. During the period under review the overwhelming majority of the
threats to the right to personal security came from unofficial physical violence, including:
1.1. CRIME
Crime is probably the most prevalent form of unofficial violence as well as the greatest
threat to personal security in the country. Like most other socio-economic and socio-
political afflictions in the country, crime has increased during the period under review.
130
“Landscapes of violence”, Sister Namibia Magazine, March 2008, p.16-17
40
Available official statistics show that the country’s crime rate has increased by some 4
percent, from some 84 730 criminal incidents reported to the Police during 2006 to nearly
87 730 during 2007.131In terms of human security impact, 73 364 people were victims of
crime during 2007 as compared to the 75 364 incidents that were reported during 2006.
As the period under review ended, crime manifested itself through the following forms:
1.1.1. MURDER
Murder and inchoate murder remained some of the most prevalent forms of crime
threatening the right to personal security of individuals as the period under review ended.
With regard to serious crime, 13 337 incidents were reported to the Police during 2007 as
compared to the 12 725 reported during 2006.132This represents a surge in the serious
crime rate of some 5 percent or 612 incidents. According to Police statistics, numerous
murder incidents have also been reported over the same period.133Of the total of 4 604
cases of pointing firearms at people, 660 and 2 649 were murders and attempted murders
with a firearm, respectively.134The crime of murder manifested itself in the following
forms, including:
1.1.1.1. MURDER PER SE
Police statistics showed that 660 murders and close to 2 650 incidents of attempted
murder have been reported during the period under review.135
1.1.1.2. ABORTION
Hundreds of abortion cases are reported every year in the country. Statistics also show
that most of the reported cases of abortion occur in urban centers and are perpetrated by
teenagers. During the period under review, abortion manifestations included mothers
131
“Misdaad neem toe, maar meer oortreders word aangekeer”, Republikein online, April 18 2008
132
133
134
135
41
dumping their offspring in bushes, toilets, dustbins and plastic bags at other people’s
doors.136
Factors contributing to abortion include socio-economic problems. According to a retired

psychologist, many teenagers believe pregnancy decreases their enjoyment of life, while
others fear the stigma in their homes and society, hence the abortion. According to
psychologists, women who have been abandoned by a boyfriend or family are in most
cases perpetrators of abortion.137
1.1.1.3. INFANTICIDE
Like abortion, the scourge of infanticide also remained a matter of serious concern during
the period under reporting. Although official statistics were not available, infanticide
remains a grave and worrisome social phenomenon, drawing nationwide condemnation.
The overwhelming majority of the babies being dumped are girls, victims of traditional
ideas that value men and disparage women. The principal perpetrators of baby dumping
and infanticide are teenagers who are not prepared for motherhood.
1.1.1.4. BABY DUMPING
Like infanticide, baby dumping has also been on the increase in the country. Unwanted
pregnancies, which ultimately lead to abortion and infanticide, are also the major causes
of baby dumping. Statistics also show that most baby dumping cases occur in urban
centers. Like in infanticide and abortion cases, baby dumping manifested itself through
mothers dumping their offspring in toilets, dustbins and plastic bags or dumping them at
other people’s doors.
The root causes and exacerbating factors for baby dumping include social problems--such
as absence of safe sex and or lack of use of condoms as contraceptives to avoid unwanted
pregnancies, stigma and or the fear of peers or parents on the part of child-mothers, early
pregnancies, rejection by male partners claimed to have fathered the children and or
136
“‘I Thought of Nothing But to Dump the Baby’”, New Era online, May 27 2008
137
“‘I Thought of Nothing But to Dump the Baby’”, New Era online, May 27 2008
42
broken marriages, irresponsible behavior by teenagers, the illegality of abortion, women
abandonment by boyfriends or by relatives, babies born with deformities, physical or
psychological instability or depression on the part of mothers, mother having developed
sickness such as mental confusion and or epilepsy acquired during pregnancy, poverty
and or unemployment and urbanization---have all contributed to the scourge of baby
dumping.138
1.1.2. ARMED ROBBERY
Armed robbery has also remained a major threat to personal security. Police statistics
showed that 4 000 armed robberies have occurred while some 4 600 cases of pointing
firearms at people, 660 murders and close to 2 650 incidents of attempted murder with a
firearm were reported in the country during 2007. Other figures showed that altogether
463 cases of armed robbery were reported over the same period, representing a surge
from 383 incidents or 17.3 percent as compared to the 2006 incidents.139
This type of crime has been aggravated by the uncontrolled spread of firearms in the
country. According to Police statistics, there were just over 121 000 licensed firearms in
Namibia as the period under review ended. Close to 1 600 thefts of firearms and 22
attempted thefts of firearms have also been recorded by Police over the same period.140
Slightly more than 2 060 cases of unauthorized possession of firearms and ammunition
were also reported to the Police between April 1998 and July 2008.
1.1.3. SUICIDE
The country’s suicide rate also continued to increase during the period under review, with
“worrisome” statistics having been recorded. UNAM Clinical Psychologist Dr. Shaun
Whittaker said the country’s suicide rate has reached crisis proportions as more and more
young people were committing suicide. Although more women than men attempted to
commit suicide, young males between the ages of 20 and 29 years accounted for the
138
“‘I Thought of Nothing But to Dump the Baby’, New Era online, May 27 2008
139
140
“Government nervous about gun ownership”, The Namibian online, Friday, September 19 2008
43
majority of those who had used more effective methods of suicide, such as hanging or
shooting.141
According to Dr. Whittaker, the socio-economic situation in the country accounted for the
increase in the suicide rate. Unemployment and alcohol abuse are cited as reasons for
most suicide cases in the country. In addition to unemployment, poverty and alcohol
abuse as well as other factors, such as serious illness, relocation, divorce, as well as loss
of a family member or a boyfriend or girlfriend through death or family disruptions were
also cited among the other major causes for suicide.142
Other health and related experts were also unanimous about the root causes and
exacerbating factors for the country’s high suicide rate. MoHSS Minister Dr. Richard
Kamwi revealed during the previous period under review that at least 80 percent of
suicides committed in the country directly resulted mainly from, inter alia depression
accentuated by socio-economic difficulties, such as family violence and unfulfilled
expectations as well as unemployment, poverty and workplace-related problems.143
During the previous period of reporting, MoHSS psychiatric expert Dr. Ndahambelela
Mthoko also attributed the country’s soaring suicide rate to mental disturbances.144
Dr. Whittaker said that it was important to educate the nation about the early warning
signs in order to save lives while during the previous period of reporting, MoHSS
Minister Dr. Kamwi noted that combating the suicide rate was an urgent public health
issue in the country.145
1.1.4. RAPE
International law holds States responsible for rape crimes when they fail to provide an
adequate remedy at the national level. Like torture, rape is used for such purposes as
intimidation, degradation, humiliation, discrimination, punishment, control, or destruction
of a person. As the previous period of reporting ended, the crime of rape continued to be
141
142
143
“Suicide Rate”, Namibia Human Rights Report 2007, p.22-23
144
145
44
committed on a large scale countrywide. Nearly 1 200 rapes and attempted rapes were
reported in the country during 2005 alone. A UN study on crime ranks Namibia as having
the third highest rape rate out of the 53 countries surveyed.146
Speaking during a GBV conference held in Windhoek on June 17 2007, LAC Director
Norman Tjombe revealed that 60 out of every 100 000 persons are raped every year in the
country.147However, according to LAC, 4 out of 5 suspects of rape or inchoate rape are
never held accountable for their crimes.148Raping children is said to be particularly
widespread in the country. Nampol’s Crime Prevention Unit’s statistics reveal that rape
among female juveniles was higher in comparison to adult females. Of the 953 cases of
rape reported in 2006, 349 victims were female juveniles and 38 were male juveniles.149
Rape also continued to take place on a large scale during the period under reporting, with
almost 1 000 rape incidents reported.150According to female NamPol Commissioner
Trephine Kamati, a total of 948 rape cases have been reported to the Police during 2007.
This is compared to the 956 cases that were reported during 2006. Commissioner Kamati
expressed concern that many other cases went unreported because the victims felt shame
or feared stigmatization, while the fact that many complainants withdrew charges against
offenders because of pressure from boyfriends, husbands and family members resulted in
many perpetrators not being prosecuted in courts of law.151
1.1.5. DOMESTIC VIOLENCE
Domestic violence also continued to increase during the period under review. Although
there were no reliable official statistics on the situation, there was unanimous agreement
among stakeholders that domestic violence alarmingly increased as the period under
review ended. Addressing a workshop at Oshakati on February 29 2008, female NamPol
Commissioner Trephine Kamati said domestic violence was “the order of the day in
146
“Rape in Namibia: An Assessment of the Operation of the Combating of Rape Act 8 of 2000”, Report, LAC, Windhoek, Namibia
2006
147
“Violence Conference Begins Huge Task”, New Era online, June 20 2007
148
“Rape in Namibia: An Assessment of the Operation of the Combating of Rape Act 8 of 2000”, Report, LAC, Windhoek, Namibia,
2006
149
“‘Save Children from Abuse’”, New Era online, July 28 2007
150
“Almost 1 000 rapes a year reported”, The Namibian online, Wednesday, March 5 2008
151
“Almost 1 000 rapes a year reported”, The Namibian online, Wednesday, March 5 2008
45
Namibia”. Addressing the same meeting, UNICEF Country Representative Mandhavi
Ashok singled out men as the perpetrators of domestic violence and urged them to refrain
from violating women and children's rights.152According to NamPol more than 12 000
cases of gender-based domestic violence were reported in 2007 alone. The 2006-2007
Demographic Health Survey shows that 41 percent of the Namibian male respondents
believe wife beating is justified while more than a third of the women interviewees
agreed”.153
Domestic violence manifested itself in various forms ranging from sexual harassment to
stabbing and shooting as well as emotional abuse, economic deprivation, abusing
children, threats, using patriarchy and or other male privilege, isolation, and a variety of
other behaviors used to instill and maintain fear, intimidation, and control.154
Violence against women formed the largest proportion of domestic violence. During the
previous period under review, a consistent pattern has emerged regarding the factors
that often triggered violent responses in male-female relationships in the country. These
factors were listed as including a wife not obeying her husband or talking back to her
husband, a wife refusing her husband sex, not having food ready on time, or failing to
care for the children or home. Often violence also erupted if a wife or girlfriend
confronted her husband or male partner regarding his other girlfriends or when a
girlfriend went somewhere without her male partner’s permission.155
1.1.6. SOCIETAL VIOLENCE
Some forms of violence appear to stem from the country’s violent pre-independence
history. According to Dr. Shaun Whittaker, 24 percent of those committing suicide were
former political detainees while former soldiers accounted for 18 percent of all suicide
incidents. NSHR believes that certain socio-political factors relating to the right to
political security have greatly contributed to the prevalence of suicide in certain areas of
the country than in others. For example, the suicide rate is highest in the former
152
“Almost 1 000 rape a year reported”, The Namibian online, Wednesday, March 5 2008
153
Internal monitoring reports, NSHR, December 1 2007 and “Violence Against Women Still Rife”, New Era online, December 3 2008
154
“Domestic Violence – You Can Survive!”, New Era online, May 14 2008
155
“SADC Grapples with Gender-Based Violence” New Era online, June 26 2007
46
Ovamboland where the right to political security is also highly lacking. Suggestions that
HIV-AIDS infection might be the largest contributor to suicide are not supported by
empirical facts, as the rate of suicide is lower in, for example, the Caprivi Region, where
the HIV-AIDS infection rate is said to be 43 percent, which is higher than in the former
Ovamboland.
Dr. Whittaker also noted that while HIV-AIDS-related suicide cases have decreased due
to the introduction of anti-retroviral drugs, suicide cases among soldiers and ex-detainees
remained constant. This is caused by the fact that not much attention was given to the
psychological healing or the reintegration of ex-fighters into society after the war of
liberation.156Chronic physical illness, such as cancer or HIV-AIDS has resulted in 27
percent of sufferers committing suicide.
1.1.7. HUMAN TRAFFICKING
Human trafficking refers to the recruitment, transport, transfer, harboring, or receipt of

persons for exploitation for personal financial gain. Human trafficking is a multi-faceted
phenomenon incorporating crimes as diverse as recruitment and trafficking for forced
labor into the agriculture sector or manufacturing industries for mercenary (military and
private security) operations, for trafficking in human organs and for sexual services. This
form of crime includes the giving or receiving of payments or benefits to achieve the
consent of a person having control over another person. It involves slavery, forced labor
and servitude or the exploitation of the prostitution of others, other forms of sexual
exploitation and removal of organs.157
The magnitude of Namibia’s human trafficking crime is unknown because the country
has not been ranked due to the lack of sufficient information on this area of crime.
However, Namibia is among several SADC countries suspected of having a serious
human trafficking problem. According to a US State Department report released on June
4 2008, prostitution accounted for the largest percentage of child trafficking victims in
156
157
Article 3, paragraph (a) of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children,
which supplements the United Nations Convention against Transnational Organized Crime
47
Namibia and forced labor as well as sex trade and covered Namibia as a “special case” for
the first time.158
There is a widespread concern in human rights and Police circles that Namibia is both a
source and destination for child trafficking. As the period under review ended, there was
evidence that large numbers of Namibian children have been trafficked within the country
for inter alia domestic servitude, forced agricultural labor and cattle herding as well as
street vending. There were also reports of Zambian and Angolan children being trafficked
to Namibia for inter alia domestic servitude.
In September 2008 Zambian researcher Merab Kambamu Kiremire presented a paper

concluding that trafficking of women and children from neighboring countries into the
South African sex trade will increase in the run-up to the 2010 Soccer World Cup in
South Africa. While the paper did not specifically make reference to Namibia, evidence
from across the SADC region points to increasing numbers of young women and children
disappearing into the clutches of criminal gangs, only to surface in brothels and "massage
parlors" in major South African cities.
In a paper entitled On the blocks: Human Trafficking for prostitution for the Soccer
World Cup 2010, Kiremire said trafficking into the South African sex trade has been
flourishing for several years ahead of the World Cup with cross-border criminal gangs
preparing to cash in on the expected sex-tourism boom around the time of the said
games.159Speaking at the opening of the Working Group Meeting on Trafficking in
Human Beings held in Windhoek on September 22 2008, Deputy NamPol Inspector-
General Major-General James Tjivikua also expressed concern that human trafficking has
become a major concern in the SADC region.160NSHR is concerned that a large number
of males are being trafficked for cheap labor as mercenaries and private security work in
war-torn areas of the world such as Iraq and Afghanistan.161
158
“Trafficking in Persons: Report 2008 Narrative on Namibia: Namibia Case”, US Embassy News,
http://windhoek.usembassy.gov/june_4_2008.html and “Concerns about child slavery in Namibia”, The Namibian online, Friday, June
6 2008
159
“Human trafficking and prostitution to surge in build-up to 2010 World Cup”, The Namibian online, Tuesday, September 2 2008
160
“Human trafficking a headache for Police, New Era online, September 24 2008
161
“Private Security Contractors Look To Africa For Recruits”, Christian Science Monitor, January 8 2008 and “NAMIBIA-SOUTH
AFRICA: Private security firms look to Africa for recruits”, IRINnews online, March 17 2008 and “Third World export: security
guards”, Wednesday, March 26 2008, http:// marketplace.publicradio.org/ display/web/2008/03 /26/namibia/
48
Namibia's Prevention of Organized Crime Act 2004 criminalizes trafficking and
prescribes up to 50 years in prison for those convicted. Existing legislation also prohibits
child labor, child prostitution, pimping and kidnapping and can also be used to prosecute
a case of human trafficking. However, Major-General Tjivikua lamented the fact that
fragmented legislation “presently being utilized in the countries of the region is firstly
antiquated, having been promulgated before this new phenomenon, and, secondly, the
sentences are ridiculously low for such crimes widely viewed as modern day slavery”.162
Twelve SADC countries, excluding Namibia, have so far ratified the UN Protocol to
Prevent, Suppress and Punish Trafficking in Persons adopted at Palermo, Italy, in 2000.
Also known as the Palermo Protocol, the treaty requires State Parties thereto combat
human trafficking and assist victims of this crime.163However, only one SADC country,
Mozambique, has incorporated the UN Protocol into its domestic legislation.
2. RIGHT TO POLITICAL SECURITY
The right to political security refers to a situation whereby individual citizens and or their
organizations freely enjoy basic civil and political rights as guaranteed under international
human rights instruments.
In order for the right to political security to prosper, first democracy must be consolidated
inter alia through the promotion of pluralism, the promotion and protection of basic
human rights and fundamental freedoms and maximization of citizen participation in
decision-making processes. Competent public institutions, such as an independent
judiciary, an effective and representative legislature an accountable civil service as well
as an independent, impartial and equitable electoral system are also vital for the
protection of the right to political security.
The enjoyment of the right to political security is also dependent on the active exercise by
the citizenry of the right to freedoms of thought, conscience, belief, peaceful assembly
and association as well as freedom of expression and opinion. The right to political
162
“Human trafficking a Headache for Police”, New Era online, September 24 2008
163
“Human trafficking a headache for Police”, New Era online, September 24 2008
49
security is also pegged on the existence of free, independent and pluralistic media.
Equally, the rights of persons belonging to national, ethnic, religious or linguistic
minorities must be guaranteed. This includes the right to freely express, preserve and
develop their identity without any discrimination and in full equality before the law.
Threats to political security are mainly associated with serious deficiencies in the domain
of freedom from fear. One of the gravest threats to the right to political security has been
general public ignorance of this right. The other greatest threat to the right to political
security for both individuals and communities has been discrimination based on race,
color, language, religion, political or other opinion or national origin or social status.
Hence, more often than not, politically motivated human rights violations stem from
treating certain individuals or communities as if they were less human and undeserving of
respect and dignity, and or as if they were second class or even third class citizens.
Since Namibian independence, politically motivated human rights violations have been
stemming from a political environment manifesting itself through inter alia the following
interdependent, interrelated, interconnected and mutually reinforcing root causes and
proximate factors:
2.1. FALTERING DEMOCRATIZATION PROCESS
Democratization is defined as transition from an autocratic, totalitarian, authoritarian or a

semi-authoritarian political system to one that is democratic.164On the other hand,
democracy is a form of political environment under which the sovereign power to make
and or amend the laws as well as institute structures of government ultimately rests with
the citizenry.165Factors inhibiting the effective democratization process are numerous,
ranging from socio-economic and socio-cultural to socio-political processes. There is
consensus that democracy is greatly enhanced in a socio-economic, socio-cultural and
socio-political environment characterized by freedom from fear.
164
http://www.nationmaster.com/encyclopedia/Democratic-transition
165
http://www.nationmaster.com/encyclopedia/Democratic-transition
50
Political transition from apartheid South African rule to Namibian independence on
March 21 1990 has led to the emergence of an authoritarian and a one dominant Swapo
Party rule. Nearly 19 years after independence, transition from apartheid rule has so far
failed to marshal in a genuine democratic dispensation in which the enjoyment of the
right to political security is possible. This failure is inherent in the “Nujoma factor” and is
recognizable by inter alia the following interconnected and interrelated manifestations:
2.1.1. Autocracy and Totalitarianism
Autocracy refers to an exclusionist government in which one person has uncontrolled or

unlimited authority over others.166Totalitarian rule is a political system where the state
regulates nearly every aspect of public and private life. Totalitarian regimes or
movements maintain themselves in power by all means. Normally, this is accomplished
by means of an official all-embracing ideology and propaganda as well as through a
single party that controls the state, personality cults, control and restriction of free speech
and dissension. More often than not, this propaganda is disseminated through state-
controlled mass media.
In line with the above definition, Namibia’s brand of totalitarianism has been manifesting
itself through, among other things, a highly exclusive centralized and personalized power
structure, intolerance of opposition and repression of dissension as well as rapacious
exercise of power. Under Nujoma, Namibia has emerged as one of the closest allies of
Zimbabwe's ZANU-PF. Nujoma's close personal links to Zimbabwean dictator Robert
Mugabe are a clear testimony that, indeed, birds of the same feather flock together.
During his direct rule of 15 of years Nujoma never missed an opportunity to display his
unconditional affinity and loyalty to Mugabe. On July 1 2006 Nujoma used a political
rally of his Swapo Party held in his stronghold of Omusati Region to reiterate his
unconditional support for Mugabe, inter alia saying: “You touch Zimbabwe, you touch
Swapo”.
166
http://en.wikipedia.org/wiki/Autocracy
51
Even after his official “retirement” from active politics in 2005, Nujoma remained
actively involved in both domestic and foreign policy matters and has been influential in
terms of Namibia's policy to Zimbabwe.
Authoritarian tendencies have been manifesting themselves in Namibia since

Independence and heavy-handed efforts to silence those challenging the hegemonic
political power of the ruling Swapo Party have remained abound. High-ranking Swapo
Party political office-bearers continued to engage in name-calling and have often resorted
to using heavy-handed tactics as well as vicious attacks on the personal integrity of
anyone who dares to raise views unpopular in the eyes of the Swapo Party functionaries.
Hence, during both the previous and present periods under review, several prominent
Namibians have expressed deep concern about Namibia’s brand of autocracy and the
arrogance of power:
For example, on October 9 2008 ECN Director of Elections Phillemon Kanime resigned
with “immediate effect” from the Swapo Party citing inter alia an ”institutionalized
campaign of witch-hunting in the ruling party” and a ‘command-and-obey’ culture and
fear-inspired lack of open debate as well as the lack of inspiring political ideals” as the
main reasons for his resignation.167
On March 11 2008 former Swapo Party MP Jeremiah Nambinga said his former party had
“changed from a democratic party to an autocratic one where decisions were manipulated
and things happened behind closed doors”.168
On January 26 2008 political activist and NDMC Secretary General Joseph Kauandenge
noted that the intolerant and undemocratic Swapo Party utterances against the new
Opposition RDP party bordered on autocracy and totalitarianism.169
Henning Melber also noted that “authoritarian tendencies” have been manifesting
themselves through the Swapo Party rhetoric since Independence. According to Dr.
167
Internal monitoring reports, NSHR, October 9 2008
168
Internal monitoring reports, NSHR, March 11 2008
169
Internal monitoring reports, NSHR, January 26 2008 and “NDMC warns Swapo”, The Namibian online, Monday, January 28 2008
52
Melber, these tendencies are calculated to silence criticism and suppress any meaningful
opposition in the country. Swapo Party leaders, he said, continued to respond to criticism
through using heavy handed and at times vicious physical attacks against those expressing
views unpopular in eyes of the ruling elite.170
On November 8 2007 Hidipo Hamutenya (HH) resigned from both the ruling Swapo
Party and Parliament citing inter alia autocracy as the reason for doing so. HH told media
representatives at a Windhoek hotel that the Swapo Party had stagnated and new ideas
and debates were being stifled, forcing him to move on after being part of the party for 45
years. He laid the blame for autocracy and stagnation squarely at the feet of Nujoma. HH
likened the Swapo Party to “structures of clones and sycophants” where progress was
impossible.171
Addressing a workshop on poverty and the mission of the church in Africa in Tanzania in
2006, ELCRN Bishop Zephaniah Kameeta called upon the redefinition of leadership and
warned that dictatorship and corruption were not the only problems on the continent - so
were leaders who were far away from the people. Bishop Kameeta said nowadays’ church
and political leaders were more concerned with personal ambitions and positions rather
than serving the masses and appealed for the redefinition of leadership.172He called for a
new generation of church and political leaders who are people-centered and not
personality centered as well as the leaderships that are concerned about issues at hand
instead of positions and hierarchies.173
On December 13 2005 a defiant former MTI Trade Minister Jesaya Nyamu warned that a
dark cloud hanged over the Swapo Party under Nujoma’s “dictatorship” and “totalitarian”
rule characterized by inter alia the suppression of divergent views as well as dirty tricks
and character assassinations.174
170
171
Internal monitoring reports, NSHR, November 8 2007 and “Hidipo quits Swapo”, The Namibian online, Friday, November 9 2007
172
“Redefine Leadership: Bishop Kameeta”, The Namibian online, Thursday, October 5 2006
173
174
Internal monitoring reports, NSHR, December 13 2005 and “Nujoma destroying Swapo, says a fired-up Nyamu”, The Namibian
online, Wednesday, December 14 2005
53
Similarly, on January 6 2005 UDF leader Justus //Garoeb also warned that Namibia was
heading towards a one-party state, with the ruling party witch-hunting its own leaders
who dare to differ with the rest of the leadership.175
2.1.2. Personalized Rule
Personalized rule refers to a socio-political system operating outside the rule of law and
the norms of formal state sovereignty. The country's ruler increasingly exercises his or her
authority through control over virtually every aspect of the country’s public life and
consolidates power via patronage as well as monopolization of State resources for
personal political gain. Very few seasoned, if any, political analysts dispute the fact that
Nujoma’s legacy of nearly 49 years has been characterized by personalized and
exclusionist rule.
2.1.3. Personality Cult Politics and Idolatry
A cult of personality refers to a leader who uses the mass media and other means to create
a heroic public image of himself or herself through hero or heroine worshipping,
unquestioning flattery and praise. On the other hand, idolatry or idolization is usually
defined as worship of a person or any cult image, idea, or object as opposed to the
worshipping of a monotheistic God.176Personality cults and idolization are often
associated with dictatorship or autocracy.
Nujoma’s dictatorial and exclusionist legacy of some 49 years is deeply rooted in the cult
of personality of the former President. Nujoma’s cult of personality becomes even more
pronounced through inter alia his autobiography Where Others Wavered and a costly
propaganda film which feature Nujoma’s “‘heroic’ struggle, his liberation of Namibia
from colonial rule”.177
175
Internal monitoring reports, NSHR, January 6 2005 and “UDF slams ECN, Swapo 'witch-hunt'”, The Namibian online, January 7
2005
176
http://en.wikipedia.org/wiki/Idolatry
177
“Wavered arrives, the struggle continues”, Readers Letters, The Namibibian online, Friday, March 14 2008
54
In a style reminiscent of most world despots, Nujoma has been heaped with accolades. He
has been declared the “Founding Father of the Namibian Nation” (compare with “Père-
Fondateur de la Nation” for the late General Mobutu Sese Seko of Zaire), “Founding
President of the Republic of Namibia” (compare with “Président-Fandateur de la
République du Zaire” for President Mobutu) and “Leader of the Namibian Revolution”
(compare with “Le Guide Suprême de la Révolution” for the late General Mobutu).
Several incidents point to the idolization of former President Nujoma:
On September 24 2008 Gender Equality and Child Welfare Minister Marlene Mungunda
labeled NSHR “saboteurs” and party to “unholy alliances” against the ruling Swapo
Party. Speaking in her capacity as SPWC assistant information and mobilization secretary
and singing songs of praises and other forms of idolization for former Namibian President
Sam Nujoma, Mme Mungunda said at an unorthodox press conference that the Swapo
Party “is the people and the people are Swapo” and anyone with a different opinion runs
the risk of being labeled as saboteur or being party to ‘unholy alliances’.178
In a apparent reference to the idolization of Nujoma, DPN interim President Salomon

Dawid Isaacks on August 9 2008 accused the “Swapo-led Government” of having failed
to honor NC by amending the supreme law of the land “to serve the interests of one
individual”.179
Writing in New Era on March 13 2008 Swapo Party activist Willy Mary Amutenya
explained that, to him and many Swapo Party members “Cde Nujoma is like a prophet
given to us by God to lead us to freedom and independence. Nobody can take away that
history and we will defend him. Come what may, he is our hero”.180A cult of personality
and idolization of Nujoma prompted some Namibians to express deep concern about the
situation:
On February 9 2007 two prominent Swapo Party leaders accused “the power-that-be”
within that party of being behind intra-party witch-hunts, victimization, exclusion and
178
Internal monitoring reports, NSHR, September 24 2008 and “Swapo labels RDP, NSHR 'unholy alliance'”, The
Naminian online, Thursday, September 25 2008
179
“DPN holds first meeting”, The Namibian online, Monday, August 11 2008
180
“NSHR and politics – A public nuisance”, New Era online, March 13 2008
55
ostracism of some leaders as well as members who dare to question Nujoma’s growing
cult of personality.181
Speaking at a consultative meeting on poverty in Tanzania on March 24 2006 ELCRN

Bishop Zephaniah Kameeta expressed concern that too many leaders were idolized while
the truth was withheld from the people.182Bishop Kameeta remarked that there was a
“grave misunderstanding” that once elected, political leaders changed from human beings
into super humans. This self-acclaimed divinity, Dr. Kameeta warned, did not benefit
anyone but only led to the discredit and downfall of such leaders. Great leaders, he said,
were those who did not change their attitudes towards others once elected. Dr. Kameeta
also warned idolization of political leaders and that idolatry and blind loyalty are “an
abomination” and “a fertile breeding ground for autocracy”.183Said Bishop Kameeta:
“Blind loyalty and divine worship of elected leaders have no place in a
democracy”.184Although Kameeta did not mention Nujoma by name, it was above board
that the high priest was referring to, among others, former Namibian President Nujoma.
In an editorial article on February 24 2006, The Namibian deplored the fact that the
Nujoma idolization movie Where Others Wavered has already “cost the country in excess
of N$65 million and seen against the background of other burning priorities in Namibia
and that the movie would seem to be a further drain on valuable resources”.185
Opposing a proposed law to confer the title of “Founding Father of the Namibian Nation”
upon Nujoma and labeling it “divisive, undemocratic and unfair”, senior CoD MPs also
argued on November 22 2005 that they were wary of heralding one man at the cost of
many others who had taken part in the struggle for the country’s liberation.
Speaking in the NA, CoD Vice President Nora Schimming-Chase warned: “We must be
careful in heaping accolades on individuals whilst the majority is forgotten”. Schimming-
181
Internal monitoring reports, NSHR, March 24 2006 and “Swapo being torn apart by 'witch-hunts, victimization, vilification'”, The
Namibian online, Friday, February 9 2007
182
183
Internal monitoring reports, NSHR, March 24 2006 and “Don't idolise leaders, Bishop Kameeta warns”, The Namibian online,
Monday, March 27 2006
184
Internal monitoring reports, NSHR, March 24 2006 and “Don't idolize leaders, Bishop Kameeta warns”, The Namibian online,
Monday, March 27 2006
185
“Editorial: Nujoma Film To Cost Much More”, The Namibian online, Friday, February 24 2006
56
Chase also pointed out that the country had already honored Nujoma in countless ways.
This, she said, includes electing Nujoma as the first President of the country, affording
him a third term in office, awarding him a generous pension package and spending
millions on making a film about him as well as naming streets, stadiums and other public
places after him. She also noted that after his retirement, Nujoma remained UNAM
Chancellor and carried the title of Founding President of Namibia.186
Similarly, on November 15 2005 Oshikoto resident S Eino lamented the fact that Cabinet
was spending “too much” of the State’s scarce resources and precious time on Nujoma at
the expense of the public interest. In an attempt to substantiate his point, Eino also listed
several incidents, such as the Nujoma-specific amendment of NC to enable him to remain
Namibian President for a third term and an exorbitant “retirement” package as well as a
money-draining propaganda film, 'Where Others Wavered', at the expense of those
“whose blood really watered our freedom”.187
2.1.4. Failed Transformation
A genuine and effective transformation from one political regime to another requires a
fundamental shift, not only from old rules and habits to new ones, but also a change from
an old political leadership to a new one. In Namibia, transition to democracy is a dead
letter in the face of failure by the ruling Swapo Party to transform itself from a monolithic
and Stalinist liberation movement into a democratic civilian and service-rendering
political party whose mission statement is anchored on bread and butter issues. Rather,
with Nujoma at the helm, the ruling elite have almost exclusively been relying on the
backward looking ‘we-liberated-this-country’ culture for political legitimacy. Several
Namibians also saw it that way:
On October 1 2004 Windhoek resident Baba Amisah expressed concern that the country
was “on the verge of a 'de facto' single party dictatorship” which, if not properly
addressed, may result in the advent of a new autocratic form of government. According to
Amisah, Swapo Party’s dictatorship was disguised by the 'we-liberated-this-country'
186
“Nujoma bill 'unfair and undignified'”, The Namibian online, Wednesday, November 23 2005
187
“Too Much Focus On Nujoma”, Readers’ Letters, The Namibian online, Tuesday, November 15 2005
57
theme, whilst “those in power were mere restorationists and usurpers who are failing to
tackle the real problems of abject poverty, unemployment, profligacy, depravity,
nepotism and corruption facing Namibia's populace”.188
In an editorial column on July 20 2004, The Namibian newspaper noted that since
Independence socio-economic issues did not play a role and that voting for the ruling
Swapo Party has always been an emotive and groundswell feeling of the 'vote-for-Swapo-
because-they-liberated-us'.189Hence, as long as Nujoma continued to influence the socio-
political and socio-economic processes in the country, there will be no transformation
from the present virtual one-party Swapo Party regime to a political dispensation based
upon the principles of democracy, the rule of law and justice for all.190
2.1.5. Lack of Transitional Justice
Following a period of pervasive human rights violations, transitional justice is a victim-

centered judicial or non-judicial process aimed at truth telling, reparations for victims and
assurances of non-repetition as well as promotion of national reconciliation and
democracy. Systematic human rights violations had been committed both inside and
outside Namibia by both SWAPO and apartheid South Africa prior to Namibian
independence. Some of these serious human rights violations continued even after
independence.
Nujoma and his close confidantes have continually rejected persistent calls by NSHR and
others for the institution of an independent commission of enquiry or a TRC to address
past gross violations of human rights.191This rejection is premised on an assumption that
188
“Let's Tackle Crucial Issues”, Readers’ Letters, The Namibian online, Friday, October 1 2004
189
“Editorial: The Non-Priority Spending Spiral”, The Namibian online, Friday, July 20 2004
190
Article 1(1) of NC
191
Internal monitoring reports, NSHR, Windhoek, November 24 2005 and “Nujoma rejects calls for truth commission”,
The Namibian online, Monday, November 28 2005; “Truth probe out of the question”, Namibia Today, Friday 31-06
Thursday, September 2007, p.1-2 and Internal monitoring reports, NSHR, Windhoek, September 12 2007 and
“Ministerial Statement in the National Assembly the Constitutional Principle of National Reconciliation”, Ministry of
Justice, September 11 2007
58
“delving into” past wrongs would result in retribution and distraction from national
reconciliation.192
2.1.6. Failure to Forge Common Loyalty to Single State
Another root cause of faltering democratization in the country is failure by the ruling
Swapo Party to foster a common loyalty to a single State among Namibian citizens. This
loyalty is indispensable in order to mold a coherent nation from the diverse ethno
linguistic and cultural groupings in the country. Upon independence, the people of
Namibia have resolved to achieve inter alia a common loyalty to a single state.193
However, the ruling Swapo Party continued to be widely perceived as an ethnically based
party relying almost exclusively on the support of the Oshiwambo-speaking population
and the ‘we-liberated-this-country’ culture for its political survival. It appears that
Nujoma and his loyalist followers believe that a shared national identity and political
stability could only be achieved if Opposition political parties as well as minority groups
were either eliminated or subjugated in one form or another.
Referring the escalating intolerance and growing incidents of political hate expression in
the country on February 16 2008, NSHR executive director Phil ya Nangoloh accused
“our leaders [of] failing our nation by failing to instill in the minds of our people the
values and dispositions of political tolerance as well as of failing to foster genuine
national reconciliation and unity in diversity as well as common loyalty one Constitution
and one State”.194
2.1.7. Culture of Entitlement
A culture of entitlement is a social construct where individuals unfairly demand to receive

benefits and other privileges to which they are otherwise not entitled. In Namibia, a
192
“The Challenge of Reconciliation: Lessons for Namibia?” The Namibian online, Friday, May 9 2008; “Review of
Siegfried Groth’s Namibia-the Wall of Silence: the Dark Days of the Liberation Struggle”, www.hartford-
hwp.com/archives
193
Paragraph 5(4) of Preamble to NC
194
“Axe Health Minister For Snake Bite Death”, Press Release, NSHR, February 20 2008, and “NAMIBIA: NSHR -
Axe Health Minister For Snake Bite Death”, The Shebeen online, February 20 2008
59
culture of entitlement by the ruling Swapo Party elite has been another factor
undermining genuine transition to democracy and the right to political security in the
country. The Swapo Party bases its entitlement to rule the country forever on claims that
Nujoma has “liberated this country” from apartheid rule. As a die-hard Oshiwambo-
speaking Nujoma supporter would say:
“I am referring to readers’ letters that appeared in The Namibian and New Era, criticizing
the bill that suggests that our founding president Dr Sam Nujoma be titled Father of the
Namibian Nation. What the bill implies is that Nujoma has liberated this country and
brought peace, stability and democracy to the country. What must be understood by
people like Kaseven is that Nujoma is and will remain the father of the Namibian nation
with or without the bill and if you do not want this, go and look for a place
elsewhere”.195Utter dishonesty and general public ignorance as well as fear and gullibility
have exacerbated this culture.
2.1.8. Patronage and Subservience
Patronage refers to a socio-political system marked by patron-client relationship as well

as the corrupt use of State resources in order to advance the interests of the country’s
ruler. This includes exchange for electoral support and or subservient allegiance for
personal political gain of the ruler. Subservience or submissiveness refers to the trait of
being willing to yield to the will of a superior person often known as a patron.
The Swapo Party leadership, under Nujoma, has been relying on patron-client
relationships as well as unfettered subservience propelled through inter alia systematic
monopolization of State resources and discrimination. In an exclusionist style reminiscent
of most post-independence African tyrants, Nujoma has been accused of materially
rewarding his loyalist political supporters while sidelining those Swapo Party members
who are independent-minded and or his political competitors.
195
“In Defence of Nujoma's Title”, Letters to the editor, The Namibian online, Friday, November 18 2005 and “Nujoma
To Step Down? A Contextual Analysis”, The Namibian online, Friday, April 16 2004
60
For example, Nujoma’s rule has been accused of neglecting or marginalizing those areas
predominantly inhabited by supporters of his political competitors in terms of socio-
economic development.196His exclusionist policies have also been blamed for inter alia
real or perceived marginalization of the Caprivi Region and the resultant armed uprising
of August 2 1999, which threatened to separate the said region from the rest of the
country.197
2.1.9. Ownership of State
Ownership of the State refers to a political situation whereby the decision-making is

characterized by severe interference and control from a country’s rulers for personal
political gain. Under ownership of the State, the private sector may also be forced to
conduct transactions or actions in certain areas in order for the rulers of a country to win
votes and remain in power against the will of the people.
Owing to the manner in which Nujoma and his loyalist followers have been controlling
State resources as well as the fashion in which Nujoma has been expressing himself in
public, most Namibian citizens are made to believe that GoN and or everything incidental
thereto either belongs to the ruling Swapo Party and or to Nujoma personally. This is how
and why Nujoma could do whatever he wished with public resources without fear of
provoking public outrage from any Swapo Party members.198
2.1.10. Cronyism and Jobs for Comrades
Cronyism refers to a political system in which a leader favors one’s personal friends or
political associates by appointing them to positions of authority, regardless of their
qualifications. More often than not, cronyism exists when a leader appoints those who
196
“Black Discrimination and Reverse Racism”, Namibia: Shadow Report under International Convention on the
Elimination of Racial Discrimination, July 15 2008, paras. 37-41
197
“Caprivi Zipfel: The controversial Strip - (Part one)”, www.caprivifreedom.com/history.i?cmd=view&hid=23 and
“’We have a lot of diamonds’: Caprivi separatist leader Mishake Muyongo speaks to Insight in Copenhagen”, Insight
Magazine, October 2008, p.20-23
198
For example Nujoma has been personally held responsible for engineering such wasteful, luxurious and or un-urgent
expenditures on such things as the Falcon and Lear jet aircraft, a new State House and a new office for himself after
retirement, Heroes Acre, wars in Congo and Angola as well as the northern railroad and the list goes on
61
would not try to weaken him or her by inter alia expressing views contrary to his or her
personal ideas. In practice and principle, cronyism is contrary to meritocracy and has been
widespread in Namibia since independence and has deteriorated even further as from
2004 onwards.
Nujoma has been accused of appointing to the public service only his real or perceived
loyalists or any other persons who were ready to tolerate his command-and-obey
behavior.199At the same time, Nujoma has also been accused of marginalizing and or
purging from the civil service those Namibians, regardless of political affiliation, who
were independent-minded.200
For example, on February 9 2007 two senior Swapo Party members Huebschle and
Kaukungua charged that people “not to the liking of the 'power-that-be' in [the Swapo
Party]” were unconstitutionally being replaced by hand-picked individuals found to be fit
to carry out instructions from the unidentified “handler”.201
In an opinion piece published on December 22 2005, renowned Namibian analyst Dr. Joe
Diescho noted Nujoma's system became corrupt over time as he moved towards the
politics of triumphalism and patronage, “namely by appointing comrades to ministerial
positions not because they were the best in the country, but because they were the most
loyal Swapo Party members”.202
On December 13 2005 former Swapo Party Politburo member Jesaya Nyamu said that
during the Electoral College that elected MPs Nujoma produced ‘bogus’ lists of people
whom he labeled “imperialist agents” with the view to discredit them and undermine their
political career. According to Nyamu, any illusion that there was unity in the Swapo Party
199
“SWC backs jobs-for-comrades call”, The Namibian online, Wednesday, July 3 2002; {“'Jobs for comrades' uproar in
Parliament”, The Namibian online, Wednesday, July 6 2005 and “Elderly comrades want jobs too”, The Namibian
online, Wednesday, August 7 2002 and “Kapia renews call for jobs for comrades, attacks US”, The Namibian online,
Friday, February 28 2003
200
“Swapo being torn apart by 'witch-hunts, victimization, vilification'”, The Namibian online, Friday, February 9 2007
201
202
“Pohamba's First Year - A Good Start With No Game Plan”, The Namibian online, Thursday, December 22 2005
62
was finally killed at the Electoral College when the entire top layer of senior cadres was
relegated to the bottom of the 72-member party list.203
Moreover, in a major shift shortly before his “retirement” on March 21 2005, Nujoma
ensured that his loyalists were in control of key Swapo Party structures as well as key
GoN ministries and departments.204
On October 2 2004 Nujoma reportedly shocked Swapo Party delegates to an electoral

convention when he announced his choice of 10 preferred NA members.205The new
appointees were mainly newcomers deliberately appointed to completely replace the
increasingly critical “old guard”. The old guard consists of senior Swapo Party officials
with many years of experience in exile during the liberation struggle.206
2.1.11. Perfunctory Elections and Predictable Results
Another indicator of Namibia’s faltering democratization process has been the

perfunctory conduct of periodic elections with predictable results. This situation has
immensely contributed to heightened political insecurity in the country during the period
under review. This state of affairs is also made possible through inter alia the ruling
Swapo Party’s control of ECN, the recruitment of Swapo Party members to work in the
electoral process, the printing of ballot papers by a Swapo Party company, systematic
intimidation of Opposition supporters, numerous other irregularities and undue influences
as well as the control of NBC Radio and TV.207 Several indactors point to the lack of
impartiality in the management of elections in the country since independence:
Being entirely made up of ruling Swapo Party members and activists, ECN does not meet
any of the requirements set forth in the law.
203
Internal monitoring reports, NSHR, December 13 2005 and “Nujoma destroying Swapo, says a fired-up Nyamu”,
The Namibian online, Wednesday, December 14 2005
204
“Major shift in Swapo leadership”, The Namibian online, Monday, October 4 2004
205
“At the President's pleasure”, The Namibian online, Monday, October 4 2004
206
“At the President's pleasure”, The Namibian online, Monday, October 4 2004
207
“RDP post-mortem of Omuthiya Local Ection held on 26th September 2008”, Press Statement, RDP, Otcober 5 2008
63
On October 30 2008 three Opposition parties accused ECN of being “Swapo-controlled”
and handed out flyers in Windhoek’s Tobias Hainyeko Constituency expressing their
disapproval of lack of impartiality on the part of the electoral authority following ECN’s
“deafening silence on the hate speeches, incitement and acts of intimidation and violence
committed by members of the ruling party.”208
On October 11 2008 DTA of Namibia President Katuutire Kaura said his party will
demand that the ballot papers for the national and local elections are not printed by the
Swapo company, Namprint, because the election “is rigged right there before the voting
even starts”. Said Kaura: “Our demand shall be that a neutral company outside Namibia
must print those ballot papers, but for sure not a Chinese company.”209
Senior Swapo Party leaders have also systematically “reminded” voters “to vote only for
the Swapo Party ‘because the party is the hand that feeds you’”.210In this regard, speaking
on June 14 2008 at Khorixas, Swapo Party President Pohamba urged his audience to vote
for the ruling party because it controls State resources: otherwise, there would be no
development at Khorixas and other adjacent areas in the Kunene Region.211This region is
one of the most poverty-stricken and marginalized parts of the country in terms of socio-
economic development.212The Opposition UDF party controls the region.
Moreover, several Swapo Party leaders have been on the record saying that Opposition
parties “will never be allowed to come to power” in Namibia.213
The summary dismissal on March 7 2008 of ECN Director of Elections Philemon Kanime
on mere suspicion that he is an RDP supporter is indicative of how the different political
views are not accommodated or tolerated at ECN.214
208
“Internal monitoring reports, NSHR, October 30 2008; “Boycott Campaign Acceptable” , New Era online, November
4 2008 and “Boycott Flyers Legal”, New Era online, November 3 2008
209
“DTA Opposed to Tribal Dominance, New Era online, October 13 2008
210
“Swapo accused of using Caprivi flood aid as a campaign tool”, The Namibian online, Tuesday, April 27 2004 and
“Vote for the ‘hand that feeds’ you, Pohamba tells Gibeon residents”, The Namibian online, October 18 2004
211
Internal monitoring reports, NSHR, June 14 2008
212
”Kunene reels in poverty”, New Era online, October 4 2008
213
“Ugly Allegations against Namibian Police”, Press Release, NSHR, March 17 2008 and “NAMIBIA: NSHR - Ugly
Allegations Against Namibian Police”, The Shebeen online, March 17 2008
214
“Kanime’s Dismissal Assault On Democracy”, Press Release, NSHR, March 9 2008
64
On February 9 2007 Senior Swapo Party members Michaela Huebschle and Ambassador
Shapwa Kaukungwa charged that underhanded political machinery at the top of the ruling
party was rigging the democratic processes such that “it has now become the main
strategy of the clique to isolate, sideline, victimize and witch-hunt those who stand for the
democratic ideals and principles”.215
On March 24 2006 ELCRN Bishop Zephania Kameeta also warned that democracy was
not something that should be practiced during elections only. He argued that the people of
Namibia should not be called at all to vote if their voice is ridiculed and swept aside.216
On January 6 2005, UDF leader Justus //Garoeb described the 2004 presidential and
national elections as “scandalous”, saying there was enough evidence to prove that the
ruling Swapo Party had unduly influenced the outcome of the elections.217
On June 1 2004 Ongwediva residents held a peaceful demonstration to condemn the

removal by Nujoma of the duly elected town councilors. In a petition handed to senior
Oshakati Magistrate Helena Ekandjo, the demonstrators demanded that the four
candidates be sworn in immediately. The petition inter alia read as following:
“In the spirit of openness, transparency, consultation, justice and mutual respect,
we call upon the Swapo Party Secretary General, the Electoral Commission of
Namibia and the Oshakati Magistrate's Court to ‘come clean and clear, and act in
accordance with the will and wishes of the Ongwediva Town Electorate […] We feel
strongly that this practice does not augur well for unity, transparency, fairness and
democracy in Swapo Party structures in Ongwediva Town. […] We […] are
intelligent and politically mature enough to choose the people we want and trust to
lead us in this town”.218
215
216
“Don't idolise leaders, Bishop Kameeta warns”, The Namibian online, Monday, March 27 2006
217
Internal monitoring reports, NSHR, January 6 2005 and “UDF slams ECN, Swapo 'witch-hunt'”, The Namibian online, January 7
2005
218
“Exposing scapegoating, obfuscation, scare tactics and fear-mongering in the name of the Swapo Party”, Press Release, NSHR,
April 16 2008
65
The demonstrators accused the Swapo Party leadership under Nujoma of dictating to
them and of imposing upon them “non-nominated and unselected people on us”.219
2.1.12. Hesitant Decentralization Process
The country’s hesitant democratization process has also manifested itself through a bogus
decentralization process. Decentralization or devolution of powers entails the real
distribution of authority to make decisions to local governments independently of central
government oversight. Hence, decentralization can only exist if second-tier or third-tier
authorities have substantial powers to hire, fire, tax, contract, expend, invest, plan, set
priorities and deliver the services independently from the central government.
Furthermore, under real decentralization citizens actively participate, directly or indirectly

through their freely elected representatives, in the decision-making process of their
respective regional and local authorities. NC envisions decentralized regional and local
authorities vested with executive and administrative powers to “carry out all lawful
resolutions and policies subject to this Constitution and any other relevant laws”.220
De-concentration, on the other hand, is merely shifting responsibilities to one’s

subordinate officials in regions, districts, towns and villages under direct supervision and
control of senior central government ministers in the capital city. De facto de-
concentration is what has been happening in Namibia since independence.
In terms of the Decentralization Enabling Act 2000 (Act 33 of 2000), decentralization is a

process of gradual transferring of powers, responsibilities and resources from central
government to regional councils and local authorities within the framework of a unitary
state and under the guiding principle that the central government is still accountable for
the budgeting and recruitment of personnel. In other words, the central government
allocates some of its functions to regional councils and local authorities without
219
“Exposing scapegoating, obfuscation, scare tactics and fear-mongering in the name of the Swapo Party”, Press Release, NSHR,
April 16 2008
220
Article 102(3) of NC
66
abrogating its full responsibility and accountability for such powers, functions and duties
and without prejudice to its right to withdraw such functions, duties and powers.221
Moreover, according to seasoned technocrat Josephat Sinvula, what has been happening
in the country since 2000 is de-concentration of powers, responsibilities and resources,
which “does not allow any participation by the population in any form of decision-
making process as all decisions and budgeting are made in Windhoek”.222
Concurring with Sinvula on this score, Oshana Regional Governor Klemens

Kashuupulwa also pointed out on January 18 2008 that the main challenge for the
country’s faltering decentralization process is that this process is not being implemented
“lock, stock and barrel”.
According to Governor Kashuupulwa, regional councils are without the wherewithals to

improve the living standards of the people. Governor Kashuupulwa added: “The
determining factor in bringing the government closer to the people is empowering
regional councils with competent staff and financial resources to deliver goods and better
services to the people”.223
Faltering decentralization and lack of genuine executive and administrative powers on the
part of regional and local authorities has been one of the major factors contributing to
voter apathy and low voter turnout in regional and local authority elections in the country.
Faltering decentralization has also been blamed for the country’s seemingly endless
internal migrations from the rural to urban areas.224
221
“Decentralization: Policy Implications”, New Era online, February 29 2008
222
“Decentralization: Policy Implications”, New Era online, February 29 2008
223
“Decentralisation gains momentum: Prospects and Challenges”, New Era online, January 18 2008
224
“Decentralization Challenges for Omaheke”, New Era online, July 17 2007 and “Centralization too slow”, New Era online,
Wednesday, October 11 2006; “Emergency response needs decentralization”, The Namibian online, Thursday, May 24 2007;“People
must be central to decentralization: Govt”, The Namibian online, Friday, July 28 2006; “Decentralization Is Under Siege”, The
Namibian online, Friday, July 22 2005 and “Ministries dragging feet on decentralization process”, The Namibian online, Thursday,
July 14 2005
67
2.1.13. Control of NBC
NC makes provision for freedom of expression and opinion.225This includes freedom of

the press and other media, as well as the freedoms of conscience, association, assembly
and movement. However, NBC Radio and TV have persistently remained mouthpieces of
the ruling Swapo Party. MISA-Namibia expressed concern over NBC propaganda as well
as over GoN interference in NBC affairs.226
MISA-Namibia explained that NBC Radio and TV has become a GoN mouthpiece
because priority coverage is given to the activities of, among others, former president
Nujoma.227In response to perceived criticism, both GoN and ruling Swapo Party officials
have often been using NBC Radio and TV to attack journalists, human rights defenders,
academics and church leaders as well as Opposition politicians.228
Despite the fact that it remained a publicly-funded national broadcaster, in most of its
reporting, NBC transmitted biased news and other forms of Swapo Party and pro-Nujoma
propaganda as well as idolization of Nujoma. The national broadcaster allowed very little,
if any, substantive criticism of GoN or ruling Swapo Party policies. NBC reporters also
continued to widely exercise self-censorship by not pursuing those stories that they
suspect would be unpopular with the ‘Swapo Party Government’. On September 2 2003
Nujoma personally “reminded” NBC reporters: “You are under my control”.229
NBC Radio and TV also systematically advertised for the Swapo Party by inter alia
broadcasting idolization of Nujoma as well as libelous statements or music discrediting
Nujoma’s political opponents. Nujoma himself has often been seen and or heard on NBC
Radio and TV hurling vitriolic attacks ad hominem against those he viewed as disloyal to
him or to the ruling Swapo Party.230
225
Article 21(1) (a) of NC
226
Misa critical of NBC 'propaganda'”, The Namibian online, Tuesday, November 15 2005
227
“Misa critical of NBC 'propaganda'”, The Namibian online, November 30 2005
228
“Fundamental Freedoms”, Namibia Human Rights Report 1998-2007
229
Internal monitoring reports, NSHR, September 2 2003 and “You can keep your aid, Nujoma tells West”, The Namibian online,
September 3 2003
230
NBC TV News, 20h00, Thursday, July 24 2003, Internal monitoring reports, NSHR, July 25 2003 and “Authors of
San report 'surprised' by Nujoma's hostile reaction” The Namibian online, Friday, August 1 2003
68
In a surprise Cabinet shake-up in August 2002, Nujoma took over the post of Minister of
Information and Broadcasting under which NBC resorts. Following the Nujoma takeover,
a senior MISA-Namibia member noted that NBC has given much more time to Nujoma’s
and Swapo Party-related issues to the exclusion of any other burning concerns.231In a
totalitarian fashion, the ‘Swapo Party Government’ has also been controlling NBC Radio
and TV through the appointment of pro-Nujoma loyalists as members of the board of
directors.232In December 2007 the ruling Swapo Party decided to impose a GoN-
controlled media council to also control the independent private media.233
2.1.14. Lack of Transparency
Transparency is the absence of secrecy. In politics transparency refers to a situation

whereby information about governance is freely available to everyone. Open or
transparent government is a political system in which those entrusted with state
administration should be open to effective public scrutiny and oversight. This is
particularly the case when government processes, such as national budgets and other
financial statements are open and may be reviewed by anyone, when laws and rules are
publicly known as such and when government decisions are open to challenges. In order
that there is transparency, a free, fearless, and independent press as well as a strong,
active and independent civil society is sine qua non.
Lack of transparency breeds corruption and corruption undermines democracy and

consequently accountability, participation, and sustainable human development. In
Namibia under Nujoma’s direct rule between 1990 and 2005 transparency has been
severely lacking in the country’s governance.234
231
“Nujoma's "no sex, no violence" ban offends Namibian viewers”, The Namibian online, Friday, October 4 2002
232
“The Future Of The NBC”, The Namibian online, Friday, June 2 2006 and “NBC: Frozen In Infancy Or Melting Down?”, The
Namibian online, Friday, March 28 2008
233
“Hakaye gets worked up about Misa”, The Namibian online, Friday, August 24 2007, “Europe to debate Hakaye's motion on
curtailing freedoms”, The Namibian online, Friday, September 28 2007; “Misa condemns attack on press freedom”, The Namibian
online, Wednesday, August 22 2007; “Swapo Councilors take on democracy”, The Namibian online, Tuesday, August 21 2007;
“Media regulation: Editors speak out”, The Namibian online, May 2 2008 and “No to a Govt-regulated media body, says MISA”, The
Namibian online, May 6 2008
234
For example, the reports of several Presidential Commossions of enquiry into corruption and other malpractices have yet to be
published, despite Pohamba’s personal commitment to transparency and his anti-corruption drive
69
2.1.15. Absence of Accountability
Accountability is a socio-political situation whereby those holding public office are

required to be answerable to the people either directly or indirectly through their freely
chosen representatives and democratic institutions of the State as envisioned in
NC.235Politicians and public servants are entrusted with enormous powers that they often
abuse through the implementation of laws and regulations, the control of State institutions
and or the administration of public resources.
Accountability can be strengthened through formal reporting requirements to freely

chosen representatives of the people as well as public institutions, such as an independent
Auditor General’s Office, Anti-Corruption Commission (ACC) and Office of the
Ombudsman. Accountability may also be achieved through external scrutiny in terms of
periodic reporting under international monitoring mechanisms established by inter alia
United Nations.
In Namibia under Nujoma’s rule, there has also been a severe lack of accountability
despite constitutional and other legal provisions to that effect. The fact that Namibia has
a track record as one of the world’s worst income distributors among its population is
largely attributed to lack of accountability on the part of the Executive branch under
Nujoma.
2.1.16. Absence of Separation of Powers
The separation of powers refers to a political system of constitutional controls whereby

three branches of Government (i.e. Executive, Legislative and Judicial branches) as well
other state institutions have powers over one another so that no single branch will
dominate or abuse power.236Therefore democracy and respect for the rule of law are
also greatly enhanced when there is genuine separation of powers or checks and
235
Articles 1(2), 32(2) and 41 of NC and paragraph 3 of Preamble to NC
236
http://en.wikipedia.org/wiki/Separation_of_powers_under_the_United_States_Constitution
70
balances between the Executive, Legislative and Judicial branches of the State. NC
makes provision for separation of powers.237
Consisting of the President, the Prime Minister and any such other Cabinet Ministers
and Deputy Ministers appointed by the President from Members MPs, the Executive
branch is responsible for administering and executing the functions of the State.238The
Executive branch is answerable to Parliament.239
The legislative powers of the State vest in Parliament (consisting of the National
Assembly (NA) and the National Council.240The registered voters by general, direct and
secret ballot elect MPs on a party list basis and they are vested with powers to pass and
repeal laws for the peace, order and administration of the country in the best interest of
the people of Namibia.241NC also requires Parliament to be independent and separate
from the other two branches of Government.242Hence, in the performance of their
duties, functions and powers, MPs are required to be the representatives of all the
people of Namibia and must be guided only by the objective of NC as well as by the
public interest and their individual conscience.243
In practice, however, the separation of powers and everything incidental thereto as

contemplated under NC244 are virtually non-existent in the country since the declaration
of Independence on March 21 1990. With the exception of those six MPs that are
appointed by the President in terms of Article 32(5) (c) of NC, all other Cabinet
Ministers are also MPs with full voting rights.
During the period under review, Cabinet Ministers accounted for 67 percent of all MPs
in the county. As the period under review ended, there were 44 MPs who are also
Cabinet Ministers out of a total of 72 voting NA MPs. This then renders ineffective the
provisions245of NC, which stipulates that the Executive branch is answerable to the
237
Article 1(3) of NC
238
Articles 35, 36 and 37 of NC
239
paragraph 3 of Preamble and Articles 32(2) and 41 of NC
240
Article 44 of NC
241
Articles 44, 63,74 and 75 of NC
242
Article 45 of NC
243
Articles 45 and 74 of NC
244
paragraph 3 of Preamble and Articles 1(1), 1(3) and 45 of NC
245
paragraph 3 of Preamble to NC as well as Articles 32(2), 41 and 45 of NC
71
Legislative branch. NC also stipulates that the duties and functions of Cabinet Ministers
are to “attend meetings of National Assembly and to be available for the purposes of
any queries and debates pertaining to the legitimacy, wisdom, effectiveness and
direction of Government policies”.246This suggests that in terms of NC, Cabinet
Ministers are not entitled to become MPs with voting rights.
Furthermore, NC also makes provision for an independent, impartial and competent

Judiciary, which is subject only to the Constitution and the law.247In order to respect,
protect and fulfill the independence, dignity and effectiveness of the Judiciary, NC
prohibits any interference in the affairs of the Judiciary from any quarters, including
interferences and or other undue influences from the Executive and Legislative branches
of Government.248
International instruments also require that the independence of the Judiciary is guaranteed
by the State and enshrined in the Constitution or the law of the country and that all
governmental and other institutions are required to respect and observe the independence
of the Judiciary. The Judiciary has the duty to decide matters before them impartially, on
the basis of facts and in accordance with the law, without any restrictions, improper
influences, inducements, pressures, threats or interferences, direct or indirect, from any
quarter or for any reason.249
In practice, however, the separation of powers has also been crippled and rendered
ineffective by inter alia the fact that High Court and Supreme Court judges are appointed
and dismissed by the President on the recommendation of the Judicial Service
Commission (JSC).250Similarly, Magistrates and other judicial officers are also appointed
and ipso facto dismissed by the Minister of Justice, on the recommendation of the
246
Article 40 (e) of NC
247
Articles 12(1)(a), 18, 25(2), 78(1), 78(2) 78(3) and 83 of NC
248
Article 78(3) of NC
249
Basic Principles on the Independence of the Judiciary adopted by the Seventh United Nations Congress on the
Prevention of Crime and the Treatment of Offenders held at Milan from 26 August to 6 September 1985 and endorsed
by General Assembly resolutions 40/32 of 29 November 1985 and 40/146 of 13 December 1985
250
Article 82(1) of NC
72
Magistrates Commission (MC).251The Minister of Justice directly appoints Four (4) out of
a total of seven (7) members of MC.252
High Court and Supreme Court judges are accountable to JSC and, in the performance of
their judicial duties they are subject to the rules and procedures of JSC.253Likewise,
Magistrates and other judicial officers are also accountable to MC, which also sets the
rules and regulations regarding their appointment and operations.
On August 12 2005 Presidential Affairs Minister Dr. Albert Kawana, speaking on behalf
of President Pohamba, told the Southern African Judges' Commission (SAJC) that GoN
remained “as committed as ever” to respect and protect the independence of the Judiciary.
However, Dr. Kawana also said, at the same time, that the Judiciary should be
“accountable and responsive to the hopes and concerns of the public”.254Analysts
understood this remark to signal that GoN was not comfortable with the idea of a
judiciary whose only concern would be the law, to the exclusion of “public” concern.
SAJC is made up of Chief Justices from southern and eastern Africa. Since Namibian
independence, the Executive Branch has systematically been launching verbal attacks on
the Judiciary.255Hence, as far as NSHR is concerned, GoN’s commitment to the
independence of both JSC and MC is seriously questionable because of the de facto
predominance in terms of their membership by persons who are directly appointed by the
Executive branch.
2.1.17. Conflict of Interest
Conflict of interest refers to a situation whereby an individual with a responsibility to

serve the public participates in an activity that jeopardizes his or her professional
judgment, objectivity and independence. Often, when an individual runs a private
business venture, while he or she holds public office, this can potentially influence the
251
Section 13(3) of the Magistrates Act 2003 (Act 3 of 2003)
252
Sections 4(f) and 5 of the Magistrates Act 2003 (Act 3 of 2003)
253
Article 85(3) of NC
254
“Govt reaffirms independence of judiciary, but with accountability”, The Namibian online, Monday, August 15 2005
255
“Namibia: The Judiciary under siege”, Special Report for 1995, NSHR, January 5 1996 and “Concern over judicial
independence and integrity”, Press Release, NSHR, July 22 2004
73
objective exercise of his or her public duties. An MP is deemed to have a personal interest
in any legislation if, by reason of his or her participation in the enactment or defeat of any
legislation, there are reasons to believe that he or she or a member of his or her immediate
family, will derive a direct monetary gain or suffer monetary loss. In Namibia under
Nujoma conflict of interest has been the order of the day.
For example, on November 22 2005 Deputy Justice Minister Utoni Nujoma actively took
part in a legislative process intended to confer upon his father Nujoma Sr the title of
“Founding Father of the Namibian Nation”. CoD Vice President Nora Schimming-Chase
called, without success, upon Nujoma Jr to be excluded from contributing to the
discussion, saying he had a vested interest, while CoD President Ben Ulenga urged
Njuoma Jr not “mix family with politics”.256
Furthermore, since Namibian independence, the country’s ruling elite has consistently
demanded to receive even more personal benefits from the State. Supposedly this is
because ‘we have fought for this country and we have liberated it’. This is therefore
another clear indication that the country has been ruled on the basis of conflict of
interest and, hence, the unconstitutionality of this whole situation. Moreover, most of
the laws that have hitherto been passed in Parliament, might, in fact, be conflict of
interest legislation. This is so because they are passed by “lawmakers” most of whom
are motivated by conflict of interest and a culture of entitlement.
NC, whether apparent, potential or actual, strictly proscribes conflict of interest.257The

Public Service Act 1995 (Act 13 of 1995), the Public Service Code of Conduct, the Anti-
Corruption Act 2003 (Act 8 2003) and the UN Convention against Corruption also all aim
to ensure that every public official is guided solely by the public interest.
256
“Nujoma bill 'unfair and undignified'”, The Namibian online, Wednesday, November 23 2005
257
Articles 42(1), 60(1)(b) and 74(4)(b) of NC
74
2.1.18. Disregard for NC
According to NC, the Namibian State is founded upon the principles of democracy, the
rule of law and justice for all.258As the Supreme Law of the land, NC sets the basic
standards and norms in accordance with which the country should be governed.
Parliament or any subordinate legislative authority is precluded from making any law
contradicting NC. The Executive branch and all other subordinate administrative bodies
are also prohibited from taking any action contravening the provisions of NC.259
Furthermore, prior to taking office, each and every person charged with the management
of the legislative, judicial and administrative affairs of the State is required to take an oath
or affirmation under the penalty of perjury to respect, protect and fulfill the principles and
values of democracy as embodied in NC.260
However, the Swapo Party leadership under Nujoma has, on several occasions, engaged
in activities that are deemed contrary to the constitutional principles. Moreover, since
2005 the country has been ruled in accordance with the Swapo Party’s 2004 Election
Manifesto instead of NC.261
2.1.19. Non Incorporation of Treaties
Incorporation is a legislative act of giving legal force domestically to an international

document, such as a treaty or agreement. By becoming UN members, all nations have
accepted the duty to respect, protect and fulfill the basic human rights and fundamental
freedoms as laid down in both the UN Charter and numerous international human rights
treaties. The incorporation of international law is an integral part of the ratification
process.262Ratification is the process of giving official sanction or approval to a treaty or
constitution. This includes the process of adopting an international treaty by the domestic
258
paragraphs 3 and 5(5) and Article 1(2) of NC
259
Article 25(1) of NC
260
Articles 30 (President) 38 (Ministers and Deputy Ministers), 55 and 71(Members of Parliament) and Schedule 1
(Judges)
261
“‘Apply SWAPO Manifesto’: SWAPO Party Congress Plans Ahead”, New Era online, August 9 2005
262
http://en.wikipedia.org/wiki/Incorporation_(international_law)
75
legislature. Dualist countries, such as Namibia, require that all treaties be incorporated
before they can have domestic legal force.
In order for a Bill or a law to be publicly known as such, it must be passed by Parliament,
signed by the President and published in Government Gazette.263Hence, in most
democracies, ratification of international treaties follows the same procedure as the
passing of laws.264NC is the Supreme Law of the country and all other laws, and this
includes international laws, must be brought in line therewith.
Namibia has ratified most UN human rights treaties and undertaken to take effective
legislative, judicial, administrative and other measures to give effect to such treaties.
However, with the exception of four Geneva Conventions of 1949, all other international
treaties cannot be invoked before the national courts because GoN has failed to
incorporate such treaties into its national legislation.
Moreover, speaking at the Eros Airport upon his arrival from the World Summit on
Sustainable Development, held in Johannesburg on September 2 2003, then President
Nujoma claimed inter alia that good governance and human rights were a European
culture which must not be imposed on Africans.265Ironically, as he spoke, Nujoma was
neatly dressed in a European-style suit and flew in a luxurious French-made Falcon jet
aircraft.
2.1.20. Third Force
A Third Force in this report refers to an opposition faction within the ruling party. More
often than not, a Third Force is characterized by a conflict of interest and bitter rivalry
and or disagreement over who should exercise final control of the government.
In the Namibian context, the Third Force situation is best recognized by the existence in
the ruling Swapo Party, of an obstructionist and confrontational group of die-hard,
263
Article 65 of NC
264
http://en.wikipedia.org/wiki/Ratification
265
Internal monitoring reports, NSHR, September 2 2003 and “You can keep your aid, Nujoma tells West”, The
Namibian online, September 3 2003
76
exclusionist and conservative pro-Nujoma loyalists also known as “Omusati clique”, on
the one side, and a moderate Governmental faction consisting of those Swapo Party
members who are constitutionally charged with managing GoN affairs, on the other.
The Third Force views GoN and the Swapo Party as one and the same. For the Third
Force, the Governmental faction should receive orders from the Swapo Party Politburo
and Central Committee and the country should be ruled in accordance with the Swapo
Party’s 2004 Election Manifesto instead of NC. The Governmental faction holds that
GoN and Swapo Party are two separate entities and are independent of each other and that
the country should be governed subject to NC and the law.
The Third Force faction is also in favor of the implementation inter alia a jobs-for-
comrades policy. On the other hand, the inclusionist Governmental faction, prefers a
meritocratic dispensation working in the interest of the general public. The Third Force
also regards Nujoma as the supreme leader of the ruling Swapo Party and, by extension,
of the entire country and, further, that the Cabinet should be subordinated to Nujoma.
Prime Minister Nahas Angula first made public references to the Third Force during
2007. In a Press Statement issued on April 15 2007, Prime Minister Angula pointed out
that the poisonous anonymous letters circulated via the Internet under the pseudonym
'Ananias Nghifitikeko' were the work of a Third Force with the view to exclude certain
people from the ruling Swapo Party. The mysterious pro-Nujoma letter writer[s] targeted
moderate Swapo Party leaders, including Prime Minister Angula.
Prime Minister Angula also warned Swapo Party members to be on guard and to
“distinguish truth from fabrications”. Angula said Ananias Nghifitikeko’s “goal is to
cause confusion, suspicion and mistrust among vanguard cadres of the Swapo Party”. He
likened the situation to the “serious schisms” [that] had visited Swapo in exile during
1970s and 1980s. According to Angula, such “schisms” were “all fuelled by untruth,
rumors and fabrications”.266
266
“PM warns of 'third force'”, The Namibian online, Monday, April 16 2007
77
On December 13 2005 former MTI Minister Jesaya Nyamu also said poison-pen writers
under the pseudonym of 'Ananias Nghifitikeko' had support from Nujoma and Omusati
Clique.267
The Third Force also manifested itself through frequent verbal attacks by members of the
pro-Nujoma SPYL on President Pohamba as well as other liberal members of Pohamba’s
Cabinet.268Prime Minister Angula reportedly also suggested that the Third Force was
behind the anti-Pohamba SPYL and NUNW statements.269Addressing a public rally in
Windhoek on September 21 2008, Interim RDP Secretary General Jesaya Nyamu also
noted that Nujoma was the force behind the actions of SPYL and NUNW activists.
Nyamu added that SPYL threats against Cabinet ministers were unheard of in the country
before and, hence, the country has become ungovernable.270
On October 19 2008 NSHR executive director Phil ya Nangoloh also referred to the
“riotous behaviors by conservative and opportunistic” Swapo Party members, which he
attributed to a Third Force led by Nujoma. Ya Nangoloh observed that the Third Force
faction was “hard at work” apparently in order to ensure that the country becomes
ungovernable. “In my view, Nujoma was the invisible force behind the Third Force”, said
ya Nangoloh.271
However, several pro-Nujoma loyalists have denied the existence of a Third

Force.272Nonetheless, the following instances also seem to point to the existence of the
Third Force:
2.1.21.1. Party Flag vs. State Flag
NC makes provision for inter alia national symbols and this includes a national
flag.273However, when performing their official national duties and or addressing public
267
268
“Swapo Rides through storm”, New Era Online, August 5 2008
269
“Standoff in Swapo”, The Namibian online, Monday, August 4 2008
270
“’SPYL allegations have no substance’”, New Era online, September 22 2008
271
“More signs of Third Force”, Press Release, NSHR, October 19 2008
272
“No Third Force Behind SPYL”, The Namibian online, Friday, September 26 2008 and “Standoff in Swapo”, The
Namibian online, Monday, August 4 2008
78
rallies, high-ranking ruling Swapo Party and GoN officials alike have constantly given
preference to their own party’s flag and slogans over those of the State. In certain cases,
senior GoN officials have traveled long distances to engage in petty disputes over flags on
trees.
For example, on November 20 2008 President Pohamba accused the Police of a “highest
act of provocation”274against the Swapo Party merely after a Police officer removed a
Swapo Party flag hoisted on a public tree in a Windhoek neighnorbood, while on
September 1 2008, Ohangwena Governor and Swapo Party Central Committee Member
Usko Nghaamwa reportedly traveled to a distant village where he accused Opposition
RDP supporters of “provocation of the highest order”. This came after RDP members
hoisted two of their flags on trees where Swapo Party flags had been flying for several
months.275
2.1.21.2. Rule of Party vs. Government
During the period under reporting, the country continued to be ruled by the Swapo Party
instead of President Pohamba and the Cabinet as stipulated in NC. Several indicators
suggested that this has been the case.
After he took over as Head of State on March 21 2005, President Pohamba and all his
cabinet Ministers as well as ruling Swapo Party MPs and governors have systematically
and in unison described GoN as “the SWAPO Party Government” and “the SWAPO
Party-led government based on collective leadership” as well as “the complementary
role played by the SWAPO Party leadership”.276During his rule of 15 years, Nujoma has
constantly referred to GoN as “my government” in his public speeches on NBC Radio
and TV as well as in the print media.
273
Article 2(1) and Schedule 6 of NC
274
“Internal monitoring reports, NSHR, November 28 2008 and “President incites violence”, Press Release, NSHR,
Monday, December 1 2008
275
Internal monitoring reports, NSHR, September 1 2008; “Ohangwena Governor claims trees in the name of Swapo”,
The Namibian online, Tuesday, September 2 2008; “Swapo, RDP not sitting under same tree”, The Namibian online,
Thursday, September 4 2008 and “SMS of the Day: Friday”, The Namibian online, Friday, September 5 2008
276
“The magic of SWAPO”, New Era online, October 12 2007
79
In an opinion piece published on December 22 2005 and intended to evaluate President
Pohamba’s performance 18 months after his inauguration, renowned Namibian analyst
Joe Diescho noted “almost everything Pohamba did have to be processed through the
party leadership, which means that Nujoma must approve it”.277
After Nujoma officially stepped down as President on March 21 2005, the frequency of
the meetings of the Swapo Party Politburo and Central Committee has increased
dramatically. During these meetings President Pohamba was more often than not
humiliated and or treated as if he was just another Cabinet Minister like any other
Ministers appointed by Nujoma. President Pohamba was often accused of incompetence
and of not consulting with other members of the Swapo Party leadership with regard to
the appointment of certain persons in the public service.
2.1.21.3. Party Manifesto vs. NC
Since March 21 2005, when President Pohamba “succeeded” Nujoma as Head of State,
the 2004 Swapo Party Election Manifesto has become the de facto basic law in
accordance with which the country has to be ruled. This has enabled Nujoma to exercise
decisive influence on the operations of GoN in accordance with the said Manifesto.
Several indicators also pointed to this situation:
Addressing a Leadership Strategic Planning Conference held in Windhoek on August 8

2005, Nujoma urged those in GoN “leadership positions to fully implement the Swapo
Party’s 2004 Election Manifesto as the basic guideline to address the needs and
aspirations of our people”.278Furthermore, in October 2007 in an interview with the
GoN-controlled New Era newspaper, Nujoma loyalist and Ministry of Foreign Affairs
Acting State Secretary Ambassador Wilbard Helao stated that, as the head of the ruling
party, whose manifesto GoN, Nujoma “would set the foreign policy agenda and play a
key role in determining national policies”.279
277
278
“‘Apply SWAPO Manifesto’: SWAPO Party Congress Plans Ahead”, New Era online, August 9 2005
279
“Special Focus: Namibia’s Foreign Policy”, New Era, Friday, October 19 2007, p.19
80
In a Press Release issued on August 15 2005 NSHR said it was “deeply alarmed by what
amounts to a de facto insidious overthrow of Namibia’s constitutional order and its
summary replacement with the Swapo Party Election Manifesto of 2004”. NSHR added
that the implementation of the said Manifesto as the source or guidance for State
functions, duties and operations effectively removed all GoN powers, functions, duties
and operations from the confines of NC and the law.280
Similarly, SWANU President and political analysts Dr. Rihupisa Kandando noted in 2005
that it was “unconstitutional for the ruling Swapo Party to impose the implementation of
its manifesto on civil servants”. Dr. Kandando added that before the implementation of
the said manifesto could start, certain changes would have to be made to NC.281Afterall
everything contained in the Swapo Party Election Manifesto of 2004 is already
sufficiently covered in NC to which the Swapo Party was supposed to subscribe fully.282
2.1.21.4. Dual Presidency
Dual presidency refers to a duplicity situation whereby there are in effect two heads of
state in one country. This has been the case in Namibia since March 21 2005, after
President Pohamba officially took over from Nujoma. A leadership crisis ensued soon
thereafter because of the two presidents at the helm of the country.
Although de jure President Pohamba remained the Head of State in whom the executive
powers of the State are vested, Nujoma wielded enormous powers and authority as the de
facto President of the country.283Going inter alia by the titles of “Founding President”
and “Founding Father of the Namibian Nation” as well as “Leader of the Namibian
Revolution”, Nujoma effectively ruled the country through the Swapo Party Politburo and
the Swapo Party Central Committee. As the de facto President, he also continued to
perform such presidential chores such as receiving foreign dignitaries.284He has also
280
“Party Manifesto Threatens Constitutional Order”, Press Release, NSHR, August 15 2005
281
“Swapo meets to discuss divisions, manifesto”, The Namibian online, Tuesday, July 26 2005
282
The principles of state policy are contained in Articles 95 to 101 of NC
283
“The President according to SWAPO...”, The Namibian online, Thursday, December 21 2006 and “Where are
President Pohamba photos?”, The Namibian online, Friday, September 29 2006
284
For example, since he stepped down on March 21 2005, Nujoma has received foreign dignitaries from countries
Zimbabwe, China and South Africa
81
traveled abroad on State related affairs285and he stayed on as UNAM Chancellor after the
official end of his rule. Also, Nujoma received a higher salary than President Pohamba.286
Furthermore, a large section of the country’s population also continued to perceive

Nujoma as both the real Swapo Party President and Namibian Head of State, while
President Pohamba continued to be perceived as a subordinate or a second class Head of
State. Pohamba’s indecisiveness and inaction only helped to consolidate the widespread
perception that he exercised no authority and that he is Nujoma’s stooge and or
subordinate.287Several indicators appear to unanimously point to this perception of
President Pohamba:
Addressing a public rally in Windhoek on September 21 2008, RDP Secretary General

Jesaya Nyamu expressed concern that Namibia was “the only country in the world being
governed by two presidents with the unelected one having more powers than the elected
one”.288
In a public utterance deemed as “offensive, dishonorable and disrespectful towards or

underestimating, minimizing, diminishing and or even dismissing” President Pohamba as
a competent Head of State and Government, pro-Nujoma Swapo Party leader Hilma
Nicanor implied on April 22 2007 that she and other pro-Nujoma Swapo Party activists
preferred Nujoma over Pohamba as president of the Swapo Party when she said: “We find
the leadership we desire in him and want to tap more from his wisdom”.
According to Nicanor, despite being the Head of State and Government, President
Pohamba should remain Swapo Party Vice President.289According to a report in the State-
funded and pro-Nujoma New Era newspaper, Nicanor also remarked that “Nujoma has
proven to be a quality leader since the inception of the party” and she and other Swapo
Party members felt that Pohamba should “remain the vice-president”.290
285
For example, during the period under review Nujoma traveled to China and Zimbabwe and State matters
286
“21 Million-Dollar Office For Nujoma”, Press Release, NSHR, October 20 2008
287
“18 months under President Pohamba”, The Namibian online, Friday, August 18 2006
288
“’SPYL allegations have no substance’”, New Era online, September 22 2008
289
“My fellow countrymen!”, New Era online, May 11 2007 and “More Regions Back Nujoma”, New Era online, May
7 2007
290
“More Regions Back Nujoma”, New Era online, May 7 2007
82
In a book titled 'Legacies of Power - Leadership Change and former Presidents in
African Politics' published in August 2006, reputable Namibian academic Dr. Henning
Melber expressed doubts as to whether President Pohamba will be able to exercise his
authority independently.291
On August 17 2006 NSHR executive director and political analyst Phil ya Nangoloh
urged Nujoma to “make a clean and clear cut and entirely retire from active politics and
leave the Swapo Party presidency to Pohamba”.292
Also writing in The Namibian on August 12 2006 an anonymous letter writer expressed
shock, disappointment and disillusionment over the “inaction” of President Pohamba and
referred to the Head of State as an “indecisive and a weak leader” as well as “a leader
who cannot make tough decisions”.293
On May 12 2006 another letter writer also lamented President Pohamba’s “inaction” on
corruption and commented that since Pohamba took office in March 2005, things “have
not yet taken a turn for the better”. This writer also expressed the hope that the President
“showed that he has the necessary political will to give effect to his promises to deal with
corruption”.294
Through her weekly Political Perspective column in The Namibian on January 27 2006
political analyst Gwen Lister wondered as to how long can Pohamba’s “inaction” is
excused on the grounds of Nujoma’s apparent reluctance to relinquish his Swapo Party
presidency to President Pohamba.295
In an opinion piece published on December 22 2005 renowned Namibian analyst Dr. Joe
Diescho noted that, while President Pohamba’s statements in general and his inaugural
speech in particular “contained all the factors that Namibians had been wanting to hear
and had not heard since Independence” and that President Pohamba “actually arrived with
a gentle bang when he proclaimed that he would personally see to it that corruption,
291
292
293
“Can Pohamba Do What Is Necessary?” The Namibian online, Friday, August 12 2005
294
“Inaction Is Also Corrupt”, The Namibian online, Friday, May 12 2006
295
“Political perspective”, The Namibian online, Friday, January 27 2006
83
maladministration, malpractice, misuse of State resources and graft would be interred in
the past, “one year later, one discerns several weaknesses in the Pohamba Administration
that are cause for concern”.296
Dr. Diescho also said that, although President Pohamba created the expectation that he
would champion national unity in ways that would demonstrate to the nation and the
world that he was a man of the people, “what has become evident is that Pohamba was
more of a Swapo Party Vice President than the leader of the nation. Almost everything
Pohamba did have to be processed through the party leadership, which means that
Nujoma must approve it”.297
Diescho also noted that President Pohamba’s inaction, indecisiveness and silence led to
widespread public perception that Nujoma was the de facto leader not only of the Swapo
Party but also of the country and that Nujoma was Pohamba's boss. Expressing hope that
“there will never come a time when the Namibian people will be so disappointed,
dissatisfied and disenchanted with Pohamba's leadership”, Diescho cautioned that, if
Pohamba continued to “act as he did in 2005, with the right words yet at a slow pace, if
not inaction, he is likely to succeed in disappointing more and more Namibians”.298He
therefore urged President Pohamba to “become his own man” and strengthen the
perception that he is the conscience of the nation.299
One of the clearest indicators of Pohamba’s subordination to Nujoma occurred on

December 5 2006 when Pohamba’s motorcade was pulled over from the main road at
Ongwediva in order to give way to Nujoma’s cavalcade.300
2.1.22. General Political Intolerance
Namibia’s faltering democratization process and threats to the right to political security
have also been greatly enhanced by ZANU-PF-style political intolerance coming from
296
297
298
299
300
Internal monitoring reports, NSHR, Oshakati, December 5 2006 and “CoD's Ulenga slams Presidential convoy
confusion in north”, The Namibian online, Friday, December 8 2006
84
certain leaders of the ruling Swapo Party. Despite their oath or affirmation in terms of
NC,301members of the Executive branch have systematically engaged in flagrant
violations of the right to freedom of expression and opinion, conscience, thought, belief,
association and assembly for other citizens. In most cases these violations are aimed at
Opposition political parties, human rights defenders, the independent media and other
civil society actors in the country.
Through its annual Namibia Human Rights Report since Namibian independence on
March 21 1990, NSHR has systematically recorded numerous incidents of vitriolic verbal
attacks on Swapo Party and or Nujoma critics. For example, a total of 39 attacks on the
freedom of expression and opinion were monitored during the 2007 reporting period. It is
also noteworthy to indicate that 29 of the 39 attacks were carried out in the name or in the
defense of Nujoma with either his knowledge or acquiescence.302During the period under
reporting, political intolerance has the following manifestations:
2.1.22.1. Hate Expression
Hate speech refers to written or oral speech intended to degrade, denigrate, intimidate, or
incite violence or prejudicial action against a person or group of people based on their
race, gender, age, ethnicity, nationality, religion, sexual orientation, language ability,
ideology, social class, occupation, appearance, mental capacity and any other distinction
that might be considered by some as a liability.303Hate expression has been manifesting
itself through verbal and, sometimes, physical attacks on real or perceived Swapo Party
and or Nujoma critics.304Often at the receiving end are independent civil society actors,
high court judges, the Opposition, Europeans and sexual minorities as well as members of
certain national, ethnic or linguistic groups in the country.305
301
Articles 30, 32(1), 38, 55 and 71 of NC
302
“Freedom from Attacks on Freedom of Expression and Opinion”, Summarized Extended Namibia Human Rights
Report 2007, November 13 2007, p.36
303
http://en.wikipedia.org/wiki/Hate_speech
304
“Freedom of Assocition”, Namibia: Human Rights Report 2000 and “Comprehensive Report: Political intimidation
on the increase”, For Immediate Release, NSHR, November 17 1999
305
“Fundamental Freedoms” and “Freedom from Discrimination”, Namibia Human Rights Report 2004, NSHR, August
3 200, p.92-119 and p.74-91, respectively
85
During the period under review, hate expression has become even more pervasive in the
country. This state of affairs has alarmed NSHR, President Pohamba and certain
influential politicians, traditional leaders and spiritual leaders as well as the Police and
ECN:
For example, on October 26 2008 ECN warned that it could declare the by-election null
and void if incidents of provocations, harassment and intimidation as well as violence
continue against Swapo Party and or Nujoma critics. Addressing a press conference ECN
Chairperson Victor Tonchi said ECN could declare any election null and void if it
becomes evident that the prevailing political atmosphere and playing field in the run-up to
such an election is not level. Tonchi said that ECN was disturbed by “recent media
reports relating to incidents of political violence, intimidation and harassment perpetrated
by supporters of “various political parties”, while canvassing for votes and campaigning
in the Tobias Hainyeko constituency”.306
On October 23 2008 NamPol Inspector General Sebastian Ndeitunga issued a stern

warning to “both political parties” and the public at large against intolerant behavior and
the resultant violence.307Speaking at a function marking the International Day of
Democracy on September 18 2008, ELCRN Bishop Dr. Zephaniah Kameeta similarly
also strongly warned Namibians against “going down the same road as we have seen
recently in Kenya and in Rwanda in 1994”.308Dr. Kameeta issued a stern warning against
“glorifying tribalism and ethnic divisions” which could seriously threaten Namibia's
development, peace, security and stability. Therefore, Bishop Kameeta strongly urged
Namibians to practice tolerance and live according to the principle of unity in diversity
“so that the ugly things of the past” would not be repeated again.
On August 15 2008, following its 73rd session held in Geneva between July 28 and
August 15 2008 CERD censured GoN over the practice of hate speech by high-ranking
306
Internal monitoring reports, NSHR, October 26 2008 and “Hainyeko Poll to Go Ahead”, New Era online, October 27
2008
307
Internal monitoring reports, NSHR, October 23 2008 and “Police Chief warns against poll violence”, New Era
online, October 24 2008
308
Internal monitoring reports, NSHR, September 18 2008 and “Kameeta warns against tribalism”, The Namibian
online, Monday, September 22 2008
86
GoN and Swapo Party officials and CERD also strongly recommended that GoN must
review its laws in order to prevent, combat and punish hate speech.309
On August 13 2008 Bishop Kameeta also expressed concern that Namibia has “lost its
soul”. In this regard, Kameeta cited inter alia the “ongoing conflicts at political party,
tribal and community level” as well as “the lack of respect among people, selfishness,
lack of unity, lack of common purpose as citizens of one country” as some of the
principal manifestations of the fact that Namibia has lost its soul. He then called for “an
urgent national conference” to help Namibia find its “lost soul”.310
On May 15 2008 Council of Traditional Leaders (CTL) Chairperson and Ondonga King
Immanuel Kauluma Elifas expressed concern over “growing political intolerance” in the
country. King Elifas urged “all political leaders and party members in the country to
exercise their political activities in a spirit of peace, mutual understanding, tolerance,
democracy and national reconciliation”.311King Elifas also lamented the fact that the
political environment prevailing in the country was “permeated by hatred and the
promotion of character assassination, libelous statements made against each other, serious
instigations and the carrying of weapons at meetings”. He also warned: “This will not
bring us anywhere”.312
On March 20 2008, The Namibian newspaper published a statement in which respected

former CCN General Secretary Dr. Abisai Shejavali strongly warned against escalating
political violence and intolerance especially in the northwestern parts of the country. Dr.
Shejavali noted:
“If there is anyone of the leaders of the political parties or in the Government
inciting you or telling you to deny water to another person or telling you to boycott
another person’s business, simply because that person is a member of a different
309
“UN censures GoN over race treaty”, Press Release, NSHR, August 20 2008, “UN lambastes the country for
discrimination”, The Namibian online, August 21 2008 and “Namibia: UN lambastes the country for discrimination”,
http://www.afrika.no/Detailed/16990.html
310
“Church calls for national Indaba”, New Era online, Thursday, August 14 2008
311
Internal monitoring reports, NSHR, May 15 2008 and “Chiefs urge restraint”, The Namibian online, Friday, May 16
2008
312
Internal monitoring reports, NSHR, May 15 2008 and “Chiefs urge restraint”, The Namibian online, Friday, May 16
2008
87
political party, bear in mind that the one who incites you does not want our nation
to have peace and harmony. Such a leader is not fit to lead people”.313
On March 13 2008 the United Church Council of the Evangelical Lutheran Church in
Namibia (UCC-ELCIN) also expressed concern “over growing political intolerance” in
the country.314In a widely circulated “Letter to the Namibian Nation” issued on March 12
2008, NSHR also expressed concerned about widespread political hate speech in the
country.315
On March 7 2008 NamPol Inspector General Sebastian Ndeitunga called on all political
party leaders in the country to tell their members to refrain from violence and practice
their political activities democratically. General Ndeitunga appealed to political leaders
and their supporters to adhere to NC, which guaranteed the right of everyone to belong to
a political party of his or her choice. Ndeitunga said the problem lay with political leaders
who instigated violence in violation of both NC and Police orders.316
On February 29 2008 MIB Minister Netumbo Nandi-Ndaitwah unequivocally urged

Swapo Party supporters to refrain from physically attacking anyone because of their
political affiliation. Mme Nandi-Ndaitwah was addressing a Swapo Party rally at Omauni
village, some 110 kilometers east of Eenhana, in the Ohangwena Region, when she made
the call. On March 1 2008, President Pohamba also called upon “all [political] parties,
including the Swapo Party, [to] ensure that their members do not resort to any politically
driven violent activities”.317
On February 15 2008 both President Pohamba and NA Speaker Dr. Theo-Ben Gurirab
expressed concern over the current levels of political intolerance plaguing the country and
both warned against the ugly consequences, which might result from the high levels of
political hatred prevailing in the country. Referring the escalating intolerance and
growing incidents of political hate expression in the country on February 16 2008, NSHR
313
“NAMIBIA: NSHR - Ugly Allegations Against Namibian Police”, Press Release, NSHR, March 17 2008
314
“Open letter by United Chruch Council-Namibia”, UCC-NELC, March 13 2008
315
“Letter to the Namibian Nation”, Human Rights Information, NSHR, March 12 2008
316
“Police chief worried about weapons, political violence”, The Namibian online, Monday, March 10 2008
317
“NAMIBIA: NSHR - Now Pohamba Sees The Right”, Press Release, NSHR, March 3 2008 and “NAMIBIA: NSHR
- Now Pohamba Sees The Right”, The Shebeen online, March 3 2008
88
executive director Phil ya Nangoloh also accused “our leaders [of] failing our nation by
failing to instill in the minds of our people the values and dispositions of political
tolerance as well as of failing to foster genuine national reconciliation and unity in
diversity as well as common loyalty one Constitution and one State”.318
Widespread hate expression and other intolerance in the country has also prompted
President Pohamba to once more call on all political leaders to “urgently speak to their
members” to ensure that no one engages in politically motivated violence. Speaking at a
Swapo Party rally held at Keetmanshoop in the Karas Region on March 1 2008, President
Pohamba also reminded the country of the Kenyan situation where over 1 000 people
have died from politically motivated clashes.319
2.1.22.2. Anti-Kwanyama Hysteria
Political intolerance and other threats to political security in the country also manifested
themselves prominently through attacks on honor and reputation, hostile propaganda and
incitement to hate crime, demonization of especially political opponents and or Swapo
Party critics as well as through racism, racial discrimination, related intolerance, such as
xenophobia and homophobia.
The period under review saw a dramatic crescendo of hysteria directed against especially
the country’s ethnic OvaKwanyama and, to a certain extent also Aandonga, people
because of real or perceived RDP ties. This form of hatred has been particularly coming
from both those high-ranking and low-ranking Swapo Party members who are Nujoma
loyalists. As the period under review ended, there were several indicators of deep-rooted
and widespread Kwanyamophobia in the country:
On October 26 2008 said in a Press Release NSHR said that it remained deeply alarmed
by continuous intensification of “deep-rooted racial hatred directed against the
OvaKwanyama people of Namibia”.320
318
319
“President Appeals for end to violence”, New Era online, March 3 2008
320
“Alarm about intensified ethnic drive”, Press Release, NSHR, October 26 2008
89
In a Press Release issued on October 22 2008 Office of the President Executive Director
and former Ambassador Ndali-Ché Kamati expressed “frustration and dismay” over what
he inter alia described as an “ongoing campaign of ethnic political cleansing” to rid the
ruling Swapo Party, the public service and the Office of the President of ethnic
OvaKwanyama people. Ambassador Kamati warned that the consequences of the anti-
OvaKwanyama drive would negatively affect the unity and cohesiveness of the Swapo
Party and may lead not only to weakening the ruling party but also lead to its possible
disintegration.321
Similarly, in a letter published in the local media, Namibian High Commissioner to

Botswana Hadino Timothy Hishongwa also expressed concern about what he described
as “ethnic cleansing” committed by certain elements in the Swapo Party who have “a
tendency of targeting a few Swapo Party cadres from two ethnic groups accusing them of
disloyalty to the Swapo Party”.
Specifcally, High Commissioner Hishongwa referred to SPYL lists submitted to the

Politburo in which ethnic Kwanyama and Ndonga Swapo Party cadres are accused of
being sympathizers of the newly founded political parties. Like Ambassador Kamati,
High Commissioner Hishongwa also warned that “ethnic cleansing” was a dangerous sing
and warned that “these elements have an agenda of sabotaging and undermining the
Swapo Party and its Government” and that this “situation may end in an ungovernable
state of affairs in the country”.322
On June 13 2008, political analyst and veteran journalist Gwen Lister also warned against
anti-OvaKwanyama sentiments which, she noted, was getting out of hand in the
country.323Lister’s warning came after Swapo Party’s Ondobe Constituency and
Ohangwena Region Councilor Mandume Pohamba on May 31 2008 accused
OvaKwanyama traditional leaders and in particular OvaKwanyama Queen Martha
Kristian Nelumbu of being “sell-outs” and “known traitors” as well as of having betrayed
the liberation struggle for Namibian independence. Addressing a Swapo Party rally at
321
“Kamati Denies RDP Links”, The Namibian online, October 24 2008
322
“Response by Mr. Hadino T Hishongwa to allegations made during the recent meetings of the Swapo Central
Committee and the Politburo”, Republikeine online, Tuesday, December 2 2008
323
“Political Perspective”, The Namibian online, June 13 2008
90
Edundja village Councilor Pohamba also accused OvaKwanyama traditional leaders of
“blindly supporting and joining” RDP adding that he wanted to know as to what was
“wrong in the heads of the OuKwanyama Traditional Authority leaders”.324
In a strongly worded reaction to, among others, Councilor Pohamba’s hate expression; the
Oukwanyama Traditional Authority (OTA) addressed a petition to Swapo Party’s
Ohangwena Governor Usko Nghaamwa in which OTA Chairman Senior Headman
George Nelulu said people like Pohamba were deliberately “sowing the seeds of hatred as
well as ethnic division and tensions”.
Senior Headman Nelulu told Governor Nghaamwa that OTA took exception to being
labeled as having betrayed the liberation struggle and the allegation that it is working
against the wishes of the majority and also reminded Councilor Pohamba of the May 15
2008 warning to political leaders issued by Ondonga King and CTL Chairman Immanuel
Kauluma Elifas not to engage in hate speech that stirs up political tensions.325
Speaking in NA on June 11 2008 Prime Minister Nahas Angula said that “Africans
should not be foreigners in any African country” and it is about time that “political
leaders at all levels exercise restraint in their opposition to competing groups by invoking
tribal issues instead of dealing with their opponents on merit”.326Several Opposition MPs
also expressed concern about Kwanyamophobia and described the negative attitudes
towards the Kwanyama tribe as “internal xenophobia”.327
In a Press Release issued on June 8 2008, NSHR said that it condemned “in the strongest
possible terms”, the latest verbal attacks by the ruling Swapo Party on the OvaKwanyama
Traditional Authority […] characterized by flimsy and sweeping accusations [and which]
are viewed by some analysts and certain prominent Oshikwanyama-speaking people as
324
Internal monitoring reports, NSHR, May 31 2008; “Swapo leaders in Ohangwena stir tribal tensions”, The Namibian
online, Wednesday, June 4 2008 and “Political Perspective”, The Namibian online, June 13 2008
325
“Kwanyama chiefs hit back against insults”, The Namibian online, Wednesday, June 11 2008
326
Internal monitoring reports, NSHR, June 11 2008; “Political Perspective”, The Namibian online, June 13 2008 and
“Xenophobia also in Namibia, says MP”, The Namibian online, Thursday, June 12 2008
327
Internal monitoring reports, NSHR, June 11 2008 and “Xenophobia also in Namibia, says MP”, The Namibian
online, Thursday, June 12 2008
91
part of a systematic witch-hunt against Namibia’s OvaKwanyama community as a
whole.328
While in yet another Press Release issued on October 26 2008 the Human Rights
Organization expressed alarm about “intensified ethnic drive” and that since 1996 it “has
recorded several ominous signs of growing racial odium targeting influential members of
the Ovakwanyama tribal group in the country’s, political, military, police and intelligence
establishments”. According to NSHR, this “state of affairs has been manifesting itself
through a chronic double-barrel exclusion of ethnic OvaKwanyama people, at the ruling
Swapo Party, Government, religious and traditional levels” and that the anti-
Ovakwanyama drive “includes real or perceived marginalization of the Ohangwena
Region in terms of socio-economic development and essential infrastructure, such as
roads, healthcare and water facilities”.329
In an SMS addressed to Nujoma on November 28 2007, an unidentified citizen had this to

say: “Nujoma’s name-calling and incitement against RDP leaders is dangerous. Does he
understand the meaning of ‘enemy of the country?’ Please, please refrain from
inflammatory speech that could have disastrous results”.330
On November 28 2007 another SMS writer remarked inter alia that the Swapo Party has
turned into “a real tribal organization having become anti-OvaKwanyama”.331
In its editorial column on August 4 2006, The Namibian newspaper also lamented GoN’s
failure to publicly condemn the publication on July 7 2006 in the GoN mouthpiece, New
Era, of a highly inflammatory letter targeting the OvaKwanyama people.332
In an indirect reference to the anti-Kwanyama drive within the Swapo Party, Damara
Paramount Chief and UDF President Justus //Garoeb said in a Press Statement issued on
January 6 2005 slammed “inner-party political cleansing and witch-hunting” occurring in
328
“Namibians must wake up to political intrigues”, Press Release, NSHR, June 8 2008
329
“Alarm about intensified ethnic drive”, Press Release, NSHR, October 26 2008
330
“SMSes of the Day: Wednesday”, The Namibian online, Wednesday, November 28 2007
331
“SMSes of the Day: Wednesday”, The Namibian online, Wednesday, November 28 2007
332
“Saying ‘No’ To All Hate Speech”, Editorial, The Namibia online, August 4 2006
92
the ruling Swapo Party against those who have had the courage to express different
viewpoints.333
Addressing the media on December 13 2005, former Swapo Party Politburo member and
former MTI Minister Jesaya Nyamu accused Nujoma of leading a group of “strategically
placed people from the Omusati Region” that are hell-bent on destroying anyone--
especially OvaKwanyama--who questions Nujoma’s leadership. Nyamu also said Nujoma
was causing divisions among Swapo Party members and was destroying collective
leadership.334
2.1.22.3. Demonization and Scapegoating
Demonization refers to wartime-style hostile propaganda that demonizes the enemy

through inter alia the characterization or portrayal of certain individuals or racial or social
groups, political bodies as diabolically evil or inherently inimical with the view to incite
public hatred towards those being demonized.335
Similarly, scapegoating refers to a routine of hostile social - psychological discrediting

routine or the deliberate policy of blaming individuals or group of persons, such as a
tribal or racial group, for one’s own failures with the view to divert public attention away
from the real issues and or incite public anger against those scapegoated in order to
further the often evil political causes of the scapegoaters.336
Scapegoating and demonization has therefore often led to verbal and physical violence
and other acts of intolerance, such as hate crimes, which include the assassinations of
those being targeted. Throughout history, a myriad of people have been scapegoated and
or demonized and or otherwise wrongly persecuted merely for belonging to a specific
social or political group. For example, during his rule, German dictator Adolf Hitler
333
Internal monitoring reports, NSHR, January 6 2005 and “UDF slams ECN, Swapo 'witch-hunt'”, The Namibian
online, January 7 2005
334
335
http://en.wikipedia.org/wiki/Demonization; www.audioenglish.net/dictionary/demonization.htm; and
www.thefreedictionary.com/demonization
336
http://www.scapegoat.demon.co.uk/
93
blamed the Jewish people for Germany’s defeat during World War I as well as
Germany’s other post-war woes.
Like any and all other forms of intolerance, demonization and scapegoating are
incompatible with the human rights principles consecrated in NC337 and ICCPR.338
However, politically motivated scapegoating and demonization, coming from especially

then Swapo Party and Namibian President Nujoma and his supporters, have been
widespread in the country since Independence.339 Over the years since Namibian
independence in 1990 Swapo Party critics have systematically been labeled “renegades”,
“traitors”, “reactionaries”, “imperialists”, “enemies of the people” and or “enemies of the
state”. For example:
Since 1996 high-ranking Swapo Party leaders, led by then party President Nujoma, have
been systematically indulging in the demonization and scapegoating as well as other
forms hate expression and incitement to violence directed against inter alios political
opponents or critics who were often intentionally portrayed as “enemies of the people” as
well as against sexual minorities340 and racial groups such as whites and Europeans341,
Ovimbundu and the OvaKwanyama people.342
Speaking at public rally held in the Katutura Sports Stadium on or around July 6 2003
Nujoma, led other high-ranking Swapo Party officials in branding the Opposition CoD
party as the “enemy of the people”.343At the same occasion, a male elder Swapo Party
member went even further by repeatedly calingl upon the audience and NBC listeners
337
Articles 13, 17, 21 and 23 of NC
338
Articles 17, 18, 19 and 20 of ICCPR
339
340
“The treatment of sexual minorities”, Minorities in Independent Namibia, Minority Rights Group International,
London, 2002, p.18 and “Amnesty takes issue with Nujoma's anti-gay threats”, The Namibian online, Monday, April 2
2001;“International confidence in Namibia damaged by anti-gay attacks”, Afrol news online, May 11 2001;
“Persecution: Lesbian and Gays Rights”, www.hrw.org/wr2k1/special/gay.html
341
“Namibia warns ‘racist’ farmers”, BBC News online, May 3 2004; “Nujoma threatens to expel ‘Boers’: Freedom
from Discrimination”, Namibia Human Rights Report 2003, August 11 2003, p.79; “Whites and NGOs accused of
sowing tensions: Freedom from Discrimination”, Namibia Human Rights Report 2003, August 11 2003, p.72 and
“Nujoma makes racist, homophobic remarks: Freedom from Discrimination”, Namibia Human Rights Report 2004,
August 2004, p.82
342
“Ethnic targeting of ethnic Ovimbundu people: Freedom from Discrimination”, Namibia Human Rights Report 2000,
p. 64-68 and “Hate expression targets Kwanyama people: Freedom from Discrimination” Namibia Human Rights
Report 2006, October 2006, p.175-177
343
“CoD Branded ‘The Enemy’ of the People”, Namibia Human Rights Report 2003, August 11 2003, p.65
94
countrywide to treat CoD as “any other enemies of the Namibian people” during the then
upcoming regional and local elections.344
The situation deteriorated rapidly as from 2004 onwards. For example, since 2004 a
poisonous Internet letter writer under a pseudonym of ‘Ananias Nghifitikeko’, and who is
praising Nujoma, has been circulated highly defamatory e-mails demonizing real or
perceived Nujoma challengers and or critics, such as HH, President Lucas Hifikepunye
Pohamba and or other ethnic OvaKwanyama leaders as well as other prominent
Opposition leaders, media practitioners and human rights defenders.345
In its editorial column on August 4 2006, The Namibian newspaper urged local politicians
to avoid hate speech at all costs. The newspaper proposed that legal repercussions be
instituted against those indulging in hate expression. In this regard, the newspaper
accused MIB Minister Netumbo Nandi-Ndaitwah of double standards for failing to speak
out against “inciteful and inflammatory statements attributed to former President Sam
Nujoma [which his office has not denied]” as well as other high-ranking Swapo Party
office bearers, such as SPYL Secretary General Paulus Kapia.346
On February 9 2007 two prominent Swapo Party leaders also accused Nujoma, whom
they indirectly referred as “the power-that-be”, of inter alia a “witch-hunt victimization
and vilification” campaign of labeling others in the party “imperialists”.347
During the period under review, demonization, scapegoating as well as obfuscation

intensified even further and have assumed even dangerous dimensions with the formation
of RDP in 2007. Several Swapo Party instances that clearly spoke in the name or defense
of Nujoma have engaged in various forms of demonization, obfuscation and scapegoating
344
“CoD branded “enemy” of the people”, Press Release, NSHR, Windhoek, July 6, 2003 and “NSHR on Nujoma”,
Nampa online, July 7, 2003; “CoD rejects blame game”, The Namibian online, Monday, July 7 2003 and “CoD still
confident about challenge”, The Namibian online, Friday July 25 2003
345
“Mystery Document Targets HH” and “Nujoma Demonizes Ulenga, HH & TAGOMA”, Namibia Human Rights
Report 2004, August 3 2004, p.18-19
346
347
and “Saying NO to Undemocratic Practices in Swapo Party”, The Namibian online, Friday, February 9 2007
95
against Opposition leaders, human rights defenders and certain media practitioners in the
country.348
Swapo Party critics have often been dehumanized and demonized as “cockroaches”,
“dogs”, “snakes”, “house geckos”, “dogs”, “criminals”, “thieves”, “pathological liars”,
“agents”, “agent provocateurs”, “vocal minorities”, “witches” as well as “homosexuals”,
“prostitutes” and “bastards”.349
Demonization and scapegoating have often also led to prejudicial attitudes and
discriminatory acts against those targeted. This includes the denial of employment in the
public or private sector and other economic security rights and privileges, such as old-age
pension, war veteran subvention, drought relief or housing. Those scapegoated and
demonized have often also been subjected to exclusion, ostracism or even expulsion from
their homes, communities and organizations. Scapegoating and demonization have also
become the order of the day and been manifesting themselves in terms of the social
stigmatization, witch hunting, villifaction and name-calling as well as attacks on the
honor and reputation of real or perceived political opponents.350For example:
At a political rally held on February 10 2008, several Swapo Party leaders directed hate
speech at, among others, RDP President Hidipo Hamutenya, RDP Secretary General
Jesaja Nyamu and RDP’s Coordinator for the Oshikoto Region, Ismael Shailemo. The
said RDP leaders were also described inter alia as “criminals”, “liars” and “botsotsos”.351
While addressing Swapo Party rallies at Oranjemund on November 16 2007 and March
10 2008 that SPYL activist Lazarus Nangolo alleged that RDP supporter and Oranjemund
businessman Stephanus ‘Steven’ Unoovene’s business had received money “stolen” by
RDP leader Hidipo Hamutenya. Hence, in a defamation case heard on July 18 2008, the
High Court ruled on October 10 2008 that Nangolo was guilty of defaming Unoovene and
348
“Exposing scapegoating, obfuscation, scare tactics and fear-mongering in the name of the Swapo Party”, Press
Release, NSHR, April 16 2008
349
“Letter to the Namibian Nation”, Human Rights Information, NSHR, March 12 2008
350
Since 2004 NSHR has recorded numerous incidents whereby by high-ranking ruling Swapo Party officials have
accused of discriminating in terms of social and political rights against members or supporters of the Opposition
political parties especially members of CoD, DTA and now RDP in the public service
351
“Anti-Kwanyama antics at Okahao and Oshigambo”, Press Release, NSHR, February 11 2008
96
directed Nangolo to pay to Unoovene an amount of N$60 000 in punitive damages. High
Court Judge Kato van Niekerk ruled that Nangolo’s statements harmed his honor and
reputation and also caused Unoovene to suffer financially.352
On July 3 2008, Local Government and Housing Minister Jerry Ekandjo made racist
statements against whites and members of certain ethnic minority groups in the country,
such as the Nyemba people.353Responding to questions from MAG Opposition party
lawmakers in NA, Ekandjo also urged blacks not to trust “whites and Boers in the country
because they were killers”.354
In its Concluding Observations released on August 15 2008 the Commitee on the

Elimination of all Forms of Racial Discrimination (CERD) also expressed concern about
hate expression and other tendencies to “target, stigmatise, stereotype or profile persons
and communities on the basis of race, color, descent, or national or ethnic origin,
especially by politicians”. CERD urged GoN to take firm action and “ensure that the
exercise of the right to freedom of opinion and expression carries special duties and
responsibilities”.355
In another incident on November 29 2007 SPYL accused the NBC management of

“sharing the same affinity with [RDP]” as well as “[sympathizing with] the enemies of
Swapo Party in the form of NSHR, MISA and RDP”.356
Furthemore, during 2007, the Swapo Party’s “cultural troupe” known as “Ndilimani”
produced a highly libelous album titled Ndilimani Vol.5 by which, among others, NSHR
executive director Phil ya Nangoloh, RDP President and Secretary General Hidipo
Hamutenya and Jesaya Nyamu, respectively, as well as CoD President and Secretary
General Ben Ulenga and Ignatius Shixwameni, respectively, are being demonized. In
songs numbers 5, 6 and 13 these leaders are inter alia labeled and their honor and
reputation attacked as “dogs of [former apartheid South African President P W) Botha”
352
Unoovene v Nangolo (Case no: I 1082/08)[2008] NAHC 113 (10 October 2008, www.saflii.org/na/cases
/NAHC/2008/113.html
353
“Xenophobia also in Namibia, says MP”, The Namibian, Thursday, June 12 2008, p.3
354
“Whites were 'killers': Ekandjo”, The Namibian online, Friday, July 4 2008
355
paragraph 14, “Consideration of Reports submitted by States Parties under Article 9 of the Convention”, Committee
on the Elimination of Racial Discrimination, Seventy-third Session, July 28 -August 15 2008
356
“SPYL sees enemies everywhere”, The Namibian online, Monday, December 3 2007
97
and “traitors who are disliked by the people”.357These songs were then distributed and
played through jukeboxes in shebeens throughout the country.
Fearing this form of exclusion, many citizens, including certain Opposition politicians as
well as traditional leaders have been compelled to ‘surrender’ to the Swapo Party.358
2.1.22.4. Attacks on Pohamba
Political intolerance also manifested itself through a series of high profile attacks on the
person of President Pohamba and several moderate members of his Cabinet. Specifically,
Nujoma loyalists targeted Prime Minister Nahas Angula and Deputy Prime Minister
Libertina Amathila as well as Works and Transport Minister Helmut Angula. Most of
these ceaseless and ignonimous attacks came from Nujoma loyalists within SPYL and
NUNW and were apparently intended to unseat the President. Some Nujoma activists in
SPYL threatened to make or break Pohamba’s Presidency just as the ANC Youth League
has managed to do in the case of South African President Thabo Mbeki.359
For example, on September 18 2008, SPYL Economic Affairs Secretary Veikko Nekundi
questioned President Pohamba’s sincerity vis-à-vis combating corruption and instructed
the President to dismiss Transport Minister Helmuth Angula and MET Minister Willem
Konjore to “show he is serious with the song he sings about corruption”. According to
Nekundi, SPYL members had “enough of Government deciding how to run the country
and want the Cabinet and senior leaders to take orders from the party's head office more
seriously”.360
During a “tense” Swapo Party Central Committee meeting held in Windhoek on August 2
2008, Nujoma loyalists accused President Pohamba of “not consulting with the party” on
policy issues as well as of centralizing decision-making around only three officials in his
357
“Ndilimani Vol. 5”, Ndilimani Cultural Troupe, Swapo Party, 2007
358
Throughout the period under review the media has been reporting on hundreds of citizens allegedly voluntarily
joining the ruling party
359
“Swapo issues veiled threat to its leaders”, The Namibian online, September 22 2008
360
“SPYL throws down gauntlet”, The Namibian online, Friday, September 19 2008
98
office.361Similar attacks by Nujoma loyalists were directed against Prime Minister Angula
and Deputy Prime Minister Amathila for inter alia “non-performance”.362Angula
reportedly suggested that a “third force” was behind SPYL and NUNW statements and
accused Swapo Party Secretary General and Nujoma loyalist Pendukeni Iivula-Ithana of
being part of the“third force”.
2.1.22.5. Hate Crime
Hate crime refers to the politically motivated injury of a person because of his or her
affiliation to a certain group usually defined by racial, ethnic, religious, sexual orientation
or political membership in such a group.363Hate crime manifests itself on numerous
occasions and in various forms, such as physical assault, character assassination, crimen
injuria and other verbal abuse or insults or damage to personal property.
Since Namibian independence, hate crime has assumed various forms in the country. This
included summary executions, torture, and severe deprivation of personal liberty,
enforced disappearances as well as mass expulsion or transfer of certain population
groups from certain areas of the country as well as issuance of death threats often directed
against Swapo Party opponents and or GoN critics. Hate crime has also manifested itself
through the summary dismissal and or exclusion from the public service of real or
perceived RDP supporters and the “excommunication” of long-serving cadres from the
ruling Swapo Party and the non-recognition of certain traditional authorities as well as
similar other prejudicial acts.
During the period under reporting, mini-scale Zimbabwe-style politically motivated

violence has become the order of the day especially during campaigns for local or
regional elections. Political intolerance in the country has mostly been committed by
Swapo Party supporters and has often culminated in physical violence against RDP
members and, in some instances, has resulted in fatal injuries.364
361
Internal monitoring reports, NSHR, August 1-2 2008 and “Standoff in Swapo”, The Namibian online, Monday,
August 4 2008
362
Internal monitoring reports, NSHR, August 1-2 2008 and “Standoff in Swapo”, The Namibian online, Monday,
August 4 2008
363
http://en.wikipedia.org/wiki/Hate_crime
364
Please refer to incidents listed under Section 9.2 Freedom of Association infra
99
Alarmed by the ever growing political intolerance, anti-Kwanyamaism as well as other
tribal or racially motivated sentiments in the country on February 11 2008 NSHR once
more urged President Pohamba “in his capacity as Namibian Head of State and President
of the Swapo Party to unequivocally pronounce himself on national television against the
ever growing political intolerance”.365
On several occasions Police had to intervene in order to restore law and order by use of
force. Several Swapo Party leaders and activists have also deliberately engaged in vicious
incitement to violence through hurling inflammatory epithets at opponents and critics
during public rallies as well as through incendiary articles or opinion pieces and letters to
the editor often polished in GoN-controlled New Era newspaper and or the Swapo Party
mouthpiece Namibia Today.366For example:
Speaking at a Swapo Party rally held in Walvis Bay on February 9 2008 Nujoma
threatened “blood shed” against Opposition RDP politicians as well as media
practitioners and human rghts defenders for “ignoring and downplaying” the Swapo
Party’s achievements.367
In a remark reminiscent of the incitements to violence by the 1994 genocidaires of

Rwanda, ANC Youth Leader for the Guatenga Province of South Africa, Jacob Kawe,
urged SPYL members to “destroy these political cockroaches, they are in your
kitchen.”368Kawe, who made these inflammatory pronouncements during a rally
organized by SPYL on October 18 2008, was clearly referring to the Namibian
Opposition parties as well as other critics of the Swapo Party.
2.1.23. Fear Factor
Widespread public fear of the ruling Swapo Party among especially the rural population
has been another factor contributing to political insecurity in the country. The fear factor
365
“SWAPO Party Activists Block RDP Rally”, Press Release, NSHR, May 11 2008
366
“Violent talk promotes violent acts”, The Namibian online, Friday, February 15 2008
367
“Internal monitoring reports, NSHR, February 9 2008 and “Nujoma blasts opposition politicians”, New Era online,
Monday, February 11 2008
368
“ANC hate expression lesson for Namibian youth league”, Press Release, NSHR, October 21 2008
100
is exacerbated by ignorance, gullibility, discrimination and political intolerance as well as
by the high levels of hate expression and hate crimes perpetrated against anyone with
viewpoints different from those held by the political leadership of the ruling Swapo Party
under Nujoma.
On March 25 2006, ELCRN Right Reverend Bishop Dr. Zephaniah Kameeta told an
audience of civil society leaders, diplomats and politicians at a Windhoek hotel that there
cannot be a democracy in a social environment in which fear and ignorance is the order of
the day.369
In a Press Release issued on April 16 2008, NSHR accused the Swapo Party of engaing
in a systematic Mugabe-style and or Hitler-style propaganda campaign of scape goating,
obfuscation, scare tactics and fear mongering. The Human Rights Organization singled
out those Swapo Party members “who are closely aligned with former Swapo Party
President Sam Nujoma” of a campaign of “propaganda that is in most material respects
reminiscent of the scape-goating tactics that right-wing and other extremists and
opportunists have used throughout history as a means to shift the blame and responsibility
away from themselves by attributing it to others”.370
In a Press Release issued on Februray 19 2008 NSHR noted that after “having so far
dismally failed to bring about genuine democracy as well as to alleviate the abject
poverty, diseases, unemployment, and gross income disparities and inequities in this
country during the last 18 years”, the Swapo Party now heavily relied on false history and
resorted to scape-goating and or fear-mongering as well as hostile propaganda in order to
perpetuate their personal rule, self-enrichment and corrupt practices at the expense of the
poor and impoverished people in the country.371
369
“Don't idolise leaders, Bishop Kameeta warns”, The Namibian online, Monday, March 27 2006
370
“Exposing scapegoating, obfuscation, scare tactics and fear-mongering in the name of the Swapo Party”, Press
371
“Sustained media attacks and provocation conduct deplored”, Press Release, NSHR, February 19 2008
101
2.1.24. Political Corruption
Political corruption refers to the abuse of State powers by governmental officials to

remain in power through means other than democratic ones and or for personal political
gain. Political corruption includes inter alia when a political leader is favoring his or her
relatives (i.e. nepotism), personal friends (i.e. cronyism) and or favoring supporters (i.e.
patronage), for example, with government employment on the account of their personal
loyalty to such a leader, rather than their competence to perform.
Political corruption also includes when a political leader abuses public resources and
facilities, such as vehicles, offices and equipment as well as other means in order to
remain in control. Political corruption has serious multiple debilitating effects on politics,
the administration of justice and the management of State institutions and, hence, this
brand of corruption undermines democracy, accountability, transparency, social justice
and good governance as well as the rule of law.
Political corruption has been on the increase in the country especially since 1999 in
management of elections and in legislative bodies reduces accountability and distorts
representation in policymaking while judical corruption compromises the rule of law.
Corruption in public administration results in the unfair provision and inequatable
delivery of essential public services. At the same time, corruption undermines the
legitimacy of government and such democratic values as trust and tolerance. The most
extreme example of political corruption is when the entire state is inherited by the close
relatives of the ruler such as in Cuba, North Korea and Syria where the sons or borthers of
the supreme leaders of those countrries inherit political control from their deceased or
incapacitated fathers and or brothers.372
Lack of governmental transparency, lacking accountability in governance and lacking

freedom of information legislation as well as attacks on the freedom of expression and
opinion and on the freedom of the press as well as a weak rule of law, a weak legal
profession and weak judicial independence are all symptoms and manifestations of a
372
During the period under reporting, there have been several media reports that Nujoma favors his own son,
Utoni Nujoma, to succeed President Pohamba after the 2009 general and presidential elections
102
politically corrupt system of government. Seeking to harm political opponents through
inter alia bringing trumped-up criminal charges and or the portrayal of political
competitors as enemies of the people are also instances of classic manifestations of
political corruption. Polical corruption has been rife and on the increase in Namibia under
Nujoma’s debate-stifling rule.
2.2. STRUCTURAL DEFICIENCIES
In addition to the faltering democratization process, the right to political security has been
severely threatened by several structural factors. These factors also greatly contributed to
the environment where democratization has failed and hence the right to political security
remained threatened in respect of certain individuals and or their organizations. These
structural factors included:
2.2.1. Misguided UN-brokered Transition
The UN-brokered transition from apartheid rule to Namibian independence in 1989

concentrated merely on the right to self-determination from external control. The UN did
very little, if any, in the area of peace building and democracy. Instead, the task of
bringing about the right of individual citizens and communities to self-determination and
political security was left to the incoming post-independence Swapo Party regime under
Nujoma.
2.2.2. Weak and Fragmented Opposition
The fact Opposition parties are weak and fragmented along ethnic or even along tribal
lines this causes Namibia’s faltering democratization process. Most of the political parties
comprise members of certain ethnic groups. For example, the Swapo Party predominantly
comprises Oshiwambo-speaking people, while Opposition UDF, NUDO, MAG and
103
newly formed DPN373also comprise predominantly members of the Damara, Herero,
Afrikaner and Nama communities, respectively.374
2.2.3. Weak Civil Society
Like the Opposition political parties, Namibia’s civil society organizations have been
generally weak, fragmented and without solidarity ties and or networking. The
weakness of civil society has led to the growth of a self-serving elite and totalitarianism
and or authoritarianism has thereby also been made easier. This situation is both
inevitable and inherent in the autocratic375nature of the political system and leadership
heavily dependent on the political environment described under Section 2.1 supra.
Senior Namibian political analyst Dr. Henning Melber explained that more visibility
obtained at different stages since Independence came from civil society agencies like
NSHR, FFF and others who engaged in the promotion of social justice and a human
rights-oriented culture.376This also explains why more often than not, Swapo Party
officials and associated instances, such as SPYL and NUNW, deliberately embark on
campaigns to discredit independent civil society actors, such as NSHR and FFF as well
as others apparently in order to undermine their public image, acceptance and
relevance.377
373
A new political party known as the Democratic Party of Namibia (DPN) whose leadership comprises entirely Nama-
speaking people was formed in the South of the country. Its founders charged that the South has received very little
political attention over the past 18 years of Namibian independence. DPN interim Secretary General Adam Isaaks said
that the South is in fact worse off than before Independence and “that is why we have decided to register the party”. In
particular, Isaaks launched a broadside attack against the ruling Swapo Party and its Government saying they have
isolated people from the South.
374
“Convention on the Elimination of All Forms of Racial Discrimination: The Universality of Human Rights:
Challenges for Namibia”, Human Rights and the Rule of Law in Namibia, Konrad-Adenauer-Stiftung, Macmillan
Namibia, 2008, p.189
375
“Autocratic temptation: Politics in Namibia now”, African Files, Southern Africa Report SAR, Vol. 12 No 3, June
1997, p.3, “Namibia”, Freedom in the world, Freedom House, New York, 2002 and “The State of civil and political
rights”, Namibia Human Rights Report 2004, NSHR, August 3 2004, p.14-15
376
377
“Political Perspective”, by Gwen Lister, September 10 2007 and “Ngurare On Outapi Fracas”, The Namibian online,
November 28 2008
104
2.2.3.1. NUNW
The main NUNW trade union movement has also been generally weak. This has been
mainly due to the fact that the union has been lacking institutional and operational
independence because of its affiliation to the ruling Swapo Party as well as the co-option
of many of its most prominent leaders into the political elite. Since 2004 NUNW leaders
have been closely linked to Nujoma personally and have on numerous occasions come
out strongly defending Nujoma from public criticism.378
NUNW’s affiliation to the ruling Swapo Party and the predicament such affiliation has
created have been a concern that both the media and labor experts over the years. For
example, in a editorial article in 2004 The Namibian newspaper accused NUNW of
silence in the face of widespread violations of workers’ rights, such as earning of pitiful
wages, inadequate housing and other inhuman living conditions, lack of basic
documentation, casualization of labor and other violations.379
The Namibian newspaper also called upon NUNW and or its affiliated trade unions to
become accountable to their membership as well as to develop overall effective strategies
for influencing broader socio-economic policies in favor of workers and the poor. The
Namibian also urged NUNW to “re-assess” its affiliation to the ruling party warning that
the gap of alienation of the union leadership from its members would widen even
further.380
A couple of labor and other analysts have expressed concern about NUNW’s “double
image status” and have urged the umbrella trade union body to focus its energies on
workers' rights and issues related to the economy as well as to resolve its chronic
leadership crisis or face losing even more credibility among its support base.
378
“Political Perspective”, by Gwen Lister, September 10 2007 and “Ngurare On Outapi Fracas”, The Namibian online,
November 28 2008
379
“Editorial: Protecting Workers' Rights 'AN injury to one is an injury to all'”, The Namibian online, Friday, August 6
2004
380
“Editorial: Protecting Workers' Rights 'AN injury to one is an injury to all'”, The Namibian online, Friday, August 6
2004
105
At a public lecture held at UNAM in August 2006, labor expert and LaRRI Director
Herbert Jauch noted that the NUNW trade union umbrella was “at a political crossroads
and risked losing its role as an agent of social change unless it can resolve its internal
leadership crisis and find its true ideological voice again”.
Jauch also revealed that the NUNW membership had declined sharply since 1990 and that
the historical alignment between the Swapo Party and NUNW contained both the seeds of
its creation and destruction. Like The Namibian newspaper, LaRRI also noted that
NUNW has become focused only on narrow sector-based interests, losing mass base and
getting embroiled in party-political struggles while its leaders were using it as a political
springboard for personal advancement.381
2.2.4. GoN Largest Employer
In undermining genuine change and the right to political security in the country, the
ruling Swapo Party has also been politically capitalizing on the controlling of State
resources and on the fact that a large number of vulnerable groups have been socio-
economically dependent on the ‘Swapo Party Government’ for welfare. GoN has
remained the largest source of income for at least 1 220 000 citizens in a population of
some 2 million people. This situation has been exacerbated by the fact that the general
public is constantly ‘reminded’ through the waves of NBC that the Swapo Party is “the
only” party which controls State resources. GoN has also been the largest source of
lucrative business contracts for companies in the private sector.
As the period under review ended, GoN employed close to 84 000 civil servants plus the
over 30 000 employed in the various law enforcement agencies. More than 130 000
pensioners382and 85 000 PWDs383as well as over 16 000384war veterans also received
monthly payouts from the State. This is in addition to the more than 640 000 citizens
perennially who faced critical food shortages and who have been dependent on the
381
“Trade unions at a crossroads”, The Namibian online, Monday, August 7 2006 and “May Day, Workers ‘Rights and
the Economy”, The Namibian online, April 28 2006
382
“Tough choices”, The Namibian online, December 15 1998 and “Pensioners’ headaches persist”, The Namibian
online, Tuesday, October 5 2004
383
“85 000 Namibians live with disabilities”, The Namibian online, Tuesday, June 8 2004
384
“Ex-fighters warned”, The Namibian online, Thursday, September 20 2001
106
‘Swapo Party government’ for emergency food aid.385Over 240 000386landless citizens
have also been dependent on the ‘Swapo Party Government’ in respect of resettlement.
Furthermore, the between 1 000 and 2 000 secondary school graduates also depend yearly
on the ‘Swapo Party Government’ for scholarship in order to further their studies in
tertiary institutions. Moreover, the fact that Nujoma has routinely referred to GoN as ‘my
government’ in his public speeches has also led to widespread belief among the generally
gullible and fearful public that they are dependent upon Nujoma personally for their
subsistence.387
Henning Melber lamented the fact that the economic dependence of many citizens on
state agencies or related institutions under the influence of a new elite, the individual’s
deviation from the political mainstream puts his or her material security at risk.
According to Melber, in the absence of any income generating alternatives, this economic
dependence is a major set back for any civil society.388
2.2.5. Opportunism and Politics of Belly
Since rewards have been substantial for those who are loyal or pretend to be loyal to the
ruling Swapo Party and or to Nujoma personally, the control of State resources through
the “Swapo Party Government” has led to widespread opportunism in the country,
motivated by politics of the belly. On the other hand, criticizing the ruling Swapo Party
and or the ‘Swapo Party Government’ not only undermine one’s employment
opportunity, but also one’s social welfare. The cumulative effect of this state of affairs is
that, more often than not, there has been subservience, opportunism and adulation as well
as praise singing for Nujoma.389
385
“Nam on ‘brink of food crisis’”, The Namibian online, October 12 2004, “Namibia: Namibia’s aid appeal ‘ignored’”,
afrol news online, May 4 2004, “Namibia: Appeal for urgent food aid”, afrol news online, March 20 2004, “Govt asks
the world for N$127m in drought aid”, The Namibian online, Friday, November 21 2003, “Drought aid food
distribution 'ready to roll'”, The Namibian online, Monday, October 14, 2002 and “UN urges Namibia to step up AIDS
fight”, The Namibian online, Tuesday, June 22 2004
386
“Land: Let the expropriation begin”, The Namibian online, Thursday, February 26 2004
387
This state of affairs became very clear to NSHR civic educators during civic educations programs throughout the
country. The majority of citizens spoken to sincerely believe that the money in the State Revenue Fund belongs to
President Nujoma personally and or the ‘Swapo Party Government’ and the fact that they are receiving food aid from
government is merely a matter of generosity and not a right or an entitlement
388
389
“Changes in Swapo 'a defining moment'”, The Namibian online, Tuesday, October 5 2004
107
In a letter published in Republikein on December 2 2008, Namibian High Commissioner
to Botswana and Swapo Party Founder member Hadino T. Hishongwa expressed concern
about stomach politics and warned against “those who just joined after the Swapo Party
has brought bread to their table”. High Commissioner Hishongwa said that stomach
politics should not be allowed to continue within Swapo Party “because it leads to
factionalism, tribalism and regionalism”. 390
2.2.6. Growing Economic Corruption
Economic corruption refers to use of a position of trust for dishonest personal gain.
Economic corruption is a felony often committed for self-enrichment and patronage
purposes. Corruption deters investment, hinders socio-economic development and
undermines good governance.
Like political corruption, economic corruption has been on the increase since Namibian
independence.391
During the period under review, Namibia dropped three places on the Transparency
International (TI)’s 2008 Corruption Perception Index (CPI). That is to say, the country’s
corruption ratings moved down from number 57 in 2007 to number 61 in 2008. CPI
measures perceived levels of public-sector corruption drawing information from different
experts and business surveys. Countries are scored on a scale of from zero to 10, with
zero indicating high levels of perceived corruption and 10 suggesting low levels of
perceived corruption.392
Several senior ruling Swapo Party politicians have, on numerous occasions, been accused
in media reports of inter alia using State resources and abusing the laws and regulations
to sustain their power, status and wealth. Several observers of repute noted that corruption
has increased in the country:
390
“Response by Mr. Hadino T Hishongwa to allegations made during the recent meetings of the Swapo Central
Committee and the Politburo”, Republikeine online, Tuesday, December 2 2008
391
“A multi-pronged approach to combating corruption”, The Namibian online, Friday, July 14 2006
392
“Namibia slips on corruption index ”, The Namibian online, Thursday, September 25 2008
108
In a letter to the editor published in The Namibian newspaper on July 1 2005, Rundu
resident Melgisedek Sikongo observed that corruption in both the public service and the
private sectors has been “on the rise” in the country. Blaming GoN for this scourge,
Sikongo further noted that corruption was “deep-rooted” and has spread to all parts of the
Namibian society with devastating effects. He accused “especially people in authority” of
allowing the seed of corruption to germinate during the earliest post-independence
stage.393
Seasoned Namibian analyst Alexactus Kaure noted in 2007 that Namibia has been a
“corruption paradise” during Nujoma’s rule of 15 years. This, Kaure said, has resulted
into a few instant millionaires while the wretched of the earth look on in bewilderment.
Questioning the capacity of ACC to combat corruption, Kaure likened corruption in
Namibia to an elephant spreading its tentacles rather widely as corruption has affected the
whole of social, economic and political life of society.394
Most of the high profile instances of corruption or self-enrichment scheme scams, such as
Namibia Liquid Fuels and Avid Investment Corporation, are in one way or another,
associated with Nujoma personally or his presidency.395
ACC Director Paulus Noa noted that factors, such as skills shortage, over regulations and
bureaucracy in the Public Service, were some of the factors contributing to corruption in
both the public and private sectors.396
2.2.7. Ethnocentric Politics
For its political survival, the ruling Swapo Party has also been relying on the ethnic
support of the Oshiwambo-speaking people making up more than 51 percent of the
country’s population. As a conservative Nujoma follower would say: ‘I don’t care what
393
“Act against Corruption Now”, The Namibian online, Friday, July 1 2005
394
“Cracks in the Wall: Revisiting the Anti-Corruption Commission”, The Namibian online, Friday, November 23 2007
395
“Living in the grey zone”, Insight Magazine, August 2008, p.3, “The mother of all paydays”, Insight Magazine,
August 2008, p. 8-10, “Nujoma says Avid claims 'ridiculous'”, The Namibian online, Friday, August 12 2005; “BEE
fuel deal rakes in millions - for some”, The Namibian online ,Tuesday, April 11 2006; “Liquid Fuel 'a clean deal'”, The
Namibian online, Wednesday, July 18, 2007; “ACC sets its sights on Liquid Fuels”, The Namibian online, Friday, June
23 2006
396
“Noa Appeals for Improved Service Delivery”, New Era online, March 10 2008
109
views my leader or my party holds or even what bad things he has done, or even what
lack of vision he displays. He is my leader because he hails from my own tribe or ethnic
group, full stop’. This is a situation where and when a voter votes for a person merely
because of his ethnic or racial origin ‘right or wrong’, rather than voting for a candidate
or a party on the basis of the voter’s individual socio-economic self-interest.
When asked why they are overwhelmingly inclined towards the ruling Swapo Party, the
majority of the Ovambo people would answer that they support the Swapo Party because
Nujoma has supposedly ‘liberated this country’ and has brought about independence.
However, only a very few Oshiwambo-speaking citizens would explain what the country
was “liberated” or was independent from and or how Nujoma supposedly could have
single-handedly “liberated the country”. Nor are they able to mention improvements, if
any, Namibian independence has brought into their personal lives, perhaps with the
exception of saying that there is no more apartheid SA Casspirs in the country.
Moreover, the majority of the people who give this type of answer are precisely those
who are impoverished. Most of them are rural people as opposed to the urbanized
population. This state of affairs also shows that, in addition to ethno-political identity, a
combination of ignorance, fear and gullibility as well as stigma of being seen to be non-
conforming with the rest constitute some of the main reasons why most Oshiwambo-
speakers vote for the Swapo Party and or idolize Nujoma, ‘ring or wrong’.
During the period under consideration, several Namibians of repute, including Prime
Minister Nahas Angula, have expressed concern about escalating tribal and or ethnic
solidarity in the country and have called upon the cultivation in the country of “a political
culture which is issue based”. In a series of articles published in the State-funded New
Era newspaper, Prime Minister Angula warned against inter alia the danger of “political
ethnic entrepreneurship” and “ethnic solidarity” as well as a Kenya-like situation unless
“the current trends of political ethnic entrepreneurship are nipped in the bud”.397Angula
also called upon the Swapo Party to “promote a culture of political inclusiveness, shared
economic order and social justice”. He added and said that: “Namibia’s political culture
397
“Namibia at political crossroads, by Citizen Nahas Angula”, New Era online, February 8 2008
110
should abhor tribalism, racism, sexism, social patronage, corruption, nepotism and similar
negative practices”.398
2.3. HUMAN RIGHTS VIOLATIONS
The aforementioned faltering democratization process and the structural shortcomings

have created an exclusionist political environment in the country which gives impetus to
both civilly and politically motivated human rights violations and which constitute grave
threats to the right of individuals and communities to political and community security.
Several discrete and situational threats to both the right to personal and political security
have been monitored during the period under reporting, including:
2.3.1. SUMMARY EXECUTIONS
“Summary, arbitrary or extra-judicial executions” refers to actual or attempted politically

motivated deprivation of life directed against any individuals on political, racial, national,
ethnic, cultural, religious, gender or other grounds.
The term also applies to incitement to public violence and other forms of hate expression
including veiled or overt threats of killing as well as any other endangerment of the right
to life and security of person. Deprivation of life might result from the actions of armed
military, paramilitary or intelligence forces or organized individuals or groups acting on
the direct orders from GoN and or the ruling Swapo Party with the complicity, tolerance
or acquiescence of GoN and or Swapo Party. Several actual acts or situations of summary
executions have been recorded, including:
398
“Towards an inclusive, fair and just political order in Africa, by Citizen Nahas Angula”, New Era online,
February 22 2008
111
2.3.1.1. Previous Incidents and Situations
Several discrete incidents and or situations of summary executions committed prior to

September 28 2007 remained unresolved as the period under consideration ended. In
some cases, there was no evidence that such incidents or situations have been
investigated. In cases where investigations have been conducted perpetrators have simply
not been prosecuted and punished in accordance with the law.
For example, in January 2002 the Police said they were investigating an incident in which
unknown gunmen, believed to have been NCIS agents, shot dead Epumbu village
businessman Jafet Malenga Shalihu near Okahao on December 23 2001.399Shalihu’s
assassins remained at large as the period under review ended. The killers of Kwanyama
border activist Bernard Nakale Shevanyenga on October 11 2003 have yet to be
apprehended although an investigation has allegedly been conducted.400Shevanyenga’s
killers are also believed to have been NCIS agents.401Similarly, NamPol has also failed to
give an account on investigations relating to an alleged plot to assassinate NSHR
executive director Phil ya Nangoloh in 2002.402
Nor has there been any NamPol report on the whereabouts or fate of Kavango resident
Peter Mukonda Masuya. Mukonda disappeared without a trace on February 21 2001. On
February 1 2005, NSHR received fresh allegations that an NDF NCO had executed
Masuya for political reasons inside an NDF military base at a village east of Rundu in the
Kavango Region.403
Furthermore, there has been no news whatsoever about Police investigations, if any were
ever conducted, into the hitherto assassination of DTA member Faustinus ‘Kachuula’
Dikuwa. Unknown gunmen executed Dikuwa in the Mukwe Constituency on September
29 1994. In a swift but rare reaction to such mysterious killing, then President Sam
399
“Police probe mystery mafia-style shooting”, The Namibian online, Monday, January 7 2002
400
“Border activist gunned down”, Namibia Human Rights Report 2004, NSHR, August 2004, p.24
401
“Border activist gunned down”, Namibia Human Rights Report 2004, August 2005, p.24
402
“Namibia: Report submitted by Ms. Hina Jilani, Special Representative of the Secretary-General on human rights
defenders, in accordance with Commission on Human Rights resolution 2000/61: Summary of cases transmitted to
Governments and replies received**”, Economic and Social Council, E/CN.4/2004/94/Add.3, March 23 2004,
paragraphs 350-351
403
“Disappearance of Peter Mukonda”, Namibia Human Rights Report 2005, August 2005, p.94
112
Nujoma expressed “shock and dismay”. Describing this rather isolated incident as “a
threat to the country’s stability and security”,404Nujoma immediately issued Namibian
security forces with a ‘shoot-on-sight’ order against anyone found crossing Namibia’s
northeastern border with Angola. Such order led to the summary executions of at least 35
people in the Kavango Region.405
There have also not been investigations undertaken to account for inter alia incidents of
extra-judicial executions carried out in connection with the 1994 to 2003 armed conflicts
in the Ohangwena, Kavango and Caprivi Regions. On July 30 2004, HRC urged GoN to
establish an effective mechanism to investigate and punish such acts. This request has so
far been ignored. On March 18 2005 axed former MFA and MIB Minister Hidipo
Hamutenya (HH) revealed during an interview with The Namibian that he feared for his
life.406During the 2004 period under review, then President Nujoma, on several occasions,
labeled HH inter alia an agent of imperialism.407
In June 2004 a mysterious document accused HH of being the central figure behind an
alleged local and international conspiracy to inter alia “rid Namibia of Nujoma and his
support base”.408A survey conducted following the October 2003 assassination of
TAGOMA leader and Kwanyama border activist Bernard Nakale Shevanyenga (30) listed
HH among several persons who might also be targeted for assassination.409
On March 7 2005 both Republikein and The Namibian newspapers carried prominent
reports about an alleged plot to assassinate President Pohamba and other high-ranking
GoN officials. The Namibian referred to “this particularly dangerous rumor” that had
been making rounds in the country in the run-up to the transfer of power from Nujoma
to Pohamba. Then Defense Minister Erkki Nghimtina reportedly confirmed to The
Namibian that GoN security agencies were aware of said the rumor and have started
404
“Murderous ambush in Kavango on 28 September 1994”, Press Release by the President of the Republic of Namibia,
State House, Republic of Namibia, September 28 1994
405
“’Shoot Them’: The Practical Consequences of the De Facto State of Emergency in Kavango”, Press Conference,
NSHR, March 29 1995.p.2-3
406
“Concern for HH Life”, Namibia Human Rights Report 2005, August 10 2005, p.59 and “’Struggle for justice and
fair play is never done’”, The Namibian online, Friday, March 18 2005
407
Report 2004, August 3 2004, p.18-19
408
“Mystery document targets HH”, Namibia Human Rights Report 2004, NSHR, August 3 2004, p.18
409
“More Political Assassinations Feared”, Press Release, NSHR, October 19 2003
113
investigations to identify the source.410The assassination fears and reports came amidst
allegations about deep-rooted divisions and tensions within the ruling Swapo Party.411
Responding to a question on the alleged plot on May 12 2005, Prime Minister Nahas
Angula also revealed that “security components entrusted with the responsibility of
ensuring that all citizens and residents are protected and secured” was carrying out
investigations into alleged threats against President Pohamba and other GoN
ministers.412Like Nghimtina, Angula also assured NA that the findings of such
investigation “will be made known after its completion”.413However, no such findings,
if any, were made public as the period under reporting ended.
On August 17 2006, UN Special Rapporteur on Extra judicial, summary or Arbitrary

Executions Asma Jahanhir expressed regrets that GoN had failed to cooperate with the
mandate given by the UN General Assembly and the UN Commission on Human Rights
to prevent summary executions around the world. In a letter addressed to GoN, Jahanhir,
in vain, requested clarification regarding the death on August 24 2005 in police custody
of AVID Chief Executive Officer Lazarus Kandara.414On March 1 2007 a controversial
court inquest had ruled that Kandara had “committed suicide”.415
2.3.1.2. New Incidents and Situations
Several new incidents and situations of summary executions or conducive to summary

deprivation of life were monitored. These incidents and situations include public conduct
characterized by a pattern of public statements, which were very similar in the manner,
tone and content and which were likely to result in actual or attempted summary
executions have been recorded, including:
410
“This dangerous romour must laid to rest”, Editorial Comment, The Namibian online, Monday, March 7 2005
411
“Swapo admits divisions, offers apology”, The Namibian online, Friday, March 11 2005, “Swapo leadership
challenged”, The Namibian online, Friday, march 11 2005 and “Dangerous rumor on Politburo agenda”, The Namibian
online, Wednesday, March 9 2005
412
”Threats against president being probed”, New Era online, May 23 2005
413
”Threats against president being probed”, New Era online, May 23 2005
414
“Namibia: Visits & Communications Observations of the Special Rapporteur: Letter of allegation sent on 17 August
2006”, Project on Extrajudicial Executions, Center for Human Rights and Global Justice
415
Internal monitoring reports, NSHR, Windhoek, March 1 2007; “Judgment day for Kandara inquest”, The Namibian
online, Thursday, March 1 2007 and 'Kandara shot himself'”, The Namibian online, Friday, March 2 2007
114
2.3.1.2.1. SPYL Urged To Destroy ‘Cockroaches’
On October 18 2008 ANC Gauteng Province Youth Leader Jacob Kawe, ostensibly
referring to RDP supporters and other Swapo Party critics, incited SPYL supporters to
“destroy those political cockroaches […] in your kitchen”. In a prominent media report on
October 20 2008, The Namibian newspaper quoted Kawe as saying:
“Destroy those political cockroaches, they are in your kitchen [...]. We fear no one,
not even our leaders, we tell everyone opposing us to go to hell!”
Kawe made the incendiary remark at a public electioneering rally organized by SPYL
where he spoke as a special guest. The rally reportedly took place on the premises of
Hand in Hand for Children, a German-funded NGO, in the northern section of
Windhoek’s Katutura suburb. In a Press Release issued on October 20 2008, NSHR said
it had “strongly condemn[ed] the extraterritorial hate expression attributed to ANC
Gauteng Province Youth Leader Jacob Kawe over the weekend”. Said NSHR executive
director Phil ya Nangoloh:
“Such xenophobic attacks disturbed the international conscience. Kawe’s hate

speech has fuelled fears in human rights circles in this country that the Swapo Party
Youth League (SPYL), which hosted Kawe and his delegation, could carry out
Kawe’s instructions and attempt to destroy Swapo Party’s political opponents here.
Violence is never conducive to free and fair elections. Moreover, in response to
Kawe’s incitement to violence, SPYL Secretary Elijah Ngurare reportedly urged his
‘young lions to roar’ presumably against such opponents. Africa has had enough of
crimes against humanity”.416
2.3.1.2.2. Mass Gravesites Discovered
On September 9 2008 NSHR revealed that it had discovered six (6) graves containing the
remains of up to 1 600 victims of crimes against humanity following a past “state
416
“ANC hate expression lesson for Namibian youth league”, Press Release, NSHR, October 21 2008
115
security” crackdown on Namibia’s northern border with Angola. In a report entitled
Namibia Enforced Disappearances: Discovery of 'No Name' Gravesites, the human rights
organization said ordinary citizens as well as present and former members of the
Namibian Police and army in the Ohangwena Region had alerted it to the presence of
what appeared to be unmarked graves on either side of the border between Namibia and
Angola. On July 31 2008 members of the Angolan Police had also confirmed the
presence of “no name mass graves” in the area that extends up to 30 kilometers into
southern Angola.
Although it stressed that “in the absence of any forensic investigation, we have no
absolute proof that these are, indeed, mass gravesites”, NSHR also charged that
“reasonable cause” existed to believe that those whose remains were allegedly buried in
the graves might have been victims of alleged enforced disappearances carried out by
Namibian and Angolan security forces between 1994 and 2003 against alleged UNITA
rebels and their ‘sympathizers’ along the country’s northern and northeastern border. The
human rights organization said the crimes were perpetrated following a 1994 presidential
decree issued by then Namibian President Sam Nujoma.
Nujoma ordered Namibian security forces clear the northeastern Kavango and Caprivi
regions of the country of alleged UNITA infiltrators. NSHR called for an independent
forensic investigation of the mass graves and recommended that Nujoma be held
personally accountable for any crimes that come to light.417
2.3.1.2.3. Minister Fires at Nephew over RDP
On August 22 2008 Mines and Energy Minister Erkki Nghimtina reportedly fired several
shots at his nephew after learning that the latter had joined RDP. When approached for
comment Minister Nghimtina reportedly retorted: “I raised him with my Swapo money,
now he wants to go to RDP? He knows that I am working and getting my money from
417
“Namibia group claims find of 'apparent mass graves' on Angola border”, M&G Africa News online, September 9
2008; “'Mass graves found in Namibia'”, SAPA newsonline, September 10 2008; “Mass graves found in Angola:
NSHR”, The Namibian online, Wednesday September 10 2008 and “Civilians shot by NDF, Angolan troops 'buried in
mass grave'”, The Namibian online, Thursday, September 25 2008
116
Swapo. It irritates me so much that I breed someone with my Swapo money and then he
defects to the Opposition. Let him go and be educated by RDP. If he wants to make a
police case, it’s his democratic right”. However, Nghimtina reportedly denied that he shot
at the boy, insisting that shooting was his hobby. The unnamed boy managed to escape
unharmed.418
Swapo Party Secretary General and Justice Minister Pendukeni Iivula-Ithana tried to
downplay the Nghimtina shooting incident, saying the minister had simply fired shots
into the air to ward off someone who gained unauthorized access to his homestead.419
2.3.1.2.4. SPYL Leader Threaten ya Nangoloh
On May 30 2008 Swapo Party Youth Secretary for Rundu Urban Constituency, one
Vensel Mavara, allegedly stated in the presence of disturbed female human rights
defenders that NSHR executive director Phil ya Nangoloh was “the most wanted person
in the country. The day I see him I will kill him”. Mavara is said to be a close friend of
SPYL Secretary Elijah Ngurare (aka Ngulale) who has also in the past made similar
threats against ya Nangoloh. Mavara is said to be resident of Mabushe village, some 60
kilometers east of Rundu. A criminal charge of “assault by threatening” has been laid
against Mavara with the Police.420However, as d as the period under review ended,
nothing has been heard from the Police.
2.3.1.2.5. Swapo Party Activist Threatens RDP Supporter
On May 17 2008 a certain Erkki, who is a Swapo Party supporter allegedly pointed a
firearm at least two RDP members, viz. Paulus “Shatona” Heita (33) and Immanuel
“Kalonge” Naholo (26) following a politically motivated scuffle. The incident occurred at
Babas bar at Ondobe village, in the Ohangwena Region, some 30 kilometers west of the
regional capital of Eenhana. On May 19 2008 Shatona informed NSHR that he disarmed
Erkki and later handed over the weapon, a handgun, to the local Police.421
418
“Nghimtina explodes over RDP relative”, Informanté online, Thursday, August 28 2008
419
“Nghimtina resigns, then withdraws”, Informanté online, Thursday, September 4 2008
420
Rundu CR no 19/06/2008
421
“More hate speech and crime plague nation”, Press Release, NSHR, May 19 2008
117
2.3.1.2.6. Death Threats for HH
On April 3 2008 The Namibian newspaper reported that Hidipo Hamutenya (HH)
confirmed that he has received anonymous death threats from undisclosed persons who
are presumably supporters of former Namibian President Sam Nujoma.422However, on
May 29 2008 Khomas Region Swapo Party Elder’s Council Secretary Immanuel Muatara,
speaking at media briefing, denied the HH assassination allegations, saying that HH “it is
a waste of time and resources to do so” and that HH was “already dead politically”.423
SPEC has denied allegations that Swapo Party members had threatened RDP President
Hidipo Hamutenya, with death. However, Muatara condemned the formation of the RDP,
adding that it was an unpopular exercise, implemented by disgruntled people with hidden
agendas. On May 24 2004 Nujoma summarily axed HH and his Deputy Minister Dr.
Kaire Mbuende.
On March 18 2005 axed former MFA and MIB Minister Hidipo Hamutenya (HH)
revealed during an interview with The Namibian that he feared for his life.424During the
2004 period under review, then President Nujoma, on several occasions, labeled HH inter
alia an “agent of imperialism”.425
2.3.1.2.7. Nico Josea Fears Assassination
On March 26 2008 Namangol Investments Chief Executive Officer and AVID-SSC scam
suspect Nico Josea (45) complained to NSHR that he was “living in fear for his life”.
Josea told the human rights organization that wherever he went, “people are telling me to
be careful that the Old man would kill you”. According Josea “the Old man” is a direct
reference to former Namibian President Sam Nujoma. Hence, he said, he has
conscientiously developed a feeling that certain people out there who are acting in the
422
Internal monitoring reports, NSHR, March 31 2008 and “Eenhana election neither free nor fair: Hamutenya”, The
Namibian online, Thursday, April 3 2008
423
“SPEC Dismisses Death Threats on Hamutenya”, New Era online, May 30 2008
424
“Concern for HH Life”, Namibia Human Rights Report 2005, August 10 2005, p.59 and “’Struggle for justice and
fair play is never done’”, The Namibian online, Friday, March 18 2005
425
Report 2004, August 3 2004, p.18-19
118
name and or on behalf of either the former President and or former Swapo Party Youth
League Secretary General Paulus Kapia might really want to have him assassinated
before, on or shortly after April 18 2008, when he was expected to appear in court over
the AVID-SSC scam.
Josea also told NSHR that he believed that both Kapia and Nujoma might have fear or
suspicion that, as a friend-in-business of the late Avid Investments Corporation Chief
Executive Officer Lazarus Kandara, Josea might have acquired considerable information,
which might implicate them in the AVID-SSC affair. On August 24 2005 Kandara, often
referred to as the AVID scam kingpin, apparently committed suicide only hours after
being arrested in the High Court by allegedly shooting himself through the heart at point
blank range with his own gun. The incident took place meters from the main entrance of
the Windhoek Police precinct while Kandara was in Police custody.426
2.3.1.2.8. Caprivi Councilor Threatens to Kill Citizen
On March 4 2008 NamPol members reportedly arrested Swapo Party politician and
Sibbinda Constituency Councilor Felix Mukupi following allegations that he had
threatened to kill one Christopher Siboli Lifasi. In a political intrigue that followed a
hotly contested position for regional governor for the Caprivi Region, Mukupi reportedly
threatened to kill Lifasi whom he accused of failing to secretly tape record a conversation
between two rival councilors during a previous political campaign. Mukupi allegedly
made the threat saying: “You must be careful, you will be hit by a car or you will be
killed”.427
Following the death threats, Lifasi reportedly opened a criminal case with the Katima
Mulilo Police precinct (i.e. KM CR 12/03/2008). The status of Police investigations in
this regard was unknown as the period under review ended.
426
“Nico Josea fears for his life”, Press Release, NSHR, March 27 2008
427
“Political Plot Thickens with Death Threats”, New Era online, March 6 2008
119
2.3.1.2.9. Swapo Party Supporter Stabs RDP Activist
On February 23 2008 a Swapo Party supporter, a certain Hakuna or Akuna stabbed RDP
supporter Hophine Chombo Simasiku (27) four times to the head, shoulder and near the
eye as well as in the back with a knife. Simasiku was admitted to a health center at the
village of Okongo with life-threatening injuries.
The incident occurred at or near Osho shebeen at the said village, some 100 kilometers
east of Eenhana in the Ohangwena Region. On the same day but in a separate incident at
Okongo village, a mob of Swapo Party members physically assaulted and stabbed
Johannes Lucas (age unknown) of Okongo village near the eye. Lucas sustained serious
injuries and was admitted to a local health center with a badly swollen face.428
2.3.1.2.10. Nujoma Warns of ‘Bloodshed’
On February 9 2008 former Swapo Party President and “Father of the Namibian Nation”
Sam Nujoma reportedly accused Opposition parties of downplaying and spreading lies
about the Swapo Party’s achievements. Describing criticism of the Swapo Party as
“negative vices”, Nujoma, who was speaking at a public rally held at Walvis Bay, warned
that such “negative vices have the potential to disrupt peace in the country and can lead to
confrontation and bloodshed”.429
Commenting on attack by Nujoma, NSHR executive director Phil ya Nangoloh pointed

out that such attack was “illustrative of the deep-rooted intolerance of criticism which
underpins the very provocative and aggressive conduct of certain Swapo Party leaders as
described above”. 430
428
“Catalog of Provocative Incidents”, Press Release, NSHR, February 25 2008 and “NAMIBIA: NSHR - Catalog of
Provocative Incidents”, The Shebeen online, February 25 2008
429
Internal monitoring reporting, NSHR, February 9 2008 and “Nujoma blasts Opposition politicians”, New Era online,
February 11 2008
430
120
2.3.1.2.11. Swapo Party Activist Stab Policewoman
On February 2 2008 at the town of Omuthiya in the Oshikto Region, Swapo Party activist
Ndishishi 'Sigo' ya Nambinga stabbed and seriously wounded female NamPol Constable
Hilma Nakumbwata (42) in the stomach before the suspect was himself fatally gunned
down by a male Police officer. The incident occurred on the premises of Ha-Na-He
Butchery within a few minutes after highly inflammatory pronouncements made at the
Swapo Party rally held on the same day by, among others, Swapo Party Secretary General
and Attorney General as well as Justice Minister Pendukeni Iivula-Ithana who owns the
Ha-Na-He butchery.
In a Press Release issued on March 3 2008 NSHR strongly condemned the stabbing of
Constable Nakumbwata and called upon Namibian citizens “to refrain from all and any
acts of violence, in the breadth and width of the country, aimed at Police officers for
whatever reasons”.431NSHR executive director Phil ya Nangoloh warned against
provocative posturing by Swapo Party supporters in recent weeks and said:
“As we have already warned and we are repeating now that, unless (Pendukeni)
Ithana and the likes of Elijah Ngurare (also known as Ngulale) are reined in
sooner, these run-away extremists have the capacity of plunging this country into
havoc and mayhem”.432
In a Press Release issued on March 3 2008, Congress of Democrats (CoD) President Ben
Ulenga also condemned the incident and said it directly resulted from “politically
irresponsible statements and criminally suggestive language” as well as “responsible
behavior by high government and Swapo Party officials. We demand that the Omuthiya
incident be thoroughly investigated by the Namibian Police and those responsible for
Saturday's incident to be brought to book”.433
431
”Swapo election rally ends in bloodshed as RDP appeals for civility”, Press Release, NSHR, March 3 2008 and
“Man killed at Swapo rally”, The Namibian online, March 4 2008
432
”Swapo election rally ends in bloodshed as RDP appeals for civility”, Press Release, NSHR, March 3 2008 and
“Man killed at Swapo rally”, The Namibian online, March 4 2008
433
“CoD President Ben Ulenga condemns political violence killings at Omuthiya Swapo Party rally”, Media Release,
CoD, March 3 2008
121
2.3.1.2.12. Swapo Party Supporters Attack RDP Activist
On February 1 2008 four (4) male Swapo Party supporters in the Ohangwena Region
attacked at an RDP member and in the process inflicted serious bodily harm on Toivo ya
Ndahomenwa (30). Ya Ndahomenwa was admitted to the Engela Lutheran Hospital with
a badly swollen right jaw. He was later discharged pending further medical examinations.
Ya Ndahomenwa have laid a criminal charge against his assailants at the Ongha Police
precinct. This incident took place at approximately 19h30 at or near Okahenge village,
some 25 kilometers north of the town of Ondangwa.
In a Press Release issued on February 3 2008, NSHR said it was investigating allegations
that ya Ndahomenwa’s attackers had previously also assaulted yet another RDP
supporter, a certain Sakaria Johannes, at the same village.434
2.3.2. OFFICIAL KILLINGS
“Official killings” refers to actual or threatened non-politically motivated incidents or

situations of violence, resulting from the use of excessive force by law implementation
officials or any other persons acting in an official capacity.
2.3.2.1. City Police Kill Burglars
On June 4 2008 Windhoek City Police members shot and killed two (2) of the three (3)
alleged burglars that allegedly broke into a house in Pionierspark Extension 1 suburb of
Windhoek. A third burglar reportedly escaped by jumping into a getaway cab. City Police
members reportedly responded to an alarm that went off and quickly drove to the back of
the targeted house and upon arrival there, they spotted the alleged thieves carrying off
items apparently stolen from the house. The thieves allegedly broke down a wall fence at
the house.435
434
“Swapo Election Rally Ends In Bloodshed As RPD Appeals For Civility”, For Immediate Release, NSHR, February
3 2008
435
“Police Kill Burglars”, New Era online, June 5 2008
122
Police reportedly claimed that the alleged thieves had ignored warning shots and orders to
stop. Hence, they gave a chase to and shot down two of the alleged burglars. Items stolen
from the house were recovered. In terms of the Criminal Procedure Act (CPA) 1977 (Act
51 of 1977), as amended,436 a police officer may shoot and kill anyone in an attempt to
perform an arrest.437 However, the purpose of arresting a suspect is to bring him or her
before court for trial as provide for in NC and not to punish such persons.438
2.3.2.2. Katima Policeman Convicted of Murder
On May 20 2008, NamPol Drug Law Enforcement Unit member Dominic Mwilima (45)
was found guilty of murder in connection with the fatal shooting of a young suspected
dagga dealer at Katima Mulilo in August 2005. Acting Judge John Manyarara convicted
Mwilima of murder and a count of defeating or obstructing the course of justice. On
August 14 2005 at Katima Mulilo, Mwilima shot and killed Zambian national Wengar
Mutafela (22).
A State eyewitness successfully testified that Mwilima had found Mutafela and another
two men dealing in dagga just before the incident. According to the eyewitness, Mutafela
attempted to flee from a scene of alleged crime upon which Mwilima gave him a chase.
When Mutalefa stopped Mwilima drew a handgun and fired a shot at close range.
Mutafela was struck in the chest, and died on the scene.439
2.3.2.3. Karibib Police Endanger Man’s Life
On May 10 2008 Karibib-based NamPol members allegedly subjected Reinhold Loth (41)
to criminal endangerment of his right to life for having brutally assaulted and then
refusing to take him to hospital for urgent medical treatment. Loth told HRDs those two
SFF members grabbed him and hit him three times on the head with a butt of a handgun
436
Unfortunately, the ‘right to kill’ provisions of Section 49(2) have been retained in the new Criminal Procedure Act
2004 (Act 25 of 2004)
437
Section 49(2) of CPA
438
Article 12(1) (a) of NC
439
“Policeman convicted of murder at Katima”, The Namibian online, Wednesday, May 21 2008 and “Polisieman wat
dwelmhandelaar skiet is skuldig”, Republikein online, May 23 2008
123
before they dragged him into the Police precinct where they additionally kicked him
brutally as they were taking him to the Police cells. In the process, they inflicted severe
bodily harm to his ribs and the right arm. He also said that he was only taken to hospital
after it became apparent to his assailants that he might succumb to his injuries while in
their custody.
When approached for comment NamPol’s Commanding Officer for Public Relations
Chief Inspector Angula Amulungu told NSHR that he was not aware of the incident.
However, Chief Inspector Amulungu said he would look into the allegations.440
2.3.2.4. Police Wounds Okahao Suspect
On March 31 2008, NamPol members at the town of Okahao reportedly fired at a 32-
year-old unidentified suspect who fled when the Police tried to arrest him. The male
suspect was allegedly wanted in various cases of robbery, housebreaking and theft. He
was wounded in the forehead, and was admitted to the Oshakati State Hospital.441
2.3.2.5. NDF Members Shoot Three Suspected Robbers
On March 24 2008 three (3) unidentified NDF members allegedly shot Lawrence
Hangara (23) in the head while Hangara’s companion was hit in the foot following an
alleged robbery. Hangara died on the spot and the NDF members were arrested on
charges of murder and attempted murder.442
2.3.2.6. Snakebite Toddler Dies in Hospital Line
On February 16 2008 three-days-old infant Maria Munetumba passed away in the caring
arms of her distressed and desperate mother, Pascalia Endjala, because nurses at the
Katutura State Hospital repeatedly told Endjala to ‘wait in the line for your turn’, instead
of treating the case as an emergency. According to widespread print and electronic media
440
“Police accused of brutality, again”, Press Release, NSHR, May 12 2008
441
“Police wound fleeing suspect”, The Namibian online, Thursday, April 24 2008
442
“Two fatal shootings in Windhoek”, The Namibian online, Tuesday, March 25 2008
124
reports the said nurses even also made derogatory remarks and poked fun at Ms. Endjala
apparently because the latter is poor. The said reports said a lethal spitting cobra snake bit
infant Munetumba in Windhoek’s impoverished Havana informal settlement, some 10
kilometers northwest of the capital’s city center. The deadly zebra reptile reportedly
struck the infant to the head on the same day at approximately 17h00. Munetumba was
apparently asleep in her parents’ corrugated iron shack in the mountainous section of the
city when the reptile struck.
Citing paraphernalia of incidents of negligence at various State health institutions in the

country over a period of 17 years accused MoHSS of negligence and called upon NamPol
to “immediately investigate the crimes of criminal negligence and or involuntary culpable
homicide against the relevant medical personnel, both doctors and nurses, at Windhoek’s
Katutura State Hospital”. NSHR executive director Phil ya Nangoloh was quoted in a
NSHR Press Release as having said that MoHSS Minister Dr. Richard Kamwi in
particular should “be held vicariously liable for all the omissions and commissions of the
health personnel under his supervision” as envisioned in NC.443
NSHR said the “cynical and violent as well as the uncaring attitudes on the part of the so
many health personnel in the country” is reflective of the general state of affairs in other
GoN departments, which “are indicative of the inherently intolerant, anger-laden and
hateful society”. “All Ministers shall be accountable individually for the administration of
their own Ministries and collectively for the administration of the work of the Cabinet,
both to the President and Parliament”.444
2.3.2.7. Toddler Dies Following Negligent Operation
On February 16 2008 NSHR revealed that on December 31 2006 a 28-years old mother
lost her newborn baby at the Katutura State Hospital after medical personnel allegedly
accidentally ripped the baby’s stomach open during an operation. The mother of the baby
was only told that her baby was born with its ‘intestines outside’. The baby was then
443
Article 41 of NC
444
125
removed from the mother and taken away but three days later and only after the mother
demanded to see her baby, she was told that the baby was transferred to the Windhoek
Central Hospital. When the mother made a follow up at the latter health institution, she
was told that her baby was in the hospital waiting to be stitched to cover its intestines.
Commenting about the situation NSHR executive director Phil ya Nangoloh inter alia
called for the axing of MoHSS Minister Dr. Richard Kamwi and said:
“[…] The blame for the pathetic and derelict state of affairs prevailing at our
hospitals should be laid squarely at the feet of especially Dr. Kamwi, in particular,
and the whole Cabinet, in general. The situation prevailing at this country’s public
health institutions flagrantly undermine the right of citizens to enjoy the highest
attainable standard of mental and physical health care as envisaged in Articles
95(j) and 12 of the Namibian Constitution and the International Covenant on
Economic, Social and Cultural Rights (ICESCR), respectively”.445
2.3.2.8. Himba Child Dies in Fiery UXO Blast
On December 12 2007 NSHR announced that female Himba child Uaakurua Ndiaombe
died in a fiery UXO blast at the weekend. Human rights monitors in the Kunene Region
reported also that a Himba boy Puvazamba Ndiaombe (11) sustained serious injuries to
the left ribs in the same blast. The two young children, who are cousins, were looking
after their goats at the time of the blast. The incident took place at approximately 12h00
on Sunday, December 9 2007, at Oruseu village, some 150 kilometers northwest of the
regional capital of Opuwo.
In a Press Release issued on December 12 2007 NSHR lamented the fact that this was the
third fatal UXO-blast incident occurring in the region and which came to NSHR’s
attention since 2002. Expressing frustration over NamPol inaction, NSHR executive
director Phil ya Nangoloh said:
445
126
“On numerous occasions [we have] urged NamPol members to destroy the
explosives, but to no avail. In our Press Release of May 13 2003 we 'once more'
appealed to NamPol 'to immediately remove the UXOs and prevent further injuries
to humans and or damage to property […] In light of this incident, we are now
wondering whether or not our appeal was taken seriously. Hence, we once again
entreat NamPol Inspector General Sebastian Ndeitunga to immediately ensure the
removal all the UXOs in the area and prevent further injuries to humans and or
damage to property at the Oruseu and all the adjacent villages. The Government
must make available all necessary resources to NamPol for the removal of all these
hideous devices”.446
2.3.3. FREEDOM FROM TORTURE
“Torture” refers to any act by which severe pain or suffering, whether physical or mental,
is intentionally inflicted on a person for such purposes as obtaining from him or her or a
third person information or a confession, punishing him or her for an act he or she or a
third person has committed or is suspected of having committed, or intimidating or
coercing him or her or a third person, for any reason based on discrimination of any kind,
when such pain or suffering is inflicted by, or at the instigation of, or with the consent or
acquiescence of a public official or other person acting in an official capacity. “Torture”
does not include pain or suffering arising only from, inherent in or incidental to, lawful
sanctions.447
“Torture” includes any other prohibited active or passive methods of abuse or severe
deprivation, including inhuman, cruel, humiliating, and degrading treatment, outrages
upon personal dignity and physical or moral coercion.448
NC449and ICCPR450outlaw torture or other cruel, inhuman or degrading treatment or

punishment. In addition, GoN is a State Party to the 1982 UN Convention against Torture
446
“Yet another himba child dies in blast”, Press Release, NSHR, December 12 2007
447
Article 1 of CAT
448
“What is the definition of torture and ill treatment?”, International Committee of the Red Cross (ICRC),
http://www.icrc.org/Web/Eng/siteeng0.nsf/iwpList265/19F463DBD1D7639FC1256FA90050419C
449
Article 8(2) (b) of NC
450
Article 7(2) (e) of Rome Statute
127
or Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). CAT obliges
GoN to adopt inter alia effective legislative, judicial and administrative as well as other
measures aimed at the prevention and investigation as well as punishment of acts of torture.
However, during the period under review, administrative machinery to investigate,
prosecute and punish torture claims against law enforcement officials continued to remain
largely inadequate or non-existent.
GoN has so far failed to incorporate CAT into national law and also to make the
declaration451that it recognizes the competence of the supervisory CAT Committee to
receive and consider petitions from or on behalf of citizens claiming to be victims of
torture. Also, there continued to be no effective public facilities in the country to ensure
physical and mental rehabilitation of torture victims and their families, as required under
the stated Convention.
The country has not yet become a State Party to the new Optional Protocol to the
Convention against Torture and other Cruel, Inhuman or Degrading Treatment or
Punishment (OPCAT), as the period under review ended. The objective of the present
Protocol is to establish a system of regular visits undertaken by independent international
and national bodies to places where people are deprived of their liberty, in order to
prevent torture and other cruel, inhuman or degrading treatment or punishment.
2.3.3.1. Reluctance to Prosecute Torturers
During the period under review, Prosecutor-General Advocate Martha Imalwa continued
to fail to prosecute the more than 40 Police, army and intelligence officers accused of
having subjected over 300 Caprivi detainees to torture and CIDT following the August 2
1999 armed attack in the Caprivi Region. Speaking on local NBC Radio program Chat
Show Plus during the previous period under consideration, Advocate Imalwa claimed that
her office experienced inter alia shortage staff.452
451
As per Article 22 of CAT
452
“Internal monitoring reports, NSHR, July 27 2007
128
2.3.3.2. Overcrowded Cells and Prison Conditions
The situation of chronically overcrowded Police holding cells and prisons throughout the
country continued unabated during the period under consideration. In October 2008, the
Office of the Ombudsman released a follow-up on its 2006 special report on the
overcrowding situation. As in the previous period under reporting, Ombudsman John
Walters released a follow up report also citing factors, such as chronic postponements of
court cases; prisoners inability to pay bond, denial of bond, OPG taking too long to make
a decision on whether or not to prosecute the suspects, delays in Police investigations due
to severe shortages of experienced Police officers and vehicles to carry out such
investigations as well as lengthy waiting periods for legal aid assistance as both the root
causes and factors exacerbating overcrowding.453
In April 2008 several Police holding cells were reported to be holding more people than
their capacity. For example, the Wanaheda Police precinct in Windhoek which has a
capacity to hold only 170 detainees had 259 trial-awaiting prisoners, while with capacity
to hold only 912 prisoners, WCP was holding 1 172 trial-awaiting prisoners during the
same period. Out of 20 precincts inspected, only seven (7) were not overcrowded.
Concerned about the situation, MSS Minister Dr. Nickey Iyambo on April 17 2008 noted
that the overcrowded detention conditions were contrary to agreed international norms.
Dr. Iyambo also promised progress in his Ministry's ongoing battle with crime,
overcrowded prisons and detention cells as well as lack of resources. Minister Iyambo
appealed to the Judiciary to not unnecessarily postpone cases for technical reasons,
adding that such postponements and delays were “simply becoming too costly for the
State”.454
The Office of the Ombudsman also expressed concern over the overcrowded detentions
cells. In his annual report on the human rights situation in the country for the FY 2008-
2009, Ombudsman Advocate John Walters said in a follow-up report addressed to NA
453
“Follow up Report on Conditions Prevailing at Policxe Cells in Namibia”, Office of the Ombudsman, October 2008
454
“Iyambo concerned over crime, overcrowded cells”, The Namibian online, Friday, April 18 2008 and “Minister
vergewis hom van toestande in selle“, Republikein online, April 21 2008
129
that most of the 1 471 complaints received by the Office of the Ombudsman were leveled
at MoJ, with nearly 980 cases, while the Police scored the second highest number of
complaints, being 273.455
2.3.3.3. Spartan Prison Conditions
NSHR also remained concerned about continuously overcrowded prisons throughout the
country amounting to inhuman and degrading treatment or punishment. According to a
special report on the problem of overcrowded Police cells released by the Office of the
Ombudsman in November 2006 prison conditions result from inter alia chronic
postponements of court cases, prisoners’ inability to pay bond, denial of bond, OPG
taking too long to make a decision on whether or not to prosecute the suspects, delays in
Police investigations due to severe shortages of experienced Police officers, chronically
severe shortage of transport and lengthy waiting period for legal aid assistance.
Chronic postponement of court cases results from inter alia severe shortages of judicial
officers (i.e. magistrates and prosecutors), loss or stolen case dossiers and lack of Police
vehicles to bring suspects to the courts.456The country had well over 4 000 convicted
prisoners as the period under review ended.457
2.3.3.4. Custodial Torture and CIDT
During the period under review, NSHR handled a total of 45 written complaints of
alleged torture and CIDT acts meted out against them invariably by Police officers, Prison
Wardens and Special Field Force Members countrywide. Some of the victims complained
among others things that they were denied adequate food or that food from family
members was confiscated while others said they were held incommunicado with no visits
or telephone calls from their relatives and or beloved ones. Others complained about
455
456
“Special Report on Conditions Prevailing at Police Cells Throughout Namibia”, Office of the Ombudsman,
Windhoek, November 2006
457
This figure was unofficially conveyed to NSHR by a high ranking MPCS official who spoke on condition of
anonymity
130
suffering from various untreated injuries sustained during arrests and other violent
encounters with law enforcement agents.
The Office of the Ombudsman also said in an annual report that it has received 273
complaints against the Police, while another 195 complaints against treatment in prison
cells were also received over the same period. According to Ombudsman Advocate John
Walters, 173 cases handled by the Office of the Ombudsman, out of a total of 1 471,
related to human rights violations which included assaults and wrongful arrests as well as
detentions.458
2.3.3.5. Villager Forced to ‘Tell Turth’
On April 22 2008 two (2) female Police officers and two (2) male private citizens
allegedly arrested and subsequently tortured Ondobe village resident Simon Petrus
Hashoongo (26). The quartet ordered Hashoongo to place his hands on sharp brick for
almost an hour and a half. During this ordeal one Police officer allegedly remarked: “This
is the place where we put criminals if they do not want to speak the truth until they speak
out the truth”. Hashoongo said: “They started to beat me all over the body with rubber
button for quite a long time and they forced me to speak ‘the truth’”. Hashoongo was
accused of having stolen a radio. Due to “too much pain”, he made a false confession and
offered to pay for the stolen radio. Hashoongo was then released but as he was walking
home with bleeding hands and a painful body, the two (2) female Police officers allegedly
called him to come back “for an apology because the radio has been found”.
A criminal case of “common assault” (CR No. 11/05/08) has since been laid with
Eenhana Police precinct against Hashoongo’s alleged torturers. A distressed Hashoongo
appealed to NSHR “to please educate Police officers about the rights of suspects in order
to avoid this in the future because some Police officers are so bad”. A medical report and
photographic evidence in NSHR’s possession strongly suggest Hashoongo has, indeed,
458
131
been tortured.459Hashoongo’s torturers allegedly included the Ondobe Station
Commander.
However, when approached for the comment, Ondobe Acting Station Commander denied
having taken part in the beating and torturing of Hashoongo. He said: “I heard about that
allegation of a stolen radio, but at the time the victim was arrested, I was not present. I
was at Oshikunde village to investigate a case. Hence, I never beat the victim and when I
asked my colleagues who were on duty at the time they also denied having beaten
anyone”.
2.3.3.6. Female Patient Raped at State Clinic
On February 19 2008 a male patient man had allegedly raped a female patient while both
were in the care of a State’s mental health clinic in Windhoek. Highly placed medical and
GoN sources, who spoke on condition anonymity, told NSHR that he incident occurred
between 15h00 and 20h00 in the so-called forensic section of the said health institution.
When approached for comment, relatives of the alleged rape victim, who also chose to
remain anonymous, were adamant that rape had in fact taken place and that criminal
charges will be laid with the Police. However, when contacted for comment, NamPol first
said they had no information about the incident, but later NamPol Senior Spokesperson
Chief Inspector Angula Amulungu of the Police Public Relations told NSHR that WCPU
had investigated the rape allegations and had found “no tangible evidence” that rape had
taken place and further that no charges of rape have so far been laid.
In a Press Release issued on February 21 2008, NSHR said it was “disturbed by

continued allegations of inter alia widespread negligence and discourteous treatment of
patients by the health personnel at the Katutura State Hospital”. The human rights
organization called upon the Office of the Ombudsman “to investigate the allegations of
459
132
discourteous treatment at especially the casualty section of the Katutura State
Hospital”.460
2.3.4. FREEDOM FOM ARBITRARY DEPRIVATION OF LIBERTY
“Arbitrary deprivation of liberty” refers to short or prolonged deprivation of the freedom

of movement or ability to do something freely, when such deprivation, for one reason or
another, is contrary to relevant provisions laid down in NC461or ICCPR462or in any other
relevant international instruments ratified by GoN.
In terms of ICCPR, the rights to freedom from arbitrary deprivation of personal liberty
and security of person are applicable to all deprivations of liberty, whether in criminal
cases or in other cases such as mental illness, vagrancy, drug addiction, educational
purposes, immigration control while ICCPR463are only applicable to persons against
whom criminal charges are brought. Article 9(4) of ICCPR guarantees for everyone the
freedom from arbitrary deprivation of liberty through arrest or detention and requires a
court of law to determine the legality of the detention and this applies to all persons
deprived of their liberty by arrest or detention.464Hence, “arbitrary deprivation of liberty”
includes any arrest, apprehension, detention, custody, incarceration and or imprisonment
of persons carried out by or on behalf of administrative GoN bodies or officials or
organized groups or private persons acting in the name of GoN or with the support,
directly or indirectly, or consent or acquiescence of GoN.
The right to liberty and security of person for everyone is also guaranteed in terms of
CCPR General Comment No 8 of June 30 1982 and freedom from arbitrary deprivation of
personal liberty through arrest or detention is guaranteed under national and international
law.465In terms of both NC466and ICCPR467any person arrested or detained in criminal
460
“Claims Of Rape And Discourteous Treatment”, For Immediate Release, February 21 2008 and “NAMIBIA: NSHR
- Claims Of Rape And Discourteous Treatment”, The Shebeen online, March 21 2008
461
462
Article 9 (1) of ICCPR
463
Articles 9(2) and 9(3) of ICCPR
464
CCPR General Comment No. 8 of June 30 1982 on Article 9 of ICCPR on the Right to liberty and security of persons
465
Articles 9 of ICCPR
466
467
Article 9(3) of ICCPR
133
cases must be brought “promptly” before a judge or other officer authorized by law to
exercise judicial power and that, in compliance the doctrine that a trial must take place
within a reasonable time or persons detained must be released.468HRC jurisprudence
holds that lawful deprivation of liberty must not exceed a few days and that pre-trial
detention, including so-called preventive detention, should be an exception and as short as
possible.469
Due process of the law precludes arbitrary deprivation of liberty and that deprivation of
liberty must only be based on grounds and procedures established by law.470Due process
of the law also precludes persons who are arrested to be held in custody without being
promptly given information and or the reasons471and further that no persons must be held
in custody in the absence of judicial control472as well as that compensation in the case of
a breach should be guaranteed.473Furthermore, in case criminal charges are brought
against anyone, the full protection of the law must be guaranteed.474
Furthermore, in terms of NC,475GoN has the obligation to ensure that persons, other than
illegal immigrants, shall be brought before the nearest Magistrate or any other judicial
officer within a period of 48 hours of their arrest. NC also stipulates that no law
authorizing preventive detention shall permit the detention of children under the age of 16
years.476However, the period under reporting witnessed several incidents of arbitrary
deprivation of liberty despite the legal regime to the contrary:
2.3.4.1. Opposition Leaders Arrested
On October 30 2008 NamPol members arrested three (3) Opposition party officials and
held them in custody for at least four (4) hours. ECN accused NUDO, RDP and RP
officials of contravening Section 104 of the Electoral Act 1992 (Act 24 of 1992) which
468
Article 12 of NC and Article 9 (3) of ICCPR
469
CCPR General Comment No 8 of June 30 1982
470
Articles 7 of NC, Article 9 of UDHR and 9(1) of ICCPR
471
Articles 11(2) of NC and Article 9(2) of ICCPR
472
Article 9(4) of ICCPR
473
Articles 25(2) of NC as well as Articles 9(3) and 9(5) of ICCPR
474
Articles 9 (2), 9(3) and 14 of ICCPR
475
Articles 11(3) and 11(4) of NC
476
Article 15 (5) of NC
134
stipulates that “any political party or person that directly or indirectly, by himself or
herself or by any means or any fraudulent device or contrivance induces, compels or
prevails on any voter to refrain from voting at any election in question shall be guilty of
an offence and on conviction be liable to a fine or imprisonment”.
The affected Opposition parties said the Police had failed to explain on what grounds the
opposition members had been detained and threatened to sue the Police for arbitrary
deprivation of liberty. Following the arrest of the Opposition leaders, NSHR executive
director Phil ya Nangoloh, Legal Assistance Centre Director Norman Tjombe as well as
UNAM Law Faculty Head Professor Nico Horn severally expressed concern about the
arrest and detention pointing out that to peacefully urge voters to boycott an election was
an acceptable campaign and a democratic right guaranteed under NC and international
law.477
2.3.4.2. Mariental Police Arrest Man
April 17 2008 two unidentified Nampol members at the town of Mariental allegedly
subjected Mariental resident Johannes Nanyemba (26) to arbitrary deprivation of personal
liberty for no apparent reasons and they threw him into a cell where he remained from
several hours. Nanyemba also accused his captors of failing to inform him that he was
under arrest, let alone the reason for the arrest. However, approached for comment on
April 22 2008, NamPol Regional Commanding Officer for the Hardap Region Inspector
Joseph Gaeseb said Police records at the Mariental Police precinct indicated that
Nanyemba was detained for drunkenness for six hours in order to “enable him to sober
up”.478
2.3.4.3. Bethanie Police Deprives Man of Liberty
On February 24 2008, NamPol members allegedly arbitrarily arrested Bethanie village
477
“Internal monitoring reports, NSHR, October 31 2008 and “Boycott Campaign Acceptable”, New Era online,
November 4 2008 and “Boycott Flyers Legal”, New Era online, November 3 2008
478
135
resident Bruce Boois.479A former inmate, Bruce Boois, claimed to The Namibian that he
was detained for two days without medical help after the Police allegedly assaulted
him.480On March 13 2008 Nama Chief David Frederick of Bethanie told NSHR that
Boois’ injuries were “so severe that he was immediately escorted by the Bethanie Health
Centre to Keetmanshoop [State] Hospital”.481Since Keetmanshoop State Hospital could
also not assist the victim, Boois had to be referred to Windhoek State Hospital”.482 “I was
urinating blood and had to be referred to the Windhoek Central Hospital where I was
hospitalized for almost a week” Boois claimed.483
2.3.4.4. Karibib Police False Arrest Man
On May 10 2008 Karibib-based NamPol members allegedly subjected Reinhold Loth (41)
to false arrest and detention. Loth also alleged that he was “never” informed of the
reasons for his arrest and detention. When approached for comment NamPol’s
Commanding Officer for Public Relations Chief Inspector Angula Amulungu said he was
not aware of the incident but he would look into the allegations.484
2.3.4.5. Ondobe Police Detain Villager
On April 22 2008 two (2) female Police officers and two (2) male private citizens
allegedly arbitrarily arrested Ondobe village resident Simon Petrus Hashoongo (26) for
almost an hour and a half and subsequently assaulted him. After Hashoongo was released
and as was walking home with bleeding hands and a painful body, the two female Police
officers allegedly called him to come back “for an apology because the radio has been
found”.485 He was accused of having stolen a radio.
479
480
“Tribal tension at Bethanie”, The Namibian online, Monday, March 31 2008
481
“Re: Misconduct of Namibian Police at Bethanie”, Letter from Chied David Frederick, /Ui//Gandes Traditional
Authority, Bethanie, March 13 2008
482
483
484
485
136
2.3.4.6. Unlawful Detention for Key Activist
April 8 2008 two awkward immigration officials apparently arbitrarily arrested and
detained for several hours consumer rights activist, Sackey Amenya (34), in Windhoek.
Amenya identified the two officials as Principal Immigration Officer Ernest Elias and
Senior Immigration Officer Toivo Mwaala.
According to Amenya, the two immigration officials, for no apparent reasons, ordered
him to “identify yourselves”. When he asked them to first identify themselves, the duo
allegedly only claimed that they were “sent by the authority to arrest you”. Nevertheless,
Amenya insisted that they produced their work identity cards and after an argument
Mwaala momentarily brandished his work ID card. Hence, Amenya told them his ID
documents were at the human rights office and he requested them to drive there in order
to produce them. However, the two arrogant immigration officials allegedly ignored this
and drove off with Amenya to their offices at MHAI in the city center. Explained
Amenya:
“Upon arrival at the Ministry of Home Affairs, they just dumped me in their office,
without producing any reasonable cause or saying any thing else except that they
were acting under the instructions of their supervisor, a certain Victoria Sheepo.
After a long time they took me to this Sheepo’s office, but she declined to listen to
my case, even claiming that she had to rush to a meeting. Due to the fact that these
two people failed to immediately identify themselves, I developed a deep suspicion
that they might be criminals who were intent on abducting or kidnapping me for
whatever reasons, including political reasons. They acted with impunity and
presented themselves to me as people who are above the law and who are the law in
and by themselves. As a person aggrieved by their conduct, I will certainly sue for
punitive damages”.
When asked why he and Mwaala detained Amenya, Ernest Elias allegedly claimed that
they arrested Amenya because “he looked like a Zimbabwean”. Reacting to these claims
NSHR spokesperson Dorkas Phillemon said:
137
“In this country, unlike in Zimbabwe, not even a Zimbabwean can be subject to
arbitrary arrest or detention. Some of these people need urgent training in human
rights matters. Moreover, over the years we have heard enough from refugees about
the often-unlawful conduct by this Ernest Elias. It is about time that the authorities
do something about this”.
However, when approached for comment on the same day a high-ranking MHAI official,
speaking on condition of anonymity, told NSHR that Amenya’s arrest was a case of
“mistaken identity” and “an unfortunate incident”. “I have reprimanded them”, the
official added, referring to Elias and Mwaala. The official also said he had apologized to
Amenya on behalf of the Ministry. Amenya was only released after 17h00 after a close
relative of his approached MHAI State Secretary Samuel Goagoseb to intervene. The
incident occurred at approximately 15h30 at the BP Soweto Internet Café in Katutura.
The incident occurred at approximately 15h30 at the BP Soweto Internet Café in
Windhoek’s Katutura suburb.486
2.3.5. FREEDOM FROM ABUSE OF POWER & EXILE
“Abuse of power” herein refers to active punitive acts or omissions to act by a person or a
group of persons in a position of power or trust, resulting in harm, including physical or
mental injury, economic loss or any other substantial impairment of basic human rights.
“Abuse of power” also includes police brutality and grabbing, beating, shoving, slapping,
kicking, pulling, shaking and threatening as well as denial or deprivation of medical
treatment as a form of punishment.
“Exile” refers to the intended or actual act of expelling a person from his or her country of
nationality or habitual residence. An “exile” or “refugee” refers to any person outside his
or her country of nationality or habitual residence and is unable or unwilling to return to
this country or to avail himself or herself of the protection of that country because of a
well-founded fear of persecution on account of race, religion, nationality or membership
in a particular social group or because of his or her political opinion.
486
“NAMIBIA: Unlawful Detention For Key Activist”, NSHR, Press Release, April 8 2008
138
In terms of NC487“the State shall, where it is reasonable to do so, grant asylum to persons
who reasonably fear persecution on the ground of their political beliefs, race, religion or
membership of a particular social group”. NC also bars the deportation of any persons
held in custody as illegal immigrants without the authorization of a lawfully empowered
immigration tribunal.488The period under review witnessed fewer situations or instances
of either exile or forcibly returning to their countries (i.e. refoulement) of persons who
have a reasonable and well-founded fear of persecution on account of race, religion,
nationality or membership in a particular social group or political opinion.
However, the period under review saw a dramatic increase in the number of civil
litigation cases lodged against GoN due to human rights abuses committed by Nampol
and NDF members. By April 18 2008 more than 300 civil litigation cases lodged against
GoN in connection with acts perpetrated by Police and NDF members were pending in
the High Court and lower courts.489
According to a report issued by MoJ and tabled in NA, there has been an escalation of
constitutional cases and no end was in sight due to chronic shortage of personnel.490The
period under reporting also saw several allegations of abuse of power being leveled
against NamPol and or other law enforced agencies, including:
2.3.5.1. Police Brutality
During the period under review, NSHR handled a total of 96 complaints of alleged Police
brutality received from both trial-awaiting detainees and convicted prisoners countrywide.
Of the total, victims in person reported 53 incidents while the remainder of the
complaints, being 43 cases, was reported through letters. Most of the alleged Police
brutality complaints were actually excesses committed by the Prison Guards against
convicted prisoners and trial awaited detainees at the country’s correctional institutions
and Police holding cells. In most cases involving trial-awaiting prisoners Nampol
members were accused of denying victims of human rights abuses the right to either lay
487
Article 97 of NC
488
Article 11(4) of NC
489
“Polisie en weermag in beskuldigdebank“, Republikein online, April 18 2008
490
139
charges against their assailants or obtain medical treatment for injuries or both. This is
especially the case when the perpetrators fellow Police officers.
2.3.5.2. Epupa Commander Assaults Himba Woman
On July 10 2008 Vazembako Tjambiru (age unknown) told human rights defenders that
SFF Base Commander Paul brutally assaulted her indiscriminately all over the body and
humiliated her by stripping her naked and then flogged her on the buttocks with a
horsewhip in the public view. Commander Paul accused Tjambiru of having stolen his
N$5 coin but Tjambiru denied this emphatically. She was unable to freely pass urine for
three days due her injuries. Documentary evidence, including color pictures, strongly
suggests that Tjambiru has, indeed, been assaulted. The incident occurred on July 6 2008
at the Onungurura village in the Epupa Constituency, some 230 kilometers north of
Opuwo.491Tjambiru is a member of the marginalized Ovatwa indigenous minority group.
In a Press Release issued on July 17 2008, NSHR called upon NamPol Inspector General
Sebastian Ndeitunga to cause to be investigated without delay, the charges of assault and
indecent exposure against SFF Commander Paul.492
2.3.5.3. Constable Brutalizes Opuwo Man
On June 23 2008 NamPol Constable Iyambo of Opuwo allegedly assaulted an Angolan

national Joseph Vahunga (26) at Miami System Bar in the Otuzemba Location in the
town of Opuwo. Vehunga informed human rights defenders that he won N$10 from a
jackpot machine. However, Constable Iyambo, who also gambled at the same machine,
claimed that he was the actual winner of the N$10 and accused Vehunga of stealing his
money. Hence, Constable Iyambo and his friends allegedly started beating Vehunga
indiscriminately. They allegedly also robbed Vehunga an amount of N$120 from his
pocket.
491
“Brutality charges plague Opuwo Police”, Press Release, July 17 2008
492
140
A medical report and color photographs suggested that Vehunga has been assaulted.
NSHR called upon NamPol Inspector-General Sebastian Ndeitunga to cause to be
investigated, without delay, charges of assault and theft Constable Iyambo.493
2.3.5.4. Karibib Police Assaults Man
On May 10 2008 Karibib-based NamPol members allegedly assaulted Reinhold Loth (41)
for no apparent reasons. Loth told HRDs those two SFF members grabbed him and hit
him three times on the head with a butt of a handgun before they dragged him into the
Police precinct where they additionally kicked him brutally “as they were taking me to
the cells”. In the process, they inflicted severe bodily harm to his ribs and the right arm.
Approached for comment on May 12 2008, NamPol’s Commanding Officer for Public
Relations Chief Inspector Angula Amulungu told NSHR that he was not aware of the
incident. However, Chief Inspector Amulungu said the Police would look into the
allegations.494
2.3.5.5. Mariental Police Brutalize Man
April 17 2008 two (2) unidentified Nampol members at the town of Mariental allegedly
subjected Johannes Nanyemba (26) to “brutal” assaults. The two (2) NamPol officers,
who were apparently in a sodden state, took Nanyemba to the Mariental Police precinct
where they “grabbed me by the back of my head and attempted to shove me into a Police
cell”. When he tried to ask his captors for the reason for this conduct, the two Policemen
handcuffed him and started to beat him and kick him indiscriminately. As a result,
Nanyemba sustained several wounds and bruises on his head, the right eye, arms, the
back and the left ribcage.
Color photographs in NSHR’s possession show Nanyemba with fresh wounds in different
sections of his body. Nanyemba also complained of having been subjected to “brutal”
493
494
141
assaults. He accused two Oshiwambo-speaking NamPol members of this brutal
conduct.495However, Nanyemba denied having been drunk on the night of the incident.
Commenting on the incident, Mariental-based HRD David Uuyuni wa Kamati said: “But
even if Nanyemba was really drunk, as the Police claim, there is absolutely no lawful
reason for the Police to assault him, let alone treating him in what appears to be a brutal
infliction of physical torture on a helpless victim”.
2.3.5.6. Police Officer Assault Woman
On February 2 2008 a Wanaheda Police sergeant allegedly brutally assaulted Windhoek

resident resident Theresia Kafidi (34) and even attempted to stab her with a knife. Kafidi
suffered severe injuries to her right hand, inflicted with the knife and her 4th and 5th
fingers have been severed almost permanently.
Although Kafidi has laid a criminal charge against her attacker (Wanaheda CR 61/02.08)
and that the assailant had been arrested, he allegedly continued to threaten to kill her with
impunity. The suspect allegedly also continued to subject Kafidi to crimen injuria and
other insults as well as stalking. Color photographic evidence suggests strongly that
Kafidi has been severed with a knife.496
2.3.5.7. Police Beat Nama Man
On February 24 2008, NamPol members allegedly “severely” assaulted Bethanie resident

Bruce Boois, while in custody at the Bethanie Police precinct. On March 13 2008 Nama
Chief David Frederick of Bethanie told NSHR that Boois’ injuries were “so severe that he
was immediately escorted by the Bethanie Health Centre to Keetmanshoop [State]
Hospital”.497Since Keetmanshoop State Hospital could also not assist the victim, Boois
had to be referred to Windhoek State Hospital”.498Boois claimed: “I was urinating blood
495
496
497
“Re: Misconduct of Namibian Police at Bethanie”, Letter from Chied David Frederick, /Ui//Gandes Traditional
Authority, Bethanie, March 13 2008
498
142
and had to be referred to the Windhoek Central Hospital where I was hospitalized for
almost a week”.499
2.3.6. FREEDOM FROM ENFORCED DISAPPEARANCE
“Enforced disappearance of persons" herein means the arrest, detention or abduction of

persons by, or with the authorization, support or acquiescence of, a State or a political
organization, followed by a refusal to acknowledge that deprivation of freedom or to give
information on the fate or whereabouts of those persons, with the intention of removing
them from the protection of the law for a prolonged period of time.
In terms of Rome of Statute, enforced disappearance is a “crime against humanity” as are

other acts, such as murder, forcible depopulation, severe deprivation of liberty and rape,
when committed as part of a widespread or systematic attack directed against any civilian
population and when the attack is perpetrated with the knowledge of the attack on the part
of the perpetrators.500Acts of enforced disappearance “shall be considered as continuing
offences as long as the perpetrators continue to conceal the fate and or the whereabouts of
persons who have disappeared and as long as these facts remain unclarified”.501
NC does not expressly make reference to involuntary or enforced disappearance.

However, in terms of subordinate national and international human rights law, kidnapping
and abduction constitute heinous crimes. Enforced disappearance is a very complex and
cumulative violation of human rights and humanitarian law involving violations of the
right to personal liberty and security, the right to recognition as a person before the law
and the right not to be subjected to inhuman and degrading treatment and a grave threat to
the right to life.
499
500
Article 7(2) (i) of the Rome Statute of the International Criminal Court of July 17 1998 and see “Rome Statute of the
International Criminal Court” U.N. Doc. No. A/CONF. 183/9 (July 17, 1998), 37 I.L.M. 999
501
Article 17(1) of the 1992 UN Declaration on the Protection of All Persons from Enforced Disappearances
143
2.3.6.1. Previous Incidents and Situations
Several discrete incidents and or situations of enforced disappearances committed prior to

September 28 2007 remained unresolved as the period under consideration ended. In
some cases, there was no evidence that such incidents or situations have been
investigated. In cases where investigations have been conducted perpetrators have simply
not been prosecuted and punished in accordance with the law.
2.3.6.2. New Incidents or Situations
New information has been received during the period under review on altogether ten (10)
situations of enforced disappearance, affecting more than 3 300 persons as the period
under review ended. These disappearances have occurred along the country’s northern
and northeastern border between 1994 and 2003. Namibian security forces, carrying out a
shoot-to-kill decree issued by then President Sam Nujoma were cited as the principal
perpetrators of such disappearances.
On September 9 2008 NSHR said it had discovered six (6) graves containing the remains
of up to 1 600 victims of crimes against humanity following a past “state security”
crackdown on Namibia’s northern border with Angola. In a report entitled Namibia
Enforced Disappearances: Discovery of 'No Name' Gravesites, the Human Rights
Organization said ordinary citizens as well as present and former members of the
Namibian Police and army in the Ohangwena Region had alerted it to the presence of
what appeared to be unmarked graves on either side of the border between Namibia and
Angola. On July 31 2008 members of the Angolan Police had also confirmed the
presence of “no name mass graves” in the area that extends up to 30 kilometers into
southern Angola.
Although it stressed that “in the absence of any forensic investigation, we have no
absolute proof that these are, indeed, mass gravesites”, NSHR also charged that
“reasonable cause” existed to believe that those whose remains were allegedly buried in
the graves might have been victims of alleged enforced disappearances carried out by
144
Namibian and Angolan security forces between 1994 and 2003 against alleged UNITA
rebels and their ‘sympathizers’ along the country’s northern and northeastern border.
The Human Rights Organization said the crimes were perpetrated following a 1994
presidential decree issued by then Namibian president Sam Nujoma. Nujoma ordered
Namibian security forces to clear the northeastern Kavango and Caprivi regions of the
country of alleged UNITA infiltrators. NSHR called for an independent forensic
investigation of the mass graves and recommended that Nujoma be held personally
accountable for any crimes that come to light.502
At a press conference held in the Namibian capital on September 9 2008, NSHR

announced the discovery of what “appear to be ‘no name’ mass grave sites on both sides
of the country’s border with neighboring Angola and that some of the graves could
contain the remains of up to 1 600 civilians. According to NSHR executive director, who
spoke on behalf of the Human Rights Organization, the graves are believed to hold the
remains of thousands of people who disappeared at the hands of Namibian and Angolan
security forces between 1994 and 2003. NSHR called for independent international
experts to investigate the sites.
On or around September 28 1994 then Namibian President Sam Nujoma ordered

Namibian security forces to clear “all illegal immigrants” from the border area. Some
were accused of being members of the Angolan rebel movement, Unita. The order
resulted in indiscriminate systematic attacks on the local civilian populations along the
border people, NSHR said it had been told the attacks were led by a special military
intelligence NDF unit known as “Tornado”. A Nujoma spokesperson described the
allegations as “an attempt to discredit the former President.
502
“Namibia group claims find of 'apparent mass graves' on Angola border”, M&G Africa News online, September 9
2008; “'Mass graves found in Namibia'”, SAPA newsonline, September 10 2008; “Mass graves found in Angola:
NSHR”, The Namibian online, Wednesday September 10 2008 and “Civilians shot by NDF, Angolan troops 'buried in
mass grave'”, The Namibian online, Thursday, September 25 2008
145
2.3.7. [DIS] RESPECT FOR RULE OF LAW
“Respect for the rule of law” herein refers to a situation when and or where GoN officials,
by their commissions or omissions, upheld written laws or any other established rules.
This is also the case where such laws and rules were applied equally and consistently in
respect of everyone and or where the courts provide the reasons based upon the law for
their decisions.
“Respect for the rule of law” also refers to a situation that excludes all undue, improper
interference or influences, corrupt acts or abuse of position as well as any other
impairment of virtue, moral principles or rectitude in the course of the administration of
justice.
Alternatively, in its most basic form, respect for the rule of law refers to the doctrine that
nemo est supra legis (i.e. no one is above the law) and that governmental authority is
legitimately exercised only in accordance with written, publicly disclosed laws adopted
and enforced in accordance with established procedural steps that are often referred to as
the due process.
The doctrine is intended to be a safeguard for inter alia the right to political security
against arbitrary governance, whether by a totalitarian leader or by mob rule. Thus,
respect for the rule of law is an antithesis both to dictatorship and to anarchy.
Respect for the rule of law is strengthened by inter alia ensuring equality before the law
and equal protection under the law, ensuring the right to liberty and security of person as
well as to equal justice and to be brought promptly before a judge or other officer
authorized by law to exercise judicial power in the case of detention, guaranteeing the
right to a fair trial, ensuring due process of the law and guaranteeing in respect of
everyone the right to be presumed innocent until proven guilty in a court of law well as
promoting continuously the independence, impartiality, competence, integrity, lawfulness
and effectiveness of the judiciary. This is best achieved through appropriate education,
146
selection, support and allocation of resources, strengthening its capacity to render justice
with fairness and efficiency, free from improper or corrupt outside influence.
Adequate protection for all the basic human rights and fundamental freedoms, including
the right of everyone to political security, is conditional upon the respect for the rule of
law. Respect for the rule of law, on the other hand, is inextricably linked to judicial
independence.
Judicial independence is the doctrine holding that decisions of the judiciary should be
impartial and not subject to any influence from the other branches of government or from
private or political interests. In most cases, giving judges long tenure and thereby making
them not easily removable secure judicial independence.503 To this end in 1985, the UN
has set forth a set of standards known as the Basic Principles on the Independence of the
Judiciary, which envisages judges with full authority to act free from any pressures and
or threats, and adequately paid as well as equipped to carry out their duties.504
Respect for the rule opf law goes hand in hand with the principle that the government
must respect all of the legal rights that are owed to a person according to the law of the
land, instead of respecting merely some or most of those legal rights. This state of affairs
is also known as the due process law.505
NC defines the country as a State founded inter alia upon the principles of the rule of law
and justice for all.506NC also recognizes the doctrine consecrated in it that the inherent
dignity and equal and inalienable rights of everyone are most effectively maintained and
protected in a democratic society, where the government operates under a free and
independent judiciary.507
503
http://en.wikipedia.org/wiki/Judicial_independence
504
According to Principle 2: “The judiciary shall decide matters before them impartially, on the basis of facts and in
accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences,
direct or indirect, from any quarter or for any reason”
505
http://en.wikipedia.org/wiki/Due_process
506
Article 1 (1) of NC
507
paragraphs 1 to 3 of Preamble to NC
147
However, the period under consideration saw several factors amounting to grave passive
and or active threats to the respect of the rule of law and justice for all as well as the
integrity of the judicial administration system and, in the final analysis, to the right of
individuals and communities to political security, including:
2.3.7.1. Threats to Judicial Independence
Through various means of reporting, such as press releases and annual and thematic
human rights reports, NSHR has, over the years consitently expressed serious concern
about judicial independence in the country.508Specifically, NSHR has been persistently
expressing “grave concern” over inter alia a chronic “pattern of commissions and
omissions” by the Executive Branch to undermine judicial independence in the State
Party.509 For example, in a Press Release titled Concern over Judicial Independence &
Integrity issued on July 22 2004 in which at least seven (7) serious incidents were listed,
the human rights organization has made this observation:
“NSHR is deeply disturbed that the Executive Branch has over the years
successfully managed to insidiously and systematically rid this country of an
independent judicial system through a triangular strategy: public pressure,
including systematic verbal attacks510[as well as the] passage of crippling and
incursive legislation; and the maintenance of an acting judicial officer system”.511
508
“The State of the Judiciary and the non-adherence to the Constitution”, Press Release, NSHR, August 8 2000;
“Another deplorable erosion of rule of law”, Press Release, NSHR, February 25 2004; “Minister’s utterances
treasonous”, Press Release, NSHR, March 3 2004; “Concern over Judicial Independence & Integrity”, Press Release,
NSHR, July 22 2004; “Namibian judiciary ‘facing Zimbabweanisation’”, Afrol news online,
www.afrol.com./articles/12105; and “NSHR questions judge’s appointment”, Press Release, NSHR, June 6 2006,
“Concern over judicial independence and integrity”, Press Release, NSHR, July 22 2004, “Magistrate Denied Leave
And Pay After Challenging Employer’s Unconstitutional Acts”, Press Release, NSHR, April 21 2004, “Namibia: The
Judiciary under siege”, Special Report for 1995, NSHR, January 5 1996 and “Right to Fair Public Trial”, Namibia:
Human Rights Reports 2000-2007
509
“The State of the Judiciary and the non-adherence to the Constitution”, Press Release, NSHR, August 8 2000;
“Another deplorable erosion of rule of law”, Press Release, NSHR, February 25 2004; “Minister’s utterances
treasonous”, Press Release, NSHR, March 3 2004; ““Concern over Judicial Independence & Integrity”, Press Release,
NSHR, July 22 2004; “Namibian judiciary ‘facing Zimbabweanisation’”, Afrol news online,
www.afrol.com./articles/12105; and “NSHR questions judge’s appointment”, Press Release, NSHR, June 6 2006
510
“More attacks on Namibian judiciary”, The Namibian online, Thursday, March 29 2001; “Govt addresses judiciary
issue”, The Namibian online, Monday, April 30 2001; “Kapia ‘undermining’ judiciary”, The Namibian online,
Wednesday, June 26 2002; “PM sticks to his guns on change in judiciary”, The Namibian online, Thursday, February 6
2003; “Law Society defends judiciary”, The Namibian online, Friday, July 5 2002
511
“Concern over Judicial Independence & Integrity”, Press Release, NSHR, July 22 2004
148
Hence, contrary to the legal principles consecrated in NC512and ICCPR513, the country’s
judicial independence has been constantly threatened by several structural and other
factors. These factors amount to restrictions, improper influences, inducements, pressures,
threats or interferences, direct or indirect, from especially the Executive Branch and
violate the absolute and peremptory requirement that the judiciary must be independent,
impartial, effective, and competent as well as lawful, including:
2.3.7.1.1. Attacks on the Judiciary
Since the declaration of Namibian independence on March 21 1990, various GoN and
ruling Swapo Party officials, led by former President Nujoma, have been sustaining
attacks on the judiciary for alleged racism on the part of white judges, magistrates,
prosecutors and lawyers as well as their alleged leniency towards criminals.514These
systematic attacks have thus seriously helped to undermine public respect for the
judiciary and confidence therein.
2.3.7.1.2. Enactment of Crippling Legislation
On and or around November 22 2002 the Swapo Party-controlled Parliament enacted a

crippling and incursive amendment to the Legal Practitioner’s Act 1995 (Act 15 of 1995)
supposedly to address racial imbalances in the profession. In terms of the new law, the
Legal Practitioners’ Amendment Act 2002 (Act 22 of 2002), would-be lawyers have been
exempted from mandatory practical exams.
This move has been criticized for its perceived threat to the independence of the
Namibian judiciary because the amendment created a widespread perception that lawyers
would from thereon qualify at GoN and by extension Swapo Party discretion.
This scheme of things has created a situation where GoN and, by extension, the ruling
Swapo Party determines who could enter legal practice as well as to indirectly control the
512
Articles 12(1) (a), 78(2) and 78(3) of NC
513
Article 14(1) of ICCPR, read with paragraphs 19 and 25 of CCPR General Comment 32 of August 23 2007
514
“Namibia: The Judiciary under siege”, Special Report for 1995, NSHR, January 5 1996
149
Law Society of Namibia (LSN) and thereby influence the composition of JSC. JSC is
influential in the appointment of High Court judges! Hence, the UN Special Rapporteur
on the Independence of the Judiciary also expressed concern that the amendment
“violated the universally accepted norms for the protection of an independent legal
profession”.515
2.3.7.1.3. Admission of Legal Practitioners
There are several indications to prove that GoN has systematically exerted undue
influence upon the Judiciary. For example, the Legal Practitioners Act 1995 (Act 15 of
1995) had to be amended during November 2002, inter alia, in order to allow the
admission of certain GoN-employed law graduates as legal practitioners without passing
a qualifying examination. In other words, these are de facto affirmative action
appointments.516This also qualifies them to become members of JSC, which makes
recommendations to the President to appoint High Court and Supreme Court Judges.
2.3.7.1.4. Appointment of Prosecutor General
GoN and, by extension, the ruling Swapo Party, has also been instrumental in the
controversial appointment of Prosecutor General Advocate Martha Imalwa-Ekandjo in
2002. Speaking in NA in June 2002, Attorney General Pendukeni Iivula-Ithana, who also
sits on JSC, diligently and openly campaigned for the appointment of Ms. Martha Imalwa
as the current Prosecutor General and strongly defended the ad hoc amendment to the
Legal Practitioners Act 1995 (Act 15 of 1995). The amendment was made under the
shroud of “[modernizing] the legal practice and [democratizing] a profession that had
once been the exclusive domain of privileged white elite”.517
515
“Concern over judicial independence and integrity”, Press Release, NSHR, July 22 2004
516
The Judicial Service Commission is not an “employer” as contemplated in the Labor Act 1992 (Act 2 of 1992), the
new Labor Act 2007 (Act 11 of 2007) or the relevant Sections of the Public Service Act 1995 (Act 13 of 1995) and
hence the provisions of the Affirmative Action (Employment) Act 1998 (Act 29 of 1998) are ipso facto not applicable
thereto
517
“Law on lawyers faces challenge”, The Namibian online, Monday, November 18 2002
150
Predictably, during November 2002, ruling Swapo Party MPs in quorum abused their
majority and bulldozed the enactment into law of the controversial Legal Practitioners
Amendment Act 2002 (Act 22 of 2002), despite serious objections from both the
Opposition parties and the country’s two professional legal bodies.518
2.3.7.1.5. Runaway Powers of Prosecutor General
NC vests absolute prosecutorial powers of the country exclusively in the Office of the
Prosecutor General, who is a sui generis judicial officer.519However, there is concern
among NSHR and other justice activists in the country that the Office of the Prosecutor
General should be judicially accountable and be based on a set of guidelines and or other
legally binding criteria in order to enhance impartiality, fairness, transparency and
consistency in the exercise of prosecutorial powers. This is especially relevant with
regard to the powers of the Prosecutor General regarding whether or not to prosecute
certain criminal cases.
2.3.7.1.6. Appointment of Acting Judges
The other structural threat to the independence of the judiciary lies in the practice of
appointing the acting judges. Since an acting judge, unlike his or her permanent
counterpart, has no tenure, this puts him or her under pressure including undue influence
and interference from the executive branch. The fact that some of the acting judges are
expatriates, from neighboring countries such as Zimbabwe, might create a negative
perception about judicial independence.
This state of affairs is, for all practical purposes, unconstitutional and even illegal,
especially with regard to the Supreme Court. Case in point: Section 5 of the Supreme
Court Act 1990 (SCA) (Act 15 of 1990) states that the Supreme Court shall consist of the
518
“Lawyers take Govt to court”, The Namibian online, Monday, January 27 2003; “Admission of Prosecutor as legal
practitioner delayed”, The Namibian online, Tuesday, January 28 2003, Court postpones Imalwa’s application to be
admitted as a legal practitioner”, The Namibian online, Monday, February 17 2003; “Test case on independence of
Prosecutor General starts”, The Namibian online, Tuesday, July 1 2003; “Law would cut to heart of democracy, warns
lawyers”, The Namibian online, Wednesday, July 2 2003; “Law Society to challenge Govt in Supreme Court”, The
Namibian online, August 21 2003
519
Article 88(2) of NC
151
Chief Justice and such additional judges appointed in a permanent capacity as determined
in accordance with the provisions of NC.520‘Justice must not only be done, it must also be
seen to be done’.
2.3.7.1.7. Composition of JSC
In terms of NC, the President, on the recommendation of JSC, appoints all High Court
and Supreme Court judges.521The JSC is composed of the Chief Justice (who chairs it),
the Attorney General (who is a politician and member of the Executive Branch) and
another judge of the High Court (who is directly nominated by the President) as well as
two (2) members from the two rival legal associations, viz. LSN and Namibia Law
Association (NLA). Since NLA is not a statutory body, it is questionable whether or not
JSC is ipso facto legally constituted in its present form.
One of the most crucial problems is, first, the fact that the President directly appoints the
Attorney General and another Judge of the High Court to be members of JSC. Secondly,
most of the members of the legal associations are either themselves employees of the
Executive Branch and or that they are dependent on such Branch for clientele. Hence,
they would be extremely susceptible to undue political influence from the said Branch.
Thirdly, the fact that the two legal associations--viz. NLA and LSN, consist of
predominantly black lawyers and white lawyers, respectively--creates festering racial
tensions and unhealthy rivalry between the two bodies.522In NSHR’s opinion, this
situation has an additional negative impact on the makeup of JSC.
2.3.7.1.8. Lack of Transparency on JSC Operation
NC also obligates JSC to make rules and regulations to regulate the procedures before
it.523While Section 4 (2) of the JSC Act 1995 (Act 18 of 1995) also makes it obligatory
for JSC to execute its operations and functions in accordance with the rules and
520
521
Article 85 of NC
522
“Law Society to challenge Govt in Supreme Court”, The Namibian online, Thursday, August 21 2003
523
152
regulations made in terms of NC.524All judicial appointments made by JSC must ipso
facto follow such rules and regulations. However, since Namibian independence
numerous appointments have been made to the judiciary without such rules or regulations
having been promulgated. Hence, the operations of JSC are ipso facto ultra vires. This is
in addition to the fact that JSC conducts it operations sub rosa and, hence, judicial
appointments are merely announced in the press once they have been implemented.
There should therefore be a participative and transparent process to be followed when

judges and other judicial officers are appointed. Accordingly, there should be public
hearings at which interested parties can make submissions or where candidates should at
least be interviewed in a forum that is open to the general public. This process is very
important because judges are appointed until the age 65 and can only be removed from
office under exceptional circumstances.
2.3.8. RIGHT TO FAIR PUBLIC TRIAL
“The right to a fair public trial” refers to a procedural judicial process, which includes the
right to a public hearing before an independent, impartial, competent and lawful court or
tribunal, within a reasonable time with the presumption of innocence and other minimum
rights (such as due process of law, adequate time and facilities to prepare a defense,
access to legal representation of one’s choice, the ability and opportunity to examine
witnesses, free assistance of an interpreter) and the absence or exclusion of all forms of
self-incrimination and all forms of intimidation of the accused and or witnesses.
The “right to a fair public trial” also includes freedom from official hate expression and
other verbal attacks or veiled threats directed at judicial officers calculated or likely to
have the potential to undermine the independence, impartiality, competence, authority
and dignity as well as effectiveness of the judiciary.
524
Article 85(3) of NC
153
The right to a fair and public trial is provided for in terms of NC.525The “right to a fair
public trial” is furthermore guaranteed under ICCPR526as well as the Rome Statute of
ICC.527However, the period under review witnessed numerous factors, incidents and
situations amounting to both passive and active denial of the right to a fair trial, including:
2.3.8.1. Corrupt Police Practices
Police corruption continued to increase during the period under reporting. Both high-
ranking and low-ranking Police officers faced charges of corruption and other related
malpractices to the chagrin of NamPol Inspector Gen-Lieut. General Sebastian
Ndeitunga.528 Five incidents of alleged Police corruption have been recorded during the
period under review.
2.3.8.2. Backlog of Court Cases
Altogether 184 177 cases have been handled by the directorate of prosecutions. However,
only 92 430 of these could be finalized over a period of five years and of these less than
half or 40 937 cases were found guilty. A total of 43 321 cases have been withdrawn and
7 489 accused were found not guilty. There were a total of 5 834 active civil cases before
the courts of which 1 139 were registered during the previous financial year.529There were
altogether 32 permanent courts in the country of which 9 had no resident magistrate.
Almost all the courts without a resident magistrate were located in the southern parts of
country where criminality is reportedly high.
2.3.8.3. Chronic Postponemnets of Court Cases
Chronic postponements of court cases result from inter alia severe shortages of judicial
officers (i.e. magistrates and prosecutors), shortage of courts, OPG taking too long to
525
Article 12, read together with Articles 5, 18, 25(2) and 78 of NC
526
Articles 14(1) and 14(3) of ICCPR
527
Articles 64 and 67 of the ICC
528
“Police top brass in the dock”, Corruption Tracker, Insight Magazine, September 2007 and “Justice System fails on
corruption – research”, Informante, Thursday, April 3 2008
529
154
decide whether or not to prosecute suspects, improper or inadequate poor Police
investigation of cases, massive delays in Police investigations either due to severe
shortages of experienced Police officers or corrupt practices, chronically severe shortage
of transport, lengthy waiting period for Legal Aid Board assistance and loss and or stolen
case dossiers as well as lack of Police vehicles to bring suspects to the courts.530
Several other contributing factors included a sub-standard prosecutorial system, delays in

judgment delivery in the High Court and inconsistencies in sentencing.
2.3.9. RIGHT TO PRIVACY
The right to privacy means freedom from arbitrary or unlawful interference with anyone’s
right to privacy, family, home or correspondence as well as against unlawful attacks on
his or her honor and reputation.531HRC is of the view that the right to privacy right is
guaranteed against all such interferences and attacks whether emanating from State
authorities or from natural or legal persons. The obligations imposed by Article 17 of
ICCPR require GoN to adopt legislative, judicial, administrative and other measures to
give effect to the prohibition against such interferences and attacks as well as to the
protection of this right.532
NC also protects the right of everyone to privacy against interference with family, home
and correspondence as well as against unlawful attacks on the honor and reputation of
individuals.533The right to privacy encompasses State obligations to respect, protect and
promote the physical privacy relating to informed consent to performing mandatory HIV
testing for recruits for security forces.
The right to privacy also requires NCIS to obtain judicial warrant before searching homes
and correspondences of citizens and that prior to conducting espionage or surveillance of
530
“Special Report on Conditions Prevailing at Police Cells Throughout Namibia”, Office of the Ombudsman,
Windhoek, November 2006
531
Article 17 of ICCPR
532
CCPR General Comment No. 16 of May 8 1988 on Article 17 of ICCPR the right to respect of privacy, family, home
and correspondence, and protection of honor and reputation
533
Article 13 of NC
155
any persons, including conducting wiretapping, intercepting mail and or other covert
operations, NCIS agents must first obtain express consent of a judge for that purpose.
There were no known new incidents and or situations amounting to arbitrary GoN
interference in the privacy of citizens as the period under review ended.
2.3.10. FREEDOM FROM DISCRIMINATION
“Discrimination” refers to any distinction, exclusion, restriction or preference which is

based on any ground such as race, color, sex, language, religion, political or other
opinion, national or social origin, property, birth or other status, which has the purpose or
effect of nullifying or impairing the recognition, enjoyment or exercise by all persons, on
an equal footing, of all rights and freedoms.534
Direct discrimination occurs when a person is treated less favorably than another in a
comparable situation because of their racial or ethnic origin, religion or belief, disability,
age or sexual orientation. Indirect discrimination, on the other hand, occurs when an
apparently neutral provision, criterion or practice would disadvantage people on the
grounds of their racial or ethnic origin, religion or belief, disability, age or sexual
orientation unless the practice can be objectively justified by a legitimate aim.
Both NC and ICCPR expressly provide for the right to equality and non-discrimination
before the law.535Furthermore, the country’s administrative and legislative bodies are duty-
bound to “remain vigilant and vigorous for the purposes of ensuring that the scourges of
apartheid, tribalism and colonialism do not again manifest themselves in any form” in the
country and to “protect and assist disadvantaged citizens” who have historically been the
victims” of the said scourges.536
Nonetheless, NSHR remains concerned that various forms of discrimination--threatening

the rights to political and community security of culturally and socio-economically
534
Articles 2(1) and 26 of ICCPR
535
Article 10 of NC and Articles 2 and 26 of ICCPR
536
Articles 40(l) and 63(2) (i) of NC
156
marginalized groups, such as women, disabled people, LGBTI people, PLIWA and
PLIHA as well as certain tribal or racial groups and indigenous minorities--have
continued unabated to manifest themselves during the period under reporting, including:
2.3.10.1. SOCIETAL DISCRIMINATION
“Societal discrimination” refers to both politically motivated and non-politically motivated

distinction, exclusionist, unfavorable or unfair treatment of a person or a group of persons
on such basis as sex or gender or disability or economic status and thereby nullifying or
impairing the recognition, enjoyment or exercise by such persons, on an equal footing, of
all of the rights and freedoms. Societal discrimination also includes verbal attacks on
women, PWDs, LGBTI people or any other object of societal discrimination for
criticizing or opposing certain unfair political and or other practices of GoN, the ruling
party and or any other entities exercising quasi-governmental authority. As the period
under review drew to the end, several manifestations of societal discrimination have been
monitored, including:
2.3.10.1.1. Discrimination against Women
“Discrimination against women” shall mean any distinction, exclusion or restriction made
on the basis of sex which has the effect or purpose of impairing or nullifying the
recognition, enjoyment or exercise by women, irrespective of their marital status, on a
basis of equality of men and women, of human rights and fundamental freedoms in the
political, economic, social, cultural, civil or any other field.537
Like CEDAW, NC also makes provision for equality treatment before the law.538NC also
provides that because women have traditionally suffered special discrimination, they
should be enabled, through, inter alia, the enactment of legislation ensuring equality of
537
Article 1 of CEDAW
538
paragraphs 1 and 5(5) of Preamble to NC and Articles 1(1) and 10 of NC
157
opportunity with the view to play a full, equal and effective role in the cultural, economic,
political and social affairs of the country.539
Furthermore, GoN has ratified CEDAW and subscribes to several other related
international human rights instruments, such as the SADC and AU Declarations on
Gender and Development. Both SADC and AU declarations commit Member States to
achieving 50 percent women's representation in political and decision-making structures.
The country has also in place its own National Gender Policy through which GoN
promises to increase female participation at all levels of politics and decision-making.
However, NSHR remained concern by the fact that, although women make up more than
50 percent of the country’s 2 million people, threats to the right of women to political
security as well as other manifestations of societal discrimination against women
remained pervasive as women continued unabatedly to be under-represented and un-
represented in the decision-making processes.
For example, out of the total of 78 NA MPs, women accounted for only 24 seats and this
translates into only 31 percent instead of the 50 percent prescribed in accordance with the
amended 1997 SADC Declaration.540In 2005, SADC Heads of State agreed to increase
the target for women at all levels of decision-making from 30 percent to 50 percent.
During the period under review, women accounted for 27 percent of all Ministers, 25
percent of all Deputy Ministers and 23 percent of all Permanent Secretaries as well as 24
percent of all Deputy Permanent Secretaries. Twenty-seven (27) of all the country’s 104
MPs were female while women also made up around 32 percent of the directors and
heads of departments in the civil service.541
Furthermore, women in the Swapo Party were the biggest losers during the December
2007 ruling party’s 4th Congress, despite promises that women would have better
representation at all top levels of the party. Although women made up close to 50 percent
of the delegates, only five (5) women made it into the party’s Politburo, while out of 83
539
Articles 23(3) and 95(a) of NC
540
“Namibia Meets Target on Gender Balance”, New Era online, Thursday, 8th of May 2008
541
“SADC Ministers Fine-tune Gender Protocol”, New Era online, May 6 2008
158
members of the Swapo Party Central Committee only eighteen (18) female delegates
made it to the final list. The previous Central Committee of the ruling Swapo Party had
nineteen (19) women, making up 23 percent of the total. In 2007 SPWC promised to push
for 50 percent representation in the top decision-making bodies and in NA.542
MET Minister Netumbo Nandi-Ndaitwah urged NA and political parties to “now work
hard towards reaching the 50 percent women representation as recommended by the
African Union (AU)”.543
During the commemorations of the International Women’s Day on March 8 2008 several
women rights activists spoke out against gender discrimination and socio-economic ills
facing women in the country. Gender equality experts have argued that, while GoN has
made efforts aimed at modernizing discriminatory laws and galvanizing women’s
participation, these can be frustrated by the deep-rooted cultural barriers that so often run
in parallel with poverty.544Women constitute 52 percent of the rural population and
women contribute enormously to agricultural production. The majority of the population
resides in rural areas. Women also head 39 percent of all households with 43 percent in
rural areas and 32 percent in urban areas.545
However, Women's Action for Development (WAD) Executive Director Veronica de

Klerk said at the beginning of October 2008 that the strong influence of harmful cultural
practices is aggravating poverty among country’s women population. De Klerk said while
organizations, such as WAD, were empowering poor people with skills to find jobs and to
earn decent living, witchdoctors were stripping the poor of their hard-earned cash. She
stressed that many women and children were suffering tremendously because of harmful
cultural practices, which also impede their development and for which witchdoctors,
among others, are primarily responsible. She appealed to GoN to implement the
Community Courts Act of 2003 (Act 10 of 2003) as a means of not only reducing harmful
542
“Women in Swapo end up the biggest losers”, The Namibian online, Monday, December 3 2007
543
“SADC Ministers Fine-tune Gender Protocol”, New Era online, May 6 2008
544
“Women Remain Financially ‘Trapped’”, New Era online, March 11 2008
545
159
practices that contravene the NC but also the suffering of women and children at the
hands of witchdoctors.546
For example, Finance Minister Saara Kuugongelwa-Amadhila lamented “a catalog of

social problems plagues women today”, such as GBV, HIV-AIDS, unemployment and
poverty, which resulted from gender inequalities. According to Kuugongelwa-Amadhila,
18 years after independence, the formal sector is still dominated by men and men also
occupy better paying jobs with the latest technologies. Like WAD’s Veronica de Klerk
cited above, Kuugongelwa-Amadhila also blamed strong cultural practices and traditions
such as and patriarchy for creating what she described as “the most stubborn obstacle to
the essential steps towards women’s equality”.
Kuugongelwa-Amadhila also proposed “gender financing” and women empowerment

through policies, conventions and programs as some of the cornerstones of empowerment
of women in the country.547UN Resident Coordinator Simon Nhongo defined financing
for gender as mainstreaming gender into financial planning and critically examining the
separate roles men and women have to play in society. Nhongo proposed that the country
prioritized gender equality in its national budget in order to “destroy some of these
obstacles, such as gender-based violence, HIV-AIDS and poverty”.548
Women’s Solidarity Namibia Director Rosa Namises said the laws passed to protect
women “are just on paper and thus have little effect in changing the status quo”.
According to Namises, women in the country are still trapped in the same oppressive and
discriminatory state for years. She further stressed that the women in leadership positions
do not represent the concerns of marginalized women in the country, while “those
entrusted to combat violence against women and children are under-resourced and
overworked”.549
546
Internal monitoring reports, NSHR, October 3 2008 and “WAD lashes out against witchdoctors”, The Namibian
online, Tuesday, October 7 2008
547
548
549
160
CATS Trustee Carola Engelbrecht urged political parties to empower women with
integrity and caliber who understand issues of the day as well as women who would have
the courage to say what a party might not necessarily be in agreement with.550Writing in
The Namibian on January 25 2008, senior political analyst Dr. Henning Melber noted that
women activists operating in a strategic alliance with the ruling Swapo Party were either
isolated and neutralized or integrated into the new (male-dominated) hierarchy.551
2.3.10.1.1.2. Discrimination against Sexual Minorities
“Societal discrimination” and other forms of exclusion aimed against sexual minorities
remained pervasive during the period under reporting. Like PLIHA and PLIWA, the
country’s increasingly vocal sexual minorities continued to be subjected to widespread
stigmatization and other forms and or manifestations of societal discrimination.
Although no specific incidents of discrimination against LGBTI people have been

recorded as the period under review ended, NSHR remains concerned about the fact that
in the recent past, former Namibian President Sam Nujoma and Local Government and
Housing Minister Jerry Ekandjo have, a la Zimbabwean President Robert Mugabe,
launched high profile verbal attacks on sexual minorities in the country. For example, on
March 19 2001 Nujoma angrily branded sexual minorities “enemies of the State” while
on September 29 2000 Minister Ekandjo went even further by calling for the
“elimination” of LGBTI people “from the face of Namibia”.552
In its Shadow Report before CERD on July 15 2008, NSHR expressed concern inter alia
about the fact that there is “no information in the country on the conditions of special
minority and vulnerable groups, such as sexual minorities”.553Consequently, during its
consideration of the Namibia Country Report on the status of racial discrimination in
550
“Namibia Meets Target on Gender Balance”, New Era online, Thursday, 8th of May 2008
551
552
“Verbal attacks on Sexual Minorities”, Namibia: Shadow Report under International Convention on the
Elimination of Racial Discriminatio, paragraph 110-114
553
“Absence of Statistical indicia”, Namibia: Shadow Report under International Convention on the
Elimination of Racial Discrimination, July 15 2008, paragraph 11
161
August 2008, CERD expressed concern about hate speech in the country, “especially by
politicians”.554
2.3.10.1.1.3. Discrimination against PWDs
GoN has adopted certain legislative and administrative measures to give effect to the right
of PWDs. These include the National Disability Council Act of 2004 and ratification of
the UN Convention on the Rights of Persons with Disabilities. However, the main
challenge is how to change the attitudes and perceptions of those responsible for making
the decisions regarding disability issues. Hence, discrimination against PWDs also
continued during the period under reporting as GoN has come under fire for failing to
address the plight of Namibia’s PWD community.
On June 10 2008 NFPDN Chairperson Martin Tjivera accused GoN of failure to address
the plight of the country’s 85 000 PWD population. Tjirera said the majority of PWDs
“have lost hope in the top government especially those whom we thought could make a
difference for the people with disabilities in Namibia”. Tjirera lashed out at GoN for
allegedly acting in a slack manner in ensuring that a council, as per the National
Disability Act of 2004, is established saying “this situation has subjected most people
with disabilities to increasing abject poverty”.555
Office of the Prime Minister Disability Advisor Tjiueza Tjombumbi said decision makers
are ill informed by those around them and those they consult on the basis that they are
well versed in disability matters. Tjombumbi says that PWDs remain invisible in the
employment arena. Tjombumbi said much more needed to be done in order to ensure that
PWDs benefit from the Affirmative Action Act, Black Economic Empowerment, the
resettlement program and rural poverty reduction program as well as the millennium
account. Both Tjizera and Tjombumbi further called on the GoN to ensure that PWDs are
554
“Consideration of Reports Submitted by States Parties under Article 9 of the Convention: Concluding
observations of the Committee on the Elimination of Racial Discrimination”, Committee on the Elimination
of Racial Discrimination, Seventy-third session”, July 28-August 15 2008, paragraph 14
555
Internal monitoring reports, NSHR, June 10 2008 and “Government under Attack”, New Era online, Wednesday,
June 11 2008
162
represented at different levels of society throughout the country with the view to
addressing issues that affect them at local, regional and national levels.
President Pohamba acknowledged that disability issues cut across all facets of the social
and economic development and urged MTI to ensure the inclusion of and support for
PWD projects. Pohamba also urged MoE to facilitate the inclusion of education and
increased bursaries to accommodate PWD special needs.556
2.3.10.1.1.4. Discrimination against PLIHA
NSHR also remains gravely concerned about the fact that various forms of societal
discrimination as well as stigmatization and marginalization against PLIHA remained a
major problem during the period under reporting. Although there no specific incidents of
discrimination against PLIHA have been monitored as the period under review ended, the
Human Rights Organization expresses concern about the mandatory testing, not for
purposes of treatment but merely for the purpose of exclusion from employment of
PLIHA, in the areas of recruitment for law enforcement agencies, such as NDF, NamPol
and possibly others.
2.3.10.1.1.5. Discrimination against PLIWA
NSHR also remained concerned about widespread societal discrimination against PLIWA
in the country, which also continued unabated. As the period under consideration drew to
an end, many PLIWA people continued to encounter discrimination and stigmatization as
well as marginalization. With a ratio of 1 albino in every 3 000 people of the country’s
estimated 2 million people, Namibia has one of the world’s highest prevalence rate of
albinism, while the country’s Kunene Region has highest number of PLIWA.557
Abject poverty among the country’s PLIWA population meant inter alia that in most
cases, PLIWA people are unable to effectively care for themselves with specific regard to
556
Internal monitoring reports, NSHR, June 10 2008 and “Government under Attack”, New Era online, Wednesday,
June 11 2008
557
“Albinos Slowly Find Acceptance”, New Era online, October 24 2008
163
protection against skin cancer and sunburn. Skin cancer has often resulted in early
PLIWA deaths.
Hence, NSHR takes satisfaction in reports that societal discrimination against PLIWA
was on the decrease. To this effect, NAA President Joseph Ndinomupya reportedly said
during October 2008 that societal discrimination and other negative perceptions about
PLIWA were “thinning” as more Namibian people were becoming “aware” of the
problems facing the PLIWA population.558
2.3.10.2. RACIAL DISCRIMINATION
“Racial discrimination” means any distinction, exclusion, restriction or preference based

on race, color, descent, or national or ethnic origin which has the purpose or effect of
nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of
human rights and fundamental freedoms in the political, economic, social, cultural or any
other field of public life.559
In various sections thereof, NC guarantees directly and indirectly the right to equality of
everyone before the law.560While in terms of the basic and general principle relating to
the protection of human rights, the right to equality before the law to equal protection of
the law, GoN is under the obligation to respect and ensure to all persons within its
territory and subject to its jurisdiction the rights recognized in ICCPR, without distinction
of any kind, such as race, color, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status.561 Hence, ICCPR not only entitles
all persons to equality before the law as well as equal protection of the law, but it also
strictly prohibits any form of discrimination under the law and guarantees to all persons
equal and effective protection against discrimination on any ground, such as race, color,
558
“Albinos Slowly Find Acceptance”, New Era online, October 24 2008
559
Article 1 of ICERD
560
paragraphs 2 and 5(5) of Reamble to NC as well as Articles 1(1), 10, 18, 23, 24(3) and 25(1) of NC
561
CCPR General Comment No. 18 of November 10 1989 on Articles 2(1), 20(2) and 26 of ICCPR non-discrimination
164
sex, language, religion, political or other opinion, national or social origin, property, birth
or other status.562
However, the aforementioned constitutional and legal principles to the contrary, NSHR
remained concerned about systematic racial discrimination in the country. In a Shadow
Report before CERD released on July 15 2008, NSHR expressed serious concern that,
more than 18 years after Namibian independence from apartheid South Africa, forward
and reverse racial discrimination, racism, xenophobia and related intolerance remained
widespread against whites and members of other ethnic groups in respect of access to the
public service, while non-whites accused whites of inter alia racism and other forms of
discrimination in the country’s private sector which they control.563
Hence, the Human Rights Organization said in a Press Release issued on August 20 2008
that it was “not surprised” that, following its 73rd session held in Geneva between July 28
and August 15 2008, CERD severely criticized GoN over the inconsistency and
incompatibility of the country’s anti-racial discrimination laws with the provisions of
ICERD as well as the presence in the country of racist and apartheid laws.564
As the period under review drew to the end, several allegations of discrimination based
on race, color, language, religion, political or other opinion, national or social origin as
well as related intolerance have been recorded, including:
2.3.10.2.1. Discrimination against San
NSHR also remains gravely concerned about the fact that the country’s close to 30 000
San (i.e. Bushman) people continued unabatedly to remain the most discriminated against
as well as the most marginalized community in the country with regard to virtually all
aspects of social and political rights, such that on or around August 30 2005 Deputy
Prime Minister Dr. Libertine Amathila claimed that she was “shocked to discover” that
562
Article 26 of ICCPR
563
564
165
the San peoples lived under virtual slavery.565As if exonerating GoN from its State
responsibility to protect the San peoples for San misery, on or around July 27 2007 Dr.
Amathila singled out certain non-San citizens as being guilty of a ‘slave trade’ with
regard to the treatment of members of the San indigenous minority groups. Dr. Amathila
also accused non-San citizens of exploiting San people on farms and in homes as well as
through other forms of human degradation and or servitude. NC expressly outlaws both
slavery and servitude.566
Laying the blame for the San misery at the feet of GoN on September 4 2005, NSHR
urged GoN to “make reparations” for the San peoples.567As if directly concurring with
NSHR’s call for San reparations, CERD also recommended on August 15 2008 that GoN
“take steps to return those lands and territories or to provide adequate reparation
measures, in accordance with paragraph 5 of general recommendation No. 23 (1997) on
the rights of indigenous peoples”.568
Moreover, the 1991 National Conference on Land Reform and Land Question resolved to
implement the land rights of especially the San communities that need special protection,
no legislative, judicial, administrative or other measures have so far been taken in order to
give effect to the resolutions of the said Conference. In a 60-page report showing that
Namibia’s 30 000 San people remain landless and that they have yet to reap the benefits
of democracy in the country, public interest law firm LAC said in 2007 that the San
peoples faced a “gloomy future”. According to LAC:
“It is a disgrace that 17 years after independence, one group remains extremely
marginalized and still lives in extreme poverty”.569
CERD also expressed concern about the absence of education and health as well as
chronic extreme poverty among the indigenous communities and the negative impact
these deficiencies have on the equal enjoyment by these communities of all human rights.
565
“San people living in slavery”, Namibia Human Rights Report 2006, October 2006, p.115
566
Article 9 of NC
567
“GoN should make reparations for San”, Press Release, NSHR, September 4 2005
568
paragraph 18, UN doc CERD/C/NAM/CO/12
569
“NAMIBIA: San remains landless and marginalized says NGO”, IRINnews online, February 12 2007
166
CERD said it was “particularly […] about the high rate of HIV-AIDS infection among the
San, their lack of access to identification documents, their low level of school attendance,
and the comparatively low life expectancy among those communities” in violation of
Article 5(e) of ICERD.570
CERD also noted with concern the low level of participation in political life of the
country and, in particular, the lack of representation in Parliament as well as regional and
local public authorities of particularly the San community contrary to the provisions of
Article 5(c) of ICERD.571Deploring “ethnic domination” by one group in the country,
DTA of Namibia President Katuutire Kaura said on October 11 2008 his party will
remains opposed to the deliberate implementation of the marginalization of minority
ethnic groups and ethnic dominance by one tribal grouping.572
2.3.10.2.2. Discrimination against Rehoboth Basters
Racial discrimination also plagued the Rehoboth Baster Community during the period
under reporting. NSHR remains particularly concerned about the systemic GoN
deprivation of the Rehoboth Baster people of their right to political and community
security, including the non-recognition of the right of this community to establish and
maintain its own traditional institutions, such as a traditional authority as well as ancestral
lands and or related property or facilities. In a Press Release issued on May 27 1996,
NSHR accused GoN of the violation of the right of the Baster people to exist as “a social
group of persons who share a common ancestry, cultural heritage, language, customs and
traditions and who recognize a common traditional authority and inhabit a common
communal land, commonly known as the Rehoboth Gebiet”.573 Said NSHR:
“In order for this community to continue to exist as such and enjoy, practice,
maintain and promote its culture, language, tradition and customs, Rehobothers are
entitled to all the fundamental human rights and freedoms enumerated in [NC] and
570
paragraphs 20 and 21: UN doc CERD/C/NAM/CO/12
571
paragraph 22: UN doc CERD/C/NAM/CO/12
572
DTA Opposed to Tribal Dominance, New Era online, October 13 2008
573
“Die Waarheid! Rakende die oorgdrag van die Rehoboth Baster eiendomme”, Chiefs Council of the Rehoboth Baster
Community, Volume 1, February 2007
167
in a panoply of international human rights treaties ratified by the Government of
Namibia, not least in terms of Article 27 of [ICCPR]”.574
On or around August 29 2007 Rehoboth Baster Community traditional leader Kaptein

John McNab also accused GoN of systemic and systematic discrimination and of
unlawfully alienating certain properties traditionally belonging to the community and are
indispensable for the promotion of their culture as envisaged in NC.575
Kaptein McNab noted that, soon after Namibian independence in March 1990, his people
had been robbed of their immovable and movable property and, contrary to the provisions
of NC, are deprived of the right to have their own traditional authority. According to
Kaptein McNab, some of the immovable communal properties in question were
unconstitutionally and unlawfully sold to members of the ruling Swapo Party.576
During the period under review, CERD also expressed concern about the lack of
recognition of the rights of ownership of indigenous communities over the lands, which
they traditionally occupy and or which they have occupied.577According to CERD, this
scheme of things runs contrary to the provisions of ICERD.578CERD also reminded GoN
of CERD’s General Recommendation no.23 of 1997 on the rights of indigenous peoples,
which calls on State parties to recognize and protect the rights of the indigenous peoples
to own, develop, control and use their lands and territories.
Furthermore, ICCPR stipulates that in those States in which ethnic, religious or linguistic
minorities exist, persons belonging to these minorities shall not be denied the right, in
community with the other members of their group, to enjoy their own culture, to profess
and practice their own religion, or to use their own language.579
574
“Die Waarheid! Rakende die oorgdrag van die Rehoboth Baster eiendomme”, Chiefs Council of the Rehoboth Baster
Community, Volume 1, February 2007
575
Articles 3, 19, 21(1)(b), 21(1)(c) and 66 of NC
576
“Govt Rejects Baster Land Claim” New Era online, May 12 2008
577
578
Article 5(d)(v) of ICERD
579
CCPR General Comment 23 of April 8 1994 on Article 27 of ICCPR on the rights of minorities
168
In this regard, CERD urged GoN, in consultation with the indigenous communities
concerned, “to demarcate or otherwise identify the lands which they traditionally occupy
or use, and to establish adequate procedures to resolve land claims by indigenous
communities within the domestic judicial system while taking due account of relevant
indigenous customary laws”.580
In cases where indigenous communities, such as the Rehoboth Basters and the San
peoples, have been deprived of their lands and territories traditionally owned, CERD
recommended that GoN “take steps to return those lands and territories or to provide
adequate reparation measures” as contemplated, in paragraph 5 of the General
Recommendation No. 23 (1997) on the rights of indigenous peoples.581
2.3.10.2.3. Discrimination against Nama People
NSHR also remains concerned about pervasive allegations of racial discrimination,

exclusion and marginalization in terms of economic development, education and land
distribution as well as ethnic domination of the Nama people of the South of the country.
On several occasions and, in particular, since 2005, various Nama leaders have been
complaining through various means about being excluded from enjoying their right to
human security and they have been visiting State House in order to register the
displeasure of their people about the situation.582 The human security situation has since
deteriorated even further with regard to economic security expressed in terms of the
rapidly rising levels of povery, unemployment, hunger, homelessness and diseases, such
as tuberculosis and HIV-AIDS,583as well as with regard to the right to personal, political
and community security as exemplified by a sense of real or imagined racial
discrimination, cultural marginalization and ethnic domination.
580
581
582
“Marginalization of South”, Namibia Human Rights Report 2007, p.119
583
Era online, Friday, February 8 2008 and “Drug Resistant TB Strain Confirmed”, The Namibian online, Friday, May 16 2008
169
On or around August 6 2008 at Keetmanshoop, NPC released a controversial poverty
assessment report, based on a Village-level Participatory Poverty Assessment conducted
between October 2005 and February 2006 in which 1 in every 3 families living in the
Karas Region is said to be below the poverty line, while 18 percent of this region's 15 570
households are classified as poor.
According to the poverty report, unemployment is seen as the major cause of poverty in
the region. The report said unemployment arises from lack of work opportunities and
declining need for workers on farms and in fish factories. Nepotism, allegedly practiced
by “people from the Northern areas” as well as “laziness” among the Nama people were
also cited in the highly incendiary NPC report as among the leading causes of poverty and
a high unemployment rates in the region with an estimated population of some 63 300
people.584
With a notification rate of over 1 000 cases for every 100 000 people, the Karas Region is
one of those administrative regions most affected by TB prevalence in the country.
On July 4 2008 a new political party known as Democratic Party of Namibia (DPN) was
launched in the country.585DPN is the direct result of the Swapo-led Government's neglect
of minorities. Pursuant to human rights and media reports, DPN was launched as an
initiative of the Nama people in the South and seeks to bring about equal economic
development, land distribution and educational as well as job opportunities.586
Since its inception, DPN has accused GoN and or the Swapo Party of inter alia
systematic racial discrimination and marginalization in terms of social and economic
development. For example, DPN Interim President Salomon Dawid Isaacks reportedly
accused “the current Government” of only serving the interests of the majority ethnic
group, “although the Constitution clearly stipulated that all citizens irrespective of race,
religion or ethnicity were equal before the law and that the rights of all citizens would be
584
“Grim facts about poverty in Karas, The Namibian online, August 7 2008
585
“New political party formed in South”, The Namibian online, Wednesday, July 2 2008
586
170
protected”. Isaacks further slammed GoN for failing to account for those who died in the
Lubango dungeons.587
In regard to the absence of transitional justice in the country, Isaacks further severely
criticized the Swapo-led Government for failing to account for those who died in the
Lubango dungeons and accused the Swapo Party controlled regime of having failed to
honor NC “as it had altered the Constitution to serve the interests of one individual”.
Speaking at the first public rally held at Maltahohe on August 9 2008, Isaacks said:
“Those in powerful positions do not satisfy the needs of the minority groups, even though
some are affiliated members of the ruling Swapo Party, therefore the DPN is for the
forgotten society”. He also accused GoN of trucking “northerners to grab job
opportunities in the South, while the people of the South live in abject poverty”.588
Speaking at the launch of the new party, Interim DPN Secretary General Adam Isaak also
said the South has received very little political attention over the past 18 years and was
“in fact […] worse off than before Independence and that is why we have decided to
register the party”. Secretary General Isaak also pointed out that the new political party
was founded to fight and help to reverse inequalities among ethnic groups. Isaak also
severely criticized GoN's Affirmative Action and Black Economic Empowerment (BEE)
policies as being discriminatory, claiming that only few elites and the ruling party's top
brass are benefiting from these programs.589
Several other Namibian leaders have also expressed concern that “only the majority
ethnic group individuals are benefiting from the country's wealth while Namas are living
in abject poverty”.590For example, echoeing the sentiments of DPN Interim President
Isaacks, DPN Secretary General Isaak as well as numerous Nama-speaking citizens, DTA
of Namibia President Katuutire Kaura said on Ocober 11 2008 that his party remained
587
588
589
“Democratic party complains to UN”, The Namibian online, Tuesday, July 8 2008
590
“New political party formed in South”, The Namibian online, Wednesday, July 2 2008
171
opposed to the “deliberate implementation of marginalization of minority ethnic groups
and ethnic dominance by one tribal grouping” in the country.591
The veteran DTA MP also said the people of the South should not “watch from street
corners as wealth passes them by destined for the North because they cannot get jobs in
the mines in the area of their birth”. Citing the Southern Karas and Hardap regions as
some of the areas most affected by ethnic domination, Kaura said DTA “shall fight for
each group to represent itself at regional and local level in the regions and towns they
occupy”.592
2.3.10.2.4. Discrimination against OvaKwanyama People
The Human Rights Organization also remained gravely concerned about persistent
allegations of racial discrimination, witch hunting, scapegoating and various forms of
villifaction and victimization against ethnic OvaKwanyama people prevalent in the public
service and in the ruling Swapo Party. NSHR and several reputable concerned Namibians
have expressed concern about some forms of “ethnic cleansing” against ethnic
OvaKwanyama people. Anti-Ovakwanyama hysteria coming from, among others, former
President Nujoma and other high-ranking Swapo Party functionaries escalated after the
formation of RDP in November 2007.593
2.3.10.2.5. Tribalism in Police, Prison and Army Recruitment
NC strictly outlaws all forms of discrimination based on race, color, sex, language, age,
religion, political or other opinion, national or social origin, property, birth, or any other
status.594NC also makes porivision for equality before the law and administrative justice
as well as a balanced structuring of the public service, the Police force, the defense force
and the prison service.595
591
592
593
see also “Anti-Kwanyama hysteria, Section 2.1.22.2, supra
594
paragraphs 2 and 5(5) as well as Articles 1(1), 10, 40(l) and 63(i) and of NC
595
Articles 23(2), 116(2), 119(2) and 122(2) of NC
172
However, NSHR also continues to be disturbed by incessant allegations of tribalism and
other forms of racial discrimination fraught in the recruitment of Police officers, NDF
soldiers and Prison guards. During the period under review, the Human Rights
Organization has, on numerous occasions, heard allegations of systematic discrimination
against non-Oshiwambo-speaking people in terms of recruitment and promotion of
officers in the Police and Army as well as widespread nepotism in the Prison officers.596
For example, on May 15 2008, Informanté tabloid said in a lead story that Police
recruitment for the Khomas region “has drawn intense criticism of heavy tribal bias of 72
percent in favor of Oshiwambo-speaking Namibians –posing the potential danger of tribal
exclusivity in the police force”.597According to Informanté several top Police officials,
who asked not to be named, expressed “genuine concern” and warned in an interview that
the skewed recruitment of Police officers could tarnish the integrity of the Police and
“should therefore be handled with caution”.598
However, Police Commissioner Nicholas Endjala—in charge of the police personnel

division—rejected the allegations and said the Police force “is balanced, based on
regional representation, and not necessarily on tribal basis”. NDF Chief Lt-General
Martin Shalli as well as a high-ranking female Prison officer has also denied allegations
of racial discrimination and or nepotism in their human resources policies and
practices.599
2.3.11. FUNDAMENTAL FREEDOMS
NC,600 UDHR601and ICCPR602as well as several other relevant international human rights
instruments, to which GoN is a State Party, guarantee all the fundamental freedoms for
596
Allegations to this effect have been reported in person to NSHR offices countrywide while many others have been
by callers to the various phone-in programs of NBC Radio while others were published as letters to the editor in the
local mdia
597
“Tribal imbalances hit latest police recruitment”, Informanté online, Thursday, May 15 2008
598
“Tribal imbalances hit latest police recruitment”, Informanté online, Thursday, May 15 2008
599
Speaking on NBC Radio’s Chat Show program Lt-General Martin Shalli denied tribalism and nepotism allegations
while a high-ranking female Prison officer has also made similar denials in an interview with NSHR on those
allegations
600
Articles 17, 21 and 95(k) of NC
601
Article 19 of UDHR
173
everyone in the country. This includes the right to engage in political activities and to
form and join associations of one’s choice. These freedoms also include the right to
freedom of opinion and expression, conscience, freedom of movement, association,
assembly and religion. The right to freedom of opinion and expression includes the
freedom of the press. However, the period under review witnessed several attempts aimed
at curtailing such freedoms, including:
2.3.11.1. FREEDOM OF OPINION AND EXPRESSION
“Freedom of opinion and expression” refers to the right of everyone to political security
to hold opinions without interference. This includes the freedom of everyone to seek,
receive and impart information and ideas of all kinds, regardless of frontiers, either orally,
in writing or in print, in the form of art or through any other media of his or her choice.
The UN reaffirms that the rights to freedom of opinion and expression are among those
that give meaning to the right to participate effectively in a free and democratic society
and that the effective promotion and protection of the human rights of persons who
exercise the right to freedom of opinion and expression are of fundamental importance to
the safeguarding of human dignity while restrictions on the exercise of the right to
freedom of opinion and expression could indicate a deterioration in the protection, respect
for and enjoyment of other human rights and freedoms, bearing in mind that all human
rights are universal, indivisible and interdependent and interrelated.603
With the above definition of freedom of opinion and expression in mind, “attacks on the
freedom of opinion and expression” refers to politically motivated actual or threatened
acts or situations aimed against organizations and individuals exercising their right to
freedom of opinion and expression, when such acts are coming from GoN, ruling or
Opposition party officials or any other individuals or groups exercising quasi-
governmental authority and when such situations or acts are calculated to limit or are
likely to limit or, altogether, suppress the exercise of the right to freedom of opinion and
expression. “Attacks on the freedom of opinion and expression” includes any other active
602
Article 19 of ICCPR
603
“The right to freedom of opinion and expression”, Commission on Human Rights resolution 2003/42, April 23 2003
174
or passive commissions aimed at preventing certain information from becoming public
knowledge and or impairing the right of the public to know.
Furthermore, the term “attacks of the freedom of opinion and expression” includes the use
of explicit or veiled smear tactics or engagement in character assassination and fighting
words or hate expression as well as the use of abusive, defamatory and inflammatory
language against GoN or Swapo Party critics. The term also includes any other forms of
intolerance, intimidation or incitement to violence aimed at individuals or groups
exercising the right to freedom of expression and opinion as well as any other violations
of the right to seek, receive and impart information and ideas freely through the media of
one’s choice.
As part of its World Press Freedom Day commemorations on May 3 2008, MISA has
expressed that respect for media rights and freedoms of opinion and expression in
Southern Africa have witnessed a steady deterioration during the last three years.
According to MISA, this state of affairs, which was reminiscent of Africa’s one party
state era of the 70’s and early 80s, was characterized by the suppression of the basic
fundamental rights of freedom of expression, assembly and human dignity.
With regard to Namibia, MISA cited “blemishes and threats concerning the print media
and the public broadcaster”. In this regard, the media rights watchdog inter alia cited a
GoN ongoing advertising ban on The Namibian newspaper as well as GoN failure to
communicate to the media on which law and regulation such ban was based. MISA also
accused GoN of having unilaterally decreed that advertising of state tenders will “only”
be conducted through the GoN-controlled and State-funded New Era newspaper. MISA
also noted that “an array of ruling Swapo Party office bearers [have] launched numerous
attacks on the media practitioners labeling them inter alia ’hostile, unhealthy and
unpatriotic, Eurocentric, divisive, reactionary and enemies of the state’”.604
Among other threats to press and other media freedoms MISA cited allegations by
NUNW President Alpheus Muheua, who reportedly claimed that Namibia and or other
604
“So This Is Democracy?”, New Era online, May 7 2008 and “MISA Statement on the World Press Freedom Day
May 3 2008”, Press Statement, MISA, May 3 2008
175
African countries were under the threat from “white supremacist” systems. MISA
described Muheua’s claims as “a vague threat imagery” and as conjuring up neo-racism”
reminiscent of “Nazi racist propaganda which blamed all ills suffered by post World War
One Germany on the Jews”.605
MISA also referred to “a new trend towards hate speech and a mindset in bondage of
propaganda clichés dating back to the East-West divide and the liberation struggle”. The
media rights watchdog warned that single party monopoly and or a political party that
labels people as friend or foe “is not only unhealthy but extremely dangerous”.606
On August 15 2008, following its 73rd session held in Geneva between July 28 and
August 15 2008 CERD censured GoN over the practice of hate speech by high-ranking
GoN and Swapo Party officials and CERD also strongly recommended that GoN must
review its laws in order to prevent, combat and punish hate speech.607
As the period under reporting ended, several high-ranking public officials continued to
launch vicious attacks on the freedom of opinion and expression and or showed extreme
intolerance towards the media and other related civil society actors. Systematic verbal
attacks by politicians directed ad hominem against those individuals who make critical
public comments or who express or impart dissenting views or opinions through the print,
electronic or other media were particularly also pervasive, including:
2.3.11.1.1. MSS Minister Labels ya Nangoloh ‘Mercenary’
On October 1 2008 MSS Minister Dr. Nickey Iyambo launched a vitriolic and
intimidating attack on NSHR executive director Phil ya Nangoloh, following a report
released by NSHR on the discovery of mass grave sites in the north of Namibia. In a
ministerial statement released in NA apparently intended as a reprisal for the mass graves
605
606
607
176
revelations, Dr. Iyambo described ya Nangoloh as “a mercenary using human rights as a
springboard for financial reward and international exposure”. He also warned “those
governments, international organizations and perhaps Namibians who believe or probably
believe ya Nangoloh as a serious human rights representative” to know that ya Nangoloh
was hell-bent on “tarnishing the names of gallant Namibian leaders and her people”.608
Following the attacks, several international human rights organizations and a UN agency
as well as foreign diplomatic missions expressed concern for ya Nangoloh’s personal
safety.
For example, on October 9 2008 a Dutch-based human rights organization Aim for
Human Rights expressed concern that “following the release of their report on the
discovery of mass graves earlier this year, [NSHR executive] director Mr. Phil ya
Nangoloh and his staff […] have been threatened and intimidated”. Hence, Aim for
Human Rights called upon GoN to “respect the rights of the human rights defenders of
NSHR, as they are obligated under the Universal Declaration of Human Rights”.609
2.3.11.1.2. Equality Minister Labels NSHR ‘Saboteurs’
On September 24 2008 Gender Equality and Child Welfare Minister Marlene Mungunda
labeled NSHR as being “saboteurs” and party to “unholy alliances” against the ruling
Swapo Party. Speaking in her capacity as SPWC assistant information and mobilization
secretary and singing songs of praises and other forms of idolization for former Namibian
President Sam Nujoma, Mme Mungunda said at an unorthodox press conference that the
Swapo Party “is the people and the people are Swapo” and anyone with a different
opinion runs the risk of being labeled as saboteur or being party to ‘unholy alliances’.
Minister Mungunda also claimed that she originated from “the South where we fought the
colonizers” and that she had “guerrilla blood in my veins” and that as “the mothers of
608
“Namibia: Mass grave update II: More questions than answers”, EDIEC Information Exchange Center News online,
October 11 2008 and “Iyambo twisted facts, charges NSHR”, The Namibian online, Friday, October 3 2008
609
“Concerns for safety of human rights organisation NSHR in Namibia”, Aim for Human Rights, October 9 2008
177
Swapo, we condemn attacks on our leaders made by anyone standing up, even if you take
a photo of flat little nose”.610
2.3.11.1.3. Swapo Party VP Slams Media
On September 21 2008, Swapo Party Vice President Hage Geingob accused journalists of
disrupting the peace in the country by writing “lies” and “insulting” people like former
President Sam Nujoma. Rejecting widespread claims in the media that the Swapo Party
was an “intolerant and undemocratic party”, Dr. Geingob also accused “newspapers,
social clubs and political projects” of “smear campaigns”.611
2.3.11.1.4. Justice Minister Attacks NSHR
On or around September 20 2008, Swapo Party Secretary General Pendukeni Iivula-

Ithana accused what she described as “Phil ya Nangoloh's so-called human rights and the
newspapers” of “really” misusing “the democracy we have in Namibia”, saying “these
people have gone too far”. Addressing a Swapo Party rally at the town of Omuthiya,
Mme Iivula-Ithana also charged that Opposition parties, such as RDP, DTA and CoD had
a hidden agenda and that they were “always talking nonsense” supposedly “because they
are protected by Phil ya Nangoloh’s so-called human rights and the newspapers”. As
such, they should not be allowed to drink water at the newly established town of
Omuthiya.
Speaking at the same occasion, Mines and Energy Minister Erkki Nghimtina called upon
all Swapo Party members and supporters not to listen to the “lies” of Opposition party
leaders, while firebrand Swapo Party’s Oshikoto Region Coordinator Armas Amukwiyu
described Opposition supporters and human rights activists inter alia as “traitors and
610
Internal monitoring reports, NSHR, September 24 2008 and “Swapo labels RDP, NSHR 'unholy alliance'”, The
Naminian online, Thursday, September 25 2008
611
Internal monitoring reports, NSHR, September 21 2008 and “Swapo issues veiled threat to its leaders”, The
Namibian oline, Monday, September 22 2008
178
Judas Iscariots”. Amukwiyu also repeated his February 23 2008 hate call upon Omuthiya
residents not to give water to members of RDP and other Opposition parties.612
2.3.11.1.5. Ya Nangoloh Branded ‘Pathological Liar’
On or around September 18 2008, veteran Swapo Party activist and editor of Swapo Party
mouthpiece Namibia Today Asser Ntinda described NSHR executive director Phil ya
Nangoloh inter alia as “a pathological liar”. The veteran Swapo Party propagandist also
accused the leading human rights defender of having been on a “bone collection trip to
Angola”.
Ntinda made these defamatory remarks in an article published in the Swapo Party
mouthpiece Namibia Today. He was referring to a report by NSHR on the discovery
previously of several ‘no name’ mass gravesites near the country’s border with Angola.613
2.3.11.1.6. GoN Withholds Race Info from UN
Following its consideration of a GoN report on the status of racial discrimination in the
country during its 73rd session held in Geneva between July 28 and August 15 2008,
CERD said it regretted that it did not receive any information on concrete measures taken
to ensure that verbal attacks on sexual and other minority groups by high-ranking GoN
officials do not recur. CERD also severely criticized GoN over intolerance and demanded
that hate speech must come to an end and strongly recommended that GoN must review
its laws in order to prevent, combat and punish hate speech.614
612
Internal monitoring reports, NSHR, September 22 2008 and “Swapo gears up for Omuthiya”, The Namibian online,
Monday, September 22 2008
613
“Zoom In” Namibia Today, September 12-18 2008
614
179
2.3.11.1.7. NBC Blacklists HRD Callers
On August 10 2008, popular NBC Radio Chat Show program presenter Felix Muchila
announced the blacklisting of those human rights defenders (HRDs) on popular NBC
Radio talk show program Chat Show who are making comments critical of especially
former Namibian President Sam Nujoma. The ban on HRD callers came after severe
pressure on NBC coming from SPYL and other Swapo Party activists to bar human rights
defenders viewed as being critical of Nujoma.
Reacting to the reversal of the ban on August 12 2008, MISA-Namibia said in a Press
Release it issued that it applauded NBC for reversing an announcement by an NBC “Chat
Show” program presenter Muchila that human rights defenders and other callers viewed
as critical of the Swapo Party have been blacklisted. MISA-Namibia National Director
Mathew Haikali said his organization applauded the NBC Management for upholding its
Constitutional duty to provide citizens with a platform to exercise their freedom of
expression.615
2.3.11.1.8. NCIS Agents Silence DPN Activists
On August 9 2008 DPN interim President Salomon Dawid Isaacks revealed that unnamed
NCIS agents had intimidated him and other DPN activists in order to silence them and
stop from criticizing GoN and other Swapo Party leaders, including former President Sam
Nujoma. Speaking at the first DPN rally held at the southern town of Maltahohe, Isaacks
also revealed that he and other DPN actvists had already been “picked up and interrogated
about the new party by Mariental-based NCIS members”.616
2.3.11.1.9. Swapo Party Coordinator Defame ya Nangoloh
On August 8 2008 firebrand Swapo Party’s Oshikoto Regional Coordinator Armas

Amukwiyu defamatorily referred to, among others, NSHR executive director Phil ya
Nangoloh as having a “tail which is always raised all the time and which must be cut off”
615
“MISA Namibia applauds NBC”, Press Release, MISA-Namibia, August 12 2008
616
180
and that ya Nangoloh “is always defending RDP”. Amukwiyu revealed that Swapo Party
members and supporters “are planning a large protest with the view to press for the
expulsion of ya Nangoloh and his group from the human rights organization with
immediate effect”.
Amukwiyu, who was speaking at a Swapo Party election rally held at the town of
Omuthiya, also claimed that there is need for a human rights organization in Namibia
because “the one we have now here is being led by wrong people.”617
2.3.11.1.10. Swapo Party SG General Lashes Media
Speaking at a media briefing on August 4 2008, Swapo Party Secretary General Mme
Pendukeni Iivula-Ithana accused the media of inter alia “spreading lies about what is
going on inside the ruling party and its leadership”. Iivula-Ithana said: “Swapo and
Government are under deliberate onslaught from retrogressive reactionary and negative
forces that aim to undermine our genuine political victory against apartheid colonialism”.
Mme. Iivula-Ithana also lashed out against “attempts by certain known media operators
who foment [divisions within the Swapo Party] in order to reverse the gains of the
Namibian revolution through political smear campaigns with a clear purpose of
misleading the Namibian people and dividing the [Swapo Party] leadership”. Iivula-
Ithana also accused Republikein and The Namibian newspapers of “enemy propaganda of
spreading rumors, fabrications and of misleading the people through writing lies”.618
2.3.11.1.11. PoN Nixes Free Media Access
On July 23 2008, GoN-controlled New Era newspaper reported that journalists were
barred from entering PoN premises unless authorized to do so by the Rector or the Vice
Rector. New Era journalist Desie Heita said he experienced difficulties when the reporter
617
Internal monitoring reports, NSHR, August 8 2008 and “Yompilameno mboka ye na opoosa oonene momahangano
naye dhi kuthwe: Swapo”, The Namibian online, August 15 2008
618
Internal monitoring reports, NSHR, August 4 2008 and “Swapo faces onslaught”, The Namibian online, Tuesday,
August 5 2008
181
tried to gain access to PoN premises to cover a story on student matters. Heita explained
he was ordered not to enter the premises at all because of the nature of his profession.
Reacting to the PoN ban, MISA-Namibia National Director Mathew Haikali expressed
disappointment about the PoN decision. According to Haikali, as a public institution, PoN
was supposed to be “transparent in everything it does and not put restrictions on
journalists”. MISA-Namibia also called upon PoN to withdraw the offensive decree.
2.3.11.1.12. Firebrand Swapo Party MP Accuses NBC
On May 21 2008, firebrand Swapo Party National Council MP Jhonny Hakaye reportedly
accused the NBC Radio of having chosen “to be used as an institution of broadcasting
insults directed at national leaders”. The Namibian newspaper reported that Hakaye had
also accused NBC of “refusing to cover” some GoN programs despite the fact that it was
funded by the State.619
During the previous period of reporting, widespread public criticism of former President
Sam Nujoma led to Hakaye introducing in the National Council a motion aimed at curbing
NSHR and “regulating” The Namibian and the Windhoek Observer.620 At the time Hakaye
accused the two media houses of giving NSHR executive director Phil ya Nangoloh and
other GoN critics “a platform for uncalled for and unwarranted writings”. The motion was
a sequel to media revelations that NSHR had requested the ICC to investigate former
President Sam Nujoma and three former military leaders.621
2.3.11.1.13. Nujoma Instills Nico Josea Fears
On March 36 2008 Namangol Investments Chief Executive Officer and AVID-SSC scam
suspect Nico Josea (45) complained to NSHR that he was “living in fear for his life”.
619
“NBC slammed in National Council”, The Namibian online, Wednesday, May 21 2008
620
“Hakaye gets worked up about Misa”, The Namibian online, Friday, August 24 2007 and SWAPO MP Tables
NSHR Motion”, Namibia Human Rights Report 2007, November 13 2007
621
“SWAPO MP Tables NSHR Motion”, Namibia Human Rights Report 2007, November 13 2007 and “Hakaye gets
worked up about Misa”, The Namibian online, Friday, August 24 2007
182
Josea told the Human Rights Organization that wherever he went, “people are telling me
to be careful that the Old man would kill you”.
According to Josea, “the Old man” is a direct reference to former Namibian President
Sam Nujoma. Hence, he said, he has conscientiously developed a feeling that certain
people out there who are acting in the name and or on behalf of either the former
President and or former Swapo Party Youth Secretary General Paulus Kapia might really
want to have him assassinated before, on or shortly after April 18 2008, when he was
expected to appear in court over the AVID-SSC scam.
Josea also told NSHR that he believed that both Kapia and Nujoma might have fear or
suspicion that, as a friend-in-business of the late Avid Investments Corporation Chief
Executive Officer Lazarus Kandara, Josea might have acquired considerable information
which might implicate them in the AVID-SSC affair.
On August 24 2005, Kandara, often referred to as the AVID scam kingpin, apparently
committed suicide only hours after being arrested in the High Court. The AVID CEO
allegedly shot himself through the heart at point blank range with his own gun. The
incident took place meters from the main entrance of the Windhoek Police precinct while
Kandara was in Police custody.622Very few people could believe that Kandara had
committed suicide while in Police custody.
2.3.11.1.14. Swapo Party Activist Target NSHR, ya Nangoloh
Swapo Party activist and Roman Catholic Church employee Willy Mary Amutenya on
March 13 2008 wrote in New Era accusing NSHR’s team of “their wrongdoing” through
especially their comments on NBC Radio phone-in-programs, such as Open Line and
National Chat Show. As far as Amutenya is concerned, NSHR makes wild and unverified
allegations, especially on NBC radio. Amutenya claimed:
622
“Nico Josea fears for his life”, Press Release, NSHR, March 27 2008
183
“They can make a foreigner to believe that there is no peace in the country or a
Namibian living in the South can believe that there is an outbreak of war in the far
northern regions. That is the impressions they create when they go on air. Maybe that
is what they want. Their conducts are highly deceptive as they set people against one
another. They are poisoning the listeners and this can lead to more divisions and
conflicts among our people. NBC must stop these programs or restructure them for
other constructive purposes. These programs have been badly abused by NSHR’s
agents. It seems that only NSHR is benefiting from these programs”.
Labeling NSHR and its human rights defenders inter alia as being anti-Swapo Party
“agents” “for the manner in which they express themselves politically”, Amutenya also
accused HRDs of being “full of hatred, anger and the tone of their contributions is
completely disrespectful, antagonistic and vengeful” and that NSHR activists “lack
professionalism and intellectual aptitude because of the way they target and attack
individual Swapo Party leaders” such as the “Founding President Sam Nujoma whom, I
suspect, they fear most and would not want to lead Swapo Party”.
He said NSHR’s continuous demands that Nujoma should completely retire from active
politics “is a gross violation of Cde Nujoma’s political rights” as “he alone can choose
when to retire from active politics. “Why do they fear him? We love and understand him.
NSHR does not like him because it hates what he stands for and the independence he has
brought to Namibia”.
Furthermore, Amutenya said: “If NSHR is doing things to favor RDP, let them do so
openly without hiding behind human rights masks. RDP should defend itself. They
created their own mess. So they must live with it. I know that NSHR is happy to see the
division brought about by RDP in Swapo Party. They have been waiting for this moment
for a long time. And who knows may be they are the ones who worked out this situation.
That is why they are defending their baby. This is clear in their words and deeds. NSHR
agents always favor RDP!”
Amutenya also accused NSHR human rights defenders of “screening and wanting to
184
censor every word a Swapo Party leader uses at public rallies”. According to him, this
type of NSHR behavior “is anti-Swapo and is an act of provocation and a violation of the
rights and freedoms of Swapo Party members”. Furthermore, he accused human rights
defenders of “serious provocation” by coming and listening to our songs and slogans and
“when they are ashamed, they feel offended and go back claiming that Swapo Party is
calling people names”. According to Amutenya, Swapo Party songs and slogans are “a
true reflection of the current situation. No one can tell us what to say and what not to
say”.
“NSHR agents are anti-Swapo Party by choice and the reasons for this are only known to
themselves” Amutenya went on. “Some of them, including Phil ya Nangoloh, were
Swapo Party members who defected during the struggle. That is the mentality that drives
them to ‘punish’ Swapo Party to the end”. Last but not least, he continued, “for the NSHR
team to continuously call for or demand that Founding President Sam Nujoma should
‘completely retire from active politics’ is a gross violation of Cde Nujoma’s political
rights.” Nujoma alone, Amutena said, can choose when to retire from active politics,
adding that: “Why do they fear him? We love and understand him. NSHR does not like
him because it hates what he stands for and the independence he has brought to Namibia”.
Amutenya then turned on NSHR executive director Phil ya Nangoloh personally by

accusing ya Nangoloh of having been “present in the country when the former apartheid
colonial regime was brutalizing and killing our people”. He asked as to what contribution
ya Nangoloh made to the liberation and independence of this country and as to how many
people ya Nangoloh defended or protected from the apartheid colonial regime. Amutenya
accused ya Nangoloh of having “just been here writing wrong and negative reports for his
masters against Swapo Party”, adding that it was “indeed difficult for the Swapo Party to
reconcile with such a treacherous element”.
Amutenya concluded that “the freedoms NSHR enjoys here is not seen anywhere in the
world, be it in the US, Britain” for “obvious security reasons” claiming further that NSHR
was “too free in Namibia”. He urged the Human Rights Organization “to realize and
understand that all freedoms are limited anywhere” in the world. He referred to the Holy
185
Bible and said: “This is why we have the Ten Biblical Commandments to regulate our
freedoms and which says ‘Do as I say, not as I do’”.623
2.3.11.1.15. Swapo Party Writer Demonizes ya Nangoloh
On March 7-13 2008 a letter writer using a pseudonym of Esau Muzeu wrote in Swapo
Party mouthpiece Namibia Today describing NSHR executive director “Philly ya
Nangoloh” as “a dubious character” who “taints his image by indulging himself in cheap
politics”, who is “involved in dirty political campaigns for […] RDP” and “a number one
campaigner for a party that advocates tribalism in an independent Namibia” as well as “a
man whose behavior towards other fellow Namibians are questionable”.
Esau Muzeu also accused ya Nangoloh of having “taken advantage of phone-in-

programmes of NBC” on all of whose talk shows ya Nangoloh “always speaks as a party
spokesperson”. The writer said “it is time the phone-in- programmes were revisited to
avoid abuses. According to Esau Muzeu, if NSHR’s institutional independence meant
“chaos and lawlessness” then ya Nangoloh needed “a special remedy to heal you or to
mend your the thinking”. He called upon NSHR to be investigated with the view for
“citizens of Namibia to know NSHR’s operational system and how it came into being”.624
Esau Muzeu’s defamatory article is reminiscent of Namibia Today Editor Asser Ntinda
himself who has, numerous occasions, authored similar hate speech through inter alia his
“Zoom In” and “View Point” articles and through which has systemically described ya
Nangoloh as inter alia “a national disgrace” and “a pathological liar” as well as “a
bastard”.
2.3.11.1.16. NSHR Labeled ‘Enemy of People’
In one of his or her letters published New Era on March 7 2008 a regular anonymous
letter and “opnion” contributor for the pro-Nujoma and GoN mouthpiece, who hides
623
“NSHR and politics – A public nuisance”, New Era online, March 13 2008
624
“View point”, Namibia Today (Swapo Party Mouthpiece)Friday 7-13 Thursday March 2008
186
behind a pseudonym of “Easy-B yaW”, claimed that in Namibia “we have the same
situation where a human rights organization and its staff members purport to be defenders
of human rights for all in this country, but unfortunately who have programmes for a
specific mission, namely, to fight a specific political party and its leaders”.
The poisonous letter writer also accused NSHR of being an “enemy Number One” in
Namibia as well as “one of the subversive and destabilizing agents of imperialism on the
African continent through which imperialists are openly undermining peace, progress,
self-determination and self-reliance for those who are not one of their own”. According to
Easy-B yaW:
“Since its inception, [NSHR] had declared war against SWAPO and has been
hiding behind freedom of expression and speech, and has been involved in hurling
wild allegations many of which have been shot down, vilifications, smear
campaigns, insults, distortion of history and even going to the extent of trying to
deny prominent role players in the liberation struggle the roles they played. It is not
surprising to see that the fellows from our human rights organization are sensitive
to criticism, which is an indication that their so-called debates are not genuine but a
mere stepping stone to advance their mission of dragging their targets through the
mud since many a time they threaten to ‘expose’ their critics.”625
2.3.11.1.17. Oshana Governor Slams Media
Writing in New Era on February 29 2008, pro-Nujoma Oshana Region Governor

Clemens Kashuupulwa said he saw nothing wrong with a GoN-imposed media council.
Governor Kasuupulwa described MISA-Namibia and the Namibian Editors Forum
[NEF] as “institutions of former colonial masters” and accused the free media of having
“all along carried out smear propaganda campaigns against the government and its
leaders aimed at tarnishing the good name of the founding father of the Namibian nation
Dr. Sam Nujoma for reasons that suit their undisclosed agenda.”
625
“Enemies now come through back door”, New Era online, Friday, March 7 2008
187
Kashuupulwa also described the free media as “remnants of apartheid-colonialists who
are working day and night to establish neo-colonialism in Namibia and thereby to
maintain their status quo” as well as having “formed allies with all opposition political
parties and opportunists against the revolutionary Swapo Party and its government”.
Furthermore, Kashuupulwa also claimed that media “only pretend to politically

sympathize with the poor to lure them to opposition parties, from one opportunist,
reactionary and former puppet to another to set-up political parties that are aimed at
establishing a neo-colonialist government in Namibia”.
Governor Kashuupulwa’s attack on the media came after MISA and NEF registered
their unhappiness about a GoN-controlled media council to regulate the country’s
independent media. He also explained that the “abuse of media freedom, freedom of
opinion and freedom of speech has led the 4th SWAPO Party Congress to resolve to set
up a media council to regulate the activities and operations of media in the country”.626
Kashuupulwa also attacked The Namibian newspaper accusing it of having been “a

newspaper of the elite class of the regime that is dominant up to the present moment”.
He said the independent daily newspaper “was never an ally of the Swapo Party” as it
has “been carrying out a propaganda campaign against Swapo Party and its
government” and further that such a “propaganda campaign” has led GoN “to a ban
against The Namibian because of its anti-government stance and unwarranted criticism
of government policies since 2007”.
On February 8 2008 veteran The Namibian Chief Editor Gwen Lister rejected a GoN-
imposed media council as “an outdated concept” bordering on censorship “pure and
simple.”627
626
“Nothing Wrong with a Media Council”, New Era Online, February 29 2008
627
“Nothing Wrong with a Media Council”, New Era Online, February 29 2008
188
2.3.11.1.18. GoN Attacks Caprivi Vision
In a statement issued by MIB State Secretary Mbeuta ua-Ndjarakana GoN said on

February 26 2008 that the publication of “fugitive Mishake Muyongo’s inciting New
Year’s message in The Caprivi Vision (TCV) […] is a blatant demonstration of disregard
for the Namibian Constitution by the editor of the publication, Mr. Risco Lumamezi”.628
Ua-Ndjarakana GoN condemned “in the strongest terms the publication in newspapers of
inciting messages by Mr. Mishake Muyongo or anybody else who plans to use that
powerful platform to destabilize the peace and security in the country”.
According to ua Ndjarakana Lumamezi’s decision to “allow his newspaper to be used as a

mouthpiece for Mr. Muyongo’s calls for an independent Caprivi” can result in him being
prosecuted under existing laws and in line with Article 21 (2) of NC. Ua-Ndjarakana also
said that TCV “overstepped all limits when it afforded Mr. Muyongo the opportunity to
use the newspaper to incite Namibian citizens to unite and fight for a free and
independent Caprivi”. Unfortunately, several media experts in the country also subtly
condemned and accused TCV and or its Editor of inter alia “recklessness” for publishing
verbatim the Muyongo statement.
Saying that it has no qualm, whatsoever, with any entity, including GoN that, for any
reason condemns, Muyongo for his dissenting views, NSHR, nevertheless, it totally
rejected GoN condemnation of TCV and its Editor. In a Press Release issued on March 5
2008, NSHR accused GoN of a shoot-the-messenger attack on TCV and its Editor
Lumamezi.629NSHR based its disapproval of the GoN statement on several established
case law and constitutional principles to the effect that everyone has the right to freedom
of expression and opinion through any media and that the public “has the right to know,
not only the good things that politicians or public officials like them to know, but also
those that they despise”.630
628
“Media Release on Mishake Muyongo’s New Year Meassage Published in the Latest Edition of The Caprivi Vision”,
Media Release, MIB, February 26 2008
629
“In defense of truth and press freedoms”, Press Release, NSHR, March 5 2008
630
“In defense of truth and press freedoms”, Press Release, NSHR, March 5 2008
189
2.3.11.1.19. NSHR & RDP Called ‘Enemies of Peace’
On February 23 2008 firebrand Swapo Party’s Oshikoto Regional Coordinator Armas

Amukwiyu instigated residents of the town of Omuthiya to “sabotage” shops and other
businesses belonging to NSHR members at the town.
Addressing a Swapo Party election rally at the town, Amukwiyu urged residents “to cause
the collapse of the shops belonging to NSHR officials by stopping buying from their
business outlets”. He also labeled both NSHR officials and RDP leaders as “enemies of
peace in Namibia”. The Swapo Party leader singled out Steven Mvula, Phil [y]a
Nangolo[h] and “a certain Kaseven”, adding that he longed to see residents of Omuthiya
“isolating the three NSHR officials and give them not even water to drink when passing-
by or visiting the town”.
Amukwiyu also launched a personal attack on RPD interim President HH labeling him “a
person who has campaigned for the presidency within Swapo for more than 40 years” and
who “continues making false promises, such as the recognition of unrecognized Herero
chiefs, release of detained Caprivi separatists and the return of self-exiled Mishake
Muyongo”.631
2.3.11.1.20. Swapo Party Vice President Pans NSHR
On February 15 2008 at the Eenhana town, Swapo Vice President Dr. Hage Geingob
accused NSHR of inter alia ‘planting agents’ in order to ‘see how many people are
attending our rallies and then tell lies about it’. Dr. Geingob also used the opportunity to
lay into the country’s media, accusing the latter of ‘weakening Swapo’ and of ‘disrupting’
or ‘downplaying’ the achievements of the ‘Swapo Party Government’. Dr. Geingob
singled out English weekly Windhoek Observer Editor-in-Chief Hannes Smith as one of
those “who wrote ‘too much against the Government’ and who apparently deserved to be
arrested but was ‘not arrested’”.
631
Internal monitoring reports, NSHR, February 23 2008 and “Amukwiyu instigates sabotage of NSHR and RDP”,
Namibia Press Agency (Nampa) online, February 25 2008
190
Geingob also attacked NSHR for exposing the conflict of interest in the meat deal
involving Justice Minister and Attorney Pendukeni Iivula-Ithana. Ms. Ithana has been
awarded a lucrative contract to sell meat to the Cabinet-controlled Namibia Wildlife
Resorts.
Reacting to to the attacks and other acts of provocation, NSHR said in a Press Releas that
deplored a spate of verbal attacks and shouting of incendiary epithets against human
rights defenders and media practitioners in the country especially when coming from
high-ranking leaders of the ruling Swapo Party.632
Following Dr. Geingob’s attack on the media NSHR said in a Press Release issued on
February 19 2008 that it deplore “a spate of verbal attacks and shouting of incendiary
epithets against human rights defenders and media practitioners in the country” coming
from certain high-ranking leaders of the ruling Swapo Party.633MISA-Namibia also
expressed alarm about Geingob’s media attacks and reiterated the importance of a self-
regulatory mechanism for the Namibian media without its interference and called upon
GoN to put in place such a mechanism to enhance professionalism.634
2.3.11.1.21. Swapo Party Coordinator Scapegoats Activist
In a apparent move to discredit NSHR and in direct reference to NSHR executive director
Phil ya Nangoloh on April 12 2008 maverick Swapo Party’s Oshana Region Coordinator
Erastus Uutoni accused the “likes of Phil ya Nangoloh” of having blocked the Epupa
hydroelectric scheme and of having thereby “caused the serious power shortages as well
as other socio-economic ills currently being experienced” in the country. Addressing a
Swapo Party public rally in the Ohangwena Region Uutoni also boasted that the Swapo
632
“Sustained Media Attacks And Provocative Conduct Deplored”, Press Release, NSHR, February 19 2008 and
“NAMIBIA: NSHR - Sustained Media Attacks And Provocative Conduct Deplored”, The Shebeen online, February 19
2008
633
“Sustained media attacks and provocation conduct deplored”, Press Release, NSHR, February 19 2008 and“Action
from Government Media”, Press Alert, MISA-Namibia, February 19 2008]
634
“SUBJECT: Action from Government threatens media”, Press Alert, February 19 2008
191
Party had “liberated Namibia” and warned that the Swapo Party was not “a child’s play
and beats people”.635
2.3.11.1.22. Nujoma Threatens of ‘Bloodshed’
On February 9 2008 former SWAPO Party President and “Father of the Namibian
Nation” Sam Nujoma reportedly accused Opposition parties of spreading lies about the
Swapo Party’s achievements. Describing criticism of the Swapo Party as “negative
vices”, Nujoma warned that such critcism has the “potential to disrupt peace in the
country and can lead to confrontation and bloodshed” in the country.636
Commenting on attack by Nujoma, NSHR executive director Phil ya Nangoloh pointed

out that such attack was “illustrative of the deep-rooted intolerance of criticism which
underpins the very provocative and aggressive conduct of certain SWAPO Party
leaders”.637
2.3.11.1.23. GoN Backs Anti-Media Council
On February 7 2008 GoN spokesperson and MIB Minister Netumbo Nandi-Ndaitwah, to

the chagrin of media rights activists, announced in Windhoek that GoN planned to
establish a Media Council to “'police' media ethics and to provide a platform for the
public to complain about media reports”. Minister Netumbo Nandi-Ndaitwah said GoN
was aware of “the uneasiness among the media fraternity about the call by the Swapo
congress for the creation of a media council by GoN”. However, she also claimed that
GoN “has to implement the SADC Protocol on Culture, Information and Sport, to which
it is a party”.638
635
“Exposing scapegoating obfuscation, scare tactics and frear-mongering in the name of the Swapo Party”, Press
636
Internal monitoring reporting, NSHR, February 9 2008 and “Nujoma blasts Opposition politicians”, New Era online,
February 11 2008
637
“Anti-Kwanyama antics at Okahao and Oshigambo”, Press Release, NSHR, February 11 2008]
638
“Govt 'ambushes' media”, The Namibian online, Friday, February 8 2008
192
Nonetheless, nothing in the SADC instrument stipulated that a media council should be
set up by governments. Article 20 of the SADC Protocol stipulates that: “State Parties
shall take necessary measures to ensure the freedom and independence of the media”,
while Article 21, which deals with the code of ethics, says: “State Parties shall encourage
the establishment or strengthening of codes of ethics by various sectors of the media
through the creation of an enabling environment for the formulation of such
frameworks”.639In a Press Release on February 7 2008, NEF said it remained “absolutely
opposed to any unilateral Government-imposed initiative and would reject any attempt in
this regard”.640
2.3.11.1.28. Mysterious New Era Writer Demonizes Embassy
In an apparent deliberate move to influence donors to stop rendering financial support to

NSHR, a regular anonymous letter contributor for GoN mouthpiece, New Era newspaper,
going by a pseudonym of Easy-B-yaW, vitriolically attacked the Swedish Embassy in
Windhoek. The poisonous letter writer inter alia said on February 5 2008 that he or she
wanted to “bring to their attention a matter of concern”. He or she said:
“The Swedish Embassy has openly acknowledged its financial support to [NSHR] and
they probably think has good intentions. But if it is the case, then the fact remains that
[90 percent] of its activities are misdirected. If Sweden is peace loving as it has been,
then it should look into the funding of the organization in question to see whether the
money it gives is put to good use or whether it is used for destructive activities. If
Sweden knows but stays mum, then this is a cause of concern and this would be
interpreted as being an accomplice in the destabilization of this country. A case in
point is the activities of [NSHR]. The activities of the director of this organization and
his staff are [90 percent] directed to monitor, attack, vilify, insult, fling mud at,
disrespect and belittle [former Namibian President Sam Nujoma], SWAPO or its
leaders. This has been going on for years and on a daily basis. A deaf or even a newly
born baby can testify to this. If Sweden doubts this, then it should get first hand
639
“Govt 'ambushes' media”, The Namibian online, Friday, February 8 2008
640
“NAMIBIA: Media statement of the Namibia Editors’ Forum (NEF)”, The Shebeen online, February 7 2008
193
information by tuning into the NBC Radio chat shows in both Oshiwambo and
English on a daily basis or check different papers on a weekly basis”.
The poisonous writer further claimed that “the majority and the most active callers of
these shows are none other than NSHR staff members […] who have been hammering on
the same issue of either Nujoma and Swapo or its leaders and nothing else. He or he also
added that NSHR’s conduct “is not only unacceptable but disturbing, an embarrassment
to Namibia and [that NSHR] has angered many people”. Furthermore, Easy-B-yaW
accused the human rights defender organization of “fueling hatred and igniting fire in this
country” and added:
“Hence, the financial boost by the Kingdom of Sweden to NSHR contributes to their
activities. So, if Sweden is sincere why not consider or re-look at how its money is
being utilized and take appropriate measures? On the other hand, if it is aware of
these activities, should we call it an act of an accomplice in the destabilization
activities of our country?”
In a tone reminiscent of Swapo Party Secretary General Pendukeni Iivula-Ithana, the

anonymous New Era letter also accused NSHR of “distortions” vis-à-vis the provocative
conduct of Swapo Party supporters at the town of Omuthiya on January 22 2008. He or
she also said:
“What actually happened was totally different from what Phil ya Nangoloh and his
staff members reported both on the radio and in the papers since I was personally
there. What a shame”.641
2.3.11.1.25. Swapo Party SG Aims at Ya Nangoloh
On January 23 2008 Swapo Party Secretary General Pendukeni Iivula-Ithana accused

NSHR executive director Phil ya Nangoloh of inter alia inciting violence and of “trying
to create havoc in the country”. She added: “Ya Nangoloh is an agent provocateur who
641
“Swedish Embassy Must Answer”, New Era online, February 5 2008
194
wants to instigate violence. He wants to see Namibians at each other’s throats. It is not in
our culture to intimidate people who are peacefully gathering”.
This attack on ya Nangoloh came after NSHR, at a press briefing, produced video
evidence about the provocative conduct by the Swapo Party supporters at the newly
proclaimed town of Omuthiya on January 22 2008. The video footage featured some
Swapo Party supporters erecting roadblocks and throwing stones as well as engaging in
several other provocative conduct directed against RDP supporters at the town.642
2.3.11.1.26. SPYL Attacks NSHR
On January 23 2008 pro-Swapo Party and State-funded New Era newspaper reported that
SPYL Secretary for Omaheke Region, Liberius Kalili, condemned the “so-called human
right activists” of the NSHR, accusing them of “spreading religious political propaganda
hoping that the true God would waste His Holy time to hear the prayers of the RDP, and
one day taking over the Government for the (sic) own personal ambitions and interest.
The RDP must know that we, the Swapo Party, won’t be scared by them. They don’t have
members to compete with Swapo Party. We have monitored their several meetings held.
What they do is to recycle people to transport the same people in all their meetings”.
This condemnation came after NSHR released video evidence fshowing Swapo Party
activists engaged in various acts of provocations against RDP members at the town of
Omuthiya on January 22 2008.643
2.3.11.1.27. SPYL Attacks NBC, Brands NSHR, MISA and RDP ‘Enemies’
On November 29 2007 SPYL attacked NBC, NSHR and MISA after the three institutions
criticized two local NBC employees, viz. Program Presenter Xebs Xulu and Radio
Manager Corrie Tjaveondja for preventing NBC listeners to exercise their right to
freedom of expression and opinion regarding party-political issues.
642
Internal monitoring reports, NSHR, January 23 2008 and “Ithana accuses ya Nangoloh of inciting violence”, New
Era online, January 24 2008
643
“Swapo Accused of Provocation”, New Era online, Monday, January 23 2008
195
Describing the duo as “heroes”, SPYL spokesperson Charles Siyauya condemned the
disciplinary measures NBC had taken against Xulu. Siyauya accused the NBC
management of “sharing the same affinity with [RDP]” as well as of being “sympathizers
of the enemies of Swapo Party in the form of NSHR, MISA and RDP”.644Siyauya also
launched a vicious attack ad hominem on Acting NBC Director General Umbi Karuaihe-
Upi accusing her of inter alia “unpatriotic action” and of “untrustworthy conduct”.645
Describing them as “two steps back for freedom of expression”, MISA-Namibia

expressed its disappointment over attacks on NBC and Karuaihe-Upi by SPYL, MISA-
Namibia National Director Mathew Haikali pointed out that NBC “has the prerogative to
take relevant action when employees infringe on the rights of callers and other listeners of
its chat shows”. Haikali also said that SPYL was “undermining the intelligence of the
NBC to discipline their own employees when they see necessary” as well as “trampling
on NBC’s editorial independence”. MISA-Namibia also called on SPYL “to stay out of
media issues and to afford the NBC Board and management the right to run the national
broadcaster professionally”.646
2.3.11.1.28. Swapo Party Adopts Anti-Media Resolution
At its 4th Congress held in Windhoek on November 27-30 2007 the Swapo Party resolved
to impose a media council “to regulate the activities and operations of media in the
country”. According to resolution Number 29, Swapo Party noted that “media, if not
properly managed, have the potential to cause conflicts and civil strife”.
According to the Swapo Party, the Congress has noted “with recent developments in the
country pertaining to both electronic and print media activities, and specifically the
misuse of the media contrary to the spirit of national reconciliation and maintenance of
peace and stability”.647
644
645
646
“Two steps back for freedom of expression”, Press Statement, MISA-Namibia, December 3 2007
647
“Resolutions adopted by the 4th Swapo Party Congress November 27-30 2007, Windhoek
196
The ruling party said it had “noted with concern recent developments in the country
pertaining to both electronic and print media activities and the misuse of the media
contrary to the spirit of national reconciliation and maintenance of peace and stability”.648
2.3.11.1.29. NBC Presenters Ban ‘Political’ Discussion
On November 27 2007 two NBC presenters banned certain discussions on NBC’s popular
morning talk show called Chat Show. Radio program presenter Tebs Xulu and NBC
National Radio Manager Corry Tjaveondja announced that discussions on the issues
concerning either the ruling Swapo Party or the RDP will not be discussed on NBC Radio
phone-in programs. Radio presenter Tebs Xulu caused a public outcry when he “took the
law into his own hands” and issued a week-long ban on the political discussions relating
to the ruling Swapo Party and or the Opposition RDP movement.
Both NSHR and MISA-Namibia immediately opposed the ban. Describing it “a bid to
control or censor the flow of information in the public domain” MISA-Namibia
condemned the ban. In a media alert statement, MISA-Namibia National Director
Matthew Haikali said Xulu had overstepped his responsibilities as a radio presenter and
explained that the “call-in platform on NBC was created for people to express their
opinions freely, taking into consideration the responsibility that goes with doing so”.
On its part, NSHR said in a Press Release issued on November 28 2007 that it “strongly
congratulates [NBC] for publicly and unequivocally reprimanding [Tebs Xulu and Corrie
Tjaveondja] in connection with their unacceptable conduct on the popular radio phone-in
program, the National Chat Show”. NSHR executive director Phil ya Nangoloh said:
“We hope that this historical swift and unambiguous corrective measure instituted
against the two individuals would serve a loud and clear signal for any other NBC
presenters that blatant violation of any citizens’ right to freedom of expression and
opinion will no longer be brooked by the national broadcaster. NSHR also wishes to
use this opportunity to urge all callers to all NBC and or any other radio phone-in
648
“A title for Nujoma, brickbats for media”, The Namibian online, Monday, December 3 2007
197
programs in the country to conduct themselves responsibly and civilly and to refrain
from impinging upon the rights of any other citizens while exercising their right to
freedom of expression and opinion, including abstaining from making unwarranted
verbal attacks upon anyone ‘big’ or ‘small’”.649
Under severe pressure, Xulu backtracked and said the restriction would only be for one
day […] and that it had been his “personal decision”.
Following Xulu’s excesses, acting Director General of NBC Umbi Karuaihe-Upi issued a
statement offering an apology to the nation and clarifying that the decision to restrict
callers was not per management instructions or policy of the NBC’s. Ms. Karuaihe-Upi
said it was “totally against the constitution and freedom of expression” for Xulu to make
such an announcement on air. “We regret the incident and the involved parties have been
reprimanded according to NBC disciplinary rules and regulations. Please feel free to call
in and air your views on issues important to you”. MISA-Namibia called Xulu and
Tjaveondja’s action “two steps back for freedom of expression” and commended.650
2.3.11.1.30. Furtive Cabinet Intrigues to Amend NC Exposed
On June 15 2008 NSHR exposed a furtive Cabinet document suggesting that NC would
soon undergo extensive substantive and procedural amendments. According to a secret
Cabinet Action Letter featuring Cabinet Decision no. 19th /06.11.07/002 as well as a Draft
Namibian Constitution Second Amendment Bill, which is prepared by the Office of
Attorney General and Swapo Party Secretary General Pendukeni Iivula-Ithana, NC will
soon be amended at least nine times at the following Articles: 4(3)(bb) (acquisition of
Namibian citizenship by marriage); 4(5)(b) (acquisition of Namibian citizenship by
naturalization); 4 (8) (a) (loss of Namibian citizenship through voluntary act); 28(2)(b)
(elect of the President); 70 (term of office of National Council); 82 (4) (appointment of
Judges); 91 (functions and powers of Ombudsman); 106 (Regional Council elections);
107 (salaries and other benefits of Regional Councilors); and 109(1)(a) (executive powers
of Management Committees of Regional Councils).
649
“NBC congratulated”, Press Release, NSHR, November 28 2007
650
“Two steps back for freedom of expression”, Press Statement, MISA-Namibia, December 3 2007
198
NSHR called upon the Cabinet to ensure that the proposed Constitutional amendments,
which “have the potential to further erode the principles of democracy and the rule of law
as well as the administration justice in the country, are conducted in a transparent and
accountable manner”.651
2.3.11.1.31. Swapo Party Activist Slashes RDP T-Shirt
On May 19 2008 a male Swapo Party activist identified only as Weyulu, slashed an RDP
T-shirt from the body of John Nghifilayi (29) with a knife. The incident took place in
front of BM shebeen at Omuthiya town in the Oshikoto Region.652
On May 17 2008 three (3) young San women at Omainda village near the town of
Omuthiya were evicted from their home after they attended an RDP rally at Ongwediva
on the same day. Ms. Rosa Mateus (18) told NSHR that their host ordered her younger
sister, Taatsu Mateus (age unknown), and another San woman, Helena Festus (age
unknown), and herself to ‘pack and go to live somewhere else’.653
2.3.11.1.32. RDP SG Incites Flag Burning
On May 17 2008 RDP Secretary General Jesaja Nyamu urged RDP members to “remove
and burn those” Swapo Party flags hoisted on trees along national routes. Nyamu made
the remark while addressing an RDP rally at Ongwediva, in the Oshana Region.
Ironically, this remark came after Nyamu strongly commended Ondonga King Immanuel
Kauluma Elifas for “a job well done”. In the past Nyamu has himself consistently urged
RDP supporters not to engage in violent acts and not to treat political opponents as
enemies.654
651
“Furtive Cabinet Intrigues to Amend Constitution”, Press Release, NSHR, June 15 2008
652
653
654
199
2.3.11.1.33. RDP Supporter Assaulted over T-Shirt
On March 17 2008 RDP supporter Frans “Chakolona” Mateus (37) confirmed that Swapo
Party activist Timo assaulted him merely because Mateus is an RDP supporter who wore
a RDP T-shirt at the time. According to Mateus, Timo remarked: “We Swapo Party
members here have already told you RDP members that you will be made to eat up your
T-shirts. Take note also that Swapo Party is armed with guns”. Timo allegedly also
threatened to stab Mateus with a knife.
Mateus also told NSHR that, immediately after the incident, he went straight to the
Omuthiya Police precinct in order to lay a criminal charge against Timo. However, Police
Station Commander Sergeant Kanenguni allegedly declined both to accept Mateus’
charge as well as to give Mateus a J88 (i.e. Medical Report) form to undergo medical
examinations.
NSHR called upon NamPol Inspector General Seb Ndeitunga to investigate the
allegations against Sergeant Kanenguni “with the view to ensure that drastic corrective
measures are instituted at the Omuthiya Police precinct”.655
Referring to the multiplication of violent accidents and hate expression in the country in a
Press Release issued on March 17 2008 warned the Swapo Party leadership that sustained
attacks on Opposition members and supporters pointed “to a premeditated and systematic
campaign or collective plan of violence” and that “the objective of such plan appears to
cleanse the country of anyone viewed as a ‘traitor’ and or an ‘enemy of peace’ as Swapo
Party critics are systematically viewed and treated in the country”.656
2.3.11.1.34. ECN Refuses to Reveal Irregularities
On March 7 2008 ECN Chairperson Victor Tonchi announced that ENC has resolved to
655
“Ugly Allegations against Namibian Police”, Press Release, NSHR, March 17 2008 and “NAMIBIA: NSHR - Ugly
656
“Ugly Allegations Against Namibian Police”, Press Release, NSHR, March 17 2008 and “NAMIBIA: NSHR - Ugly
200
take the drastic and dramatic disciplinary measure against Elections Director Kanime and
three other senior officials. GoN-controlled and pro-Swapo Party New Era newspaper
reported in a prominent story on March 10 2008 that ECN Chairperson Victor Tonchi
said his organization has granted Director Elections Philemon Kanime a “special vacation
leave” as “a disciplinary measure [...] following irregularities that took place in the build
up to the Omuthiya local authority elections”. However, according to New Era, Tonchi
had “refused to to reveal the nature of the irregularities”.
In a Press Release issued on March 10 2008, NSHR called upon ECN Chairperson
Tonchi, “in the name of transparency, to reveal, forthwith, the nature and number of the
irregularities, including “previous incidents” that had so far taken place as well as the
specific places and dates where and when and the context under which they had
occurred”. Rreacting to NSHR charges of irregularities in the recruitment of registration
officials for Omuthiya elections, ECN issued a Media Release on February 8 2008 saying
that “no irregularities had been found”.657
2.3.11.1.35. RDP Members Assaulted Over T-Shirts
On February 23 2008 at the villages Omulondo, Omulonga wa Ndevahoma and or Omakangha, a

group of about 200 Swapo Party supporters singing praises for former Swapo Party President Sam
Nujoma as well as shouting hateful and provocative epithets against RDP, physically assaulted
two female RDP activists Liina ya Shikesho (43) and Paulina Ndeutema Nathaniel (33) by
kicking them, grabbing them and dragging them for wearing RDP T-shirts.
They also hurled vulgar and defamatory epithets at both Shikesho and Nathaniel. The
incident occurred some 60 kilometers east of Eenhana town in the Ohangwena Region.
Shortly before incident, Swapo Party supporters had attended a rally at one of the said
villages. Swapo Party leaders, Ohangwena Regional Councilors Mandume Pohamba,
Festus Ikanda and J. Nakwafila for the Ondobe, Omundaungilo and Epembe
657
“NAMIBIA: NSHR - ECN To Show Cause Over Contradictions”, Press Release, NSHR, March 10 2008
201
Constituencies, respectively, as well as a certain Daniel Kashikola and Thomas
Nanghambe addressed engaged in political hate speech at the said village.658
2.3.11.1.36. Swapo Party Member Assaults RDP Supporters
On January 19 2008 Swapo Party activist, known only as Kolele, grabbed an RDP T-shirt
from an RDP supporter then dragged it through the mud. Kolele also physically attacked
several RDP supporters with stones. Said to be a resident of Indongo ya Keelu village,
some 10 kilometers south of the town of Omuthiya in the Oshikoto region, Kolele is an
unemployed ex-PLAN combatant.659
2.3.11.1.37. President Pohamba Attacks ya Nangoloh
On January 5 2006 President Pohamba described NSHR executive director Phil ya

Nangoloh inter alia as “a big liar”. Speaking at a Swapo Party rally held at Outapi,
President Pohamba accused the human rights activist of having “dented” former Swapo
Party President Sam Nujoma’s image of “heroism”. Pohamba claimed that ya Nangoloh
had “lied” that Nujoma has assaulted a Namibian woman at the European Parliament in
Strasbourg, France, in 1987.
Reacting to the attack from Preisdent Pohamba, ya Nangoloh said it was not prudent or
wise to make an unprovoked and untruthful accusation against anyone. Pesident Pohamba
was addressing a Swapo Party rally held at the town of Outapi.660Said ya Nangoloh to
President Pohamba:
“I am really sick and tired of the unprovoked, careless and untruthful nature of the
accusations President Pohamba now so often hurls at me in his propagandistic
speeches. Normally, it is not prudent and mature to make unprovoked accusations
658
659
“Incidents of provocation and political corruption”, Media Briefing, NSHR, January 22 2008 and “NAMIBIA: NSHR
statement on incidents of provocation and political corruption”, The Shebeen online, January 22 2008
660
”My reply to President Pohamba, January 6 2008 and “NAMIBIA: Reply To President Pohamba by NSHR”, The
Shebeen online, January 6 2008
202
against anyone. President Pohamba has no right to abuse his public position to
make me his ‘punching bag’ and or to assassinate my character, including calling
me ‘a big liar’! I have the capacity to verbally strike back incisively at the
President. However, I am extremely reluctant to do so for the time being. Instead, I
am extending my hand of friendship to President Pohamba and I am wishing him
and his family a Prosperous New Year!” 661
2.3.11.2. FREEDOM OF ASSOCIATION
“Freedom of association” refers to the right to form or join or even to resign from any
associations. NC,662 UDHR663and ICCPR664guarantee the right to freedom of association,
including affiliation along political, religious or social lines even during a state of
emergency, national defense or martial law.665
Hence, the term “attacks on the freedom of association” includes the use of explicit or
veiled smear tactics or engagement in character assassination and fighting words or hate
expression as well as the use of abusive, defamatory and inflammatory language aimed at
GoN and or Swapo Party critics. The term also includes any other forms of intolerance,
intimidation or incitement to violence aimed at individuals or groups exercising the right
to freedom of association.
Exercising this freedom is the only way in which citizens can collectively express their
aims, exert pressure as a group or promote and protect their own interests and those of
others. This freedom is therefore sine qua non in the maintenance and consolidation of a
democratic society. During the period of reporting, there were, however, several flagrant
incidents or situations on the part of GoN and or the ruling party threatening the freedoms
of association, including:
661
”My reply to President Pohamba, January 6 2008 and “NAMIBIA: Reply To President Pohamba by NSHR”, The
Shebeen online, January 6 2008
662
Articles 17 and 21(1)(e) of NC
663
Article 20 of UDHR
664
Article 22 of ICCPR
665
Article 24(3) of NC
203
2.3.11.2.1. MIB Minister Axes NBC Chairperson
On or around September 22 2008, MIB Minister Joel Kaapanda reportedly axed NBC
Board Chairperson Ponhele ya France from his post for political reasons. However, when
approached for comment by the media on ya France’s dismissal, Kaapanda’s special
advisor Mvula ya Nangolo would only say that he was “not the one to speak to”. Also
when approached for comment, ya France said Kaapanda had simply told him “he had
lost his trust and confidence in me”. Ya France has not yet received any written notice of
his dismissal and said he did not accept the validity of the Minister’s decision.
Nonetheless, ya France said he was “still in charge of the beleaguered broadcaster, despite
given verbal marching orders” by Kaapanda.666
Ya France said his dismissal was based on “recent behind-the-scenes politicking related”
to Swapo Party suspicion over his alleged RDP links. He also pointed out that NBC
Director General Bob Kandetu faced a similar predicament over his alleged RDP
membership.667
2.3.11.2.2. Swapo Party Warns ‘Hibernators’
On September 21 2008, Swapo Party Vice President and MTI Minister Dr. Hage Geingob
said his party “will leave no stone unturned in getting rid of people who still ‘hibernate’
in the hope of derailing goals set in the party's manifesto”. In an apparent reference to
President Pohamba, Dr. Geingob also issued a veiled threat that his party has the right to
withdraw anyone, adding: “You have seen what happened in South Africa (where ANC
instructed President Thabo Mbeki to resign). You can’t hibernate in Swapo”. When he
made the controversial remarks, Geingob was speaking at a Swapo Party rally held in
Windhoek’s Tobias Hainyeko Constituency.668
666
“NBC board chief fired”, The Namibian online, Friday, September 26 2008
667
“NBC board chief fired”, The Namibian online, Friday, September 26 2008
668
“Internal monitoring reports, NSHR, September 21 2008 and “Swapo issues veiled threat to its leaders”, The
Namibian online, Monday, September 22 2008
204
2.3.11.2.3. Nangombe, Shailemo and Nghipandulwa
On August 9 2008, Local and Regional Government and Housing Minister and Swapo
Party Information and Publicity Secretary Jerry Ekandjo and Swapo Party’s Oshikoto
Regional Governor Penda ya Ndakolo as well as Swapo Party’s Oshikoto Regional
Coordinator Armas Amukwiyu called upon Swapo Party members to “kick out” senior
RDP members who are holding high positions in the public and private sectors.
The three firebrand Swapo Party leaders accused RPD leaders as “traitors” and urged
Swapo Party activists to hold congresses and “kick out” three RDP members, viz. MFA
Chairman Ismael Shailemo and NABTA President Magnus Nangombe as well as school
principal and former NANTU President Ndapewa Nghipandulwa from their posts in the
public and or private sectors as a form of punishment for their RDP ties.669
Minister Ekandjo and his Swapo Party colleagues also threatened to have NSHR
executive director Phil ya Nangoloh axed from NSHR.670
2.3.11.2.4. Axed Councilor’s House Attacked
On August 7 2008 ‘excommunicated’ former Swapo Party Regional Councilor “Kaptein’

Erasmus Hendjala charged that since he was expelled from the Swapo Party his house has
been stoned several times apparently by Swapo Party supporters. In a separate incident
unknown persons believed to be Swapo Party activists also hurled a live teargas canister
into Hendjala’s yard causing injuries to the occupants at the time. Kaptein Hendjala also
charged that, since the end of 2007 when the Swapo Party suspended him from all official
party functions, several people, including his neighbors and their children, have been
spying on him.671
669
“Swapo the most tribal of all: DTA's Kaura ”, the Namibian online, Monday, August 25 2008
670
“Swapo the most tribal of all: DTA's Kaura ”, the Namibian online, Monday, August 25 2008
671
Internal monitoring reports, NSHR, August 7 2008 and October 29 2008
205
2.3.11.2.5. Swapo Party Attackers Face Charges
On July 11 2008, Swapo Party activists and Windhoek residents Samuel Abed, Lucas
Alfeus Uutoni and Andreas Leonard faced two counts of malicious damage to property
and three charges of assault with intent to do grievous bodily harm in connection with a
stone-throwing incident. NamPol members arrested the three Swapo Party members for
acts of violence against RDP supporters in a Windhoek’s neighborhood of Oshitenda. The
incident took place as an RDP vehicle with loudspeakers mounted on it moved through a
Windhoek neighborhood of Okuryangava to announce an RDP meeting. RDP organizer
Sylvanus Reinhold suffered a broken arm when he was struck by a stone, while RDP
activist Sackey Amenya sustained cuts and bruises in the attack.
At their second court appearance on October 28 2008 Magistrate Tuyenikelao Haikango

told the three Swapo Party activists to re-appear in court on January 29 2008 pending
further Police investigations into the incident. The suspects were released on a bond of
N$1 500 each.672
2.3.11.2.6. Swapo Party Councilor Warns against RDP
On May 31 2008, Swapo Party Regional Councilor for Ondobe Constituency Mandume Pohamba
warned teachers and other civil servants in the Ohangwena Region to “be careful and not to forget
that they were civil servants employed by the Swapo-led Government to serve the Namibian
people in accordance with the Swapo Party Election Manifesto of 2004”. Addressing a Swapo
Party rally at Edundja in the Ohangwena Region, Councilor Pohamba also warned civil servants,
who were supposedly joining and campaigning for RDP, that the “Swapo Party Government”
could take steps against those civil servants found to be “sabotaging” GoN by joining RDP.673
2.3.11.2.7. Swapo Party Fans Intra-tribal Tensions
On May 31 2008, Swapo Party’s Ondobe Constituency Councilor, who is also Swapo
Party’s Information and Mobilization Secretary for Ohangwena Region Mandume
672
Internal monitoring reports, NSHR, July 11 2008 and October 28 2008
673
“Swapo leaders in Ohangwena stir tribal tensions”, The Namibian online, Wednesday, June 4 2008
206
Pohamba accused OTA leaders inter alia of being “habitual traitors who have not only
betrayed legendary OvaKwanyama King Mandume ya Ndemufayo, but also the current
Swapo Party leadership”. Under the leadership of King Mandume, the Ovakwanyama
community launched a heroic armed resistance against Portuguese and British colonial
forces between 1915 and 1917.674
Councilor Pohamba also called upon OTA to “respect” former Swapo Party President
Sam Nujoma who, according to Councilor Pohamba, had “liberated this country”. He
further remarked that OTA leaders were “always against the will of the majority” of the
people of Namibia.675
2.3.11.2.8. Brother Beats Brother Over RDP
On May 10 2008, Victor Haufiku (19) told HRDs that his elder brother physically
assaulted him after he joined RDP. This politically-motivated violence incident occurred
on May 6 2008 at Okadiva village near Edundja village. Both villages are situated in the
Ohangwena Region.676
2.3.11.2.9. Swapo Party Supporters Insult Police
On May 9 2008, several Swapo Party activists singing praises for former President Sam
Nujoma hurled obscene verbal insults at some of the Police officers who tried to prevent a
violent clash between Swapo Party and RDP supporters in the Okuryangava section of
Windhoek’s Tobias Hainyeko Constituency. Swapo Party members accused the Police
officers of siding with RDP.
Disturbed by the growing anarchy and violence, NSHR said it strongly condemned the
provocative conduct, including intimidation and verbal insults being hurled against Police
674
“Namibians Must Wake To Political Intrigues”, Press Release, June 8 2008, and “NSHR: Namibians Must Wake To
Political Intrigues”, The Shebeen online, June 8 2008
675
“NSHR: Namibians Must Wake To Political Intrigues”, Press Release, June 8 2008
676
Internal monitoring reports, NSHR, May 10 2008 and “Swapo Party Activists Block RDP Rally”, Press Release,
NSHR, May 11 2008
207
officers, by any political activists. Expressing the Human Rights Organization’s
disapproval of anarchy and violence, NSHR executive director Phil ya Nangoloh said:
“In as much as it is unacceptable for members and supporters of political parties to

engage in hate speech and hate crime against one another, we find it even more
disturbing, undemocratic and totally irresponsible for citizens to hurl insults and
make other derogatory remarks at Police officers while the latter are maintaining
law and order”.677
2.3.11.2.10. Councilor Calls for Anti-RDP and Anti-Kwanyama Demo
On May 9 2008, Swapo Party’s Okahao Regional Councilor Isai Kapenambili announced
over an NBC Radio program that “a demonstration by parents and teachers will be held at
the Etalaleko Secondary School on May 13 2008” to discuss the “deterioration of
education at our school”. However, well placed NSHR sources said the protest was, in
fact, intended to press for the removal of School Principal Lameck “Kamunyengo”
Shilongo (53). Moreover, Shilongo, who is an ethnic Kwanyama, also told NSHR on May
10 2008 that the “real reason behind the demonstration is because of my association with
RDP and because I am Oshikwanyama-speaking”.
The Shilongo expulsion was the subject of a February 9 2008 Swapo Party rally held at
the headquarters of the Ongandjera Traditional Authority at the town of Okahao, the birth
place of former Namibian President Sam Nujoma. During the rally also attended by
NSHR monitors, several Swapo Party leaders described Shilongo as “a member of RDP
which is a tribal party of the Kwanyamas”. Shilongo confirmed that he was, indeed, an
RDP member adding that, in terms of inter alia Article 17 of NC, he has the right to join
any political party of his choice.678
677
678
Internal monitoring reports, NSHR, May 10 2008 and “Swapo Party Activists Block RDP Rally”, Press Release,
NSHR, May 11 2008 and Anti Kwanyama antics at Okahao, Oshigambo, Press Release, NSHR, February 11 2008
208
2.3.11.2.11. Husband Assault Wife over RDP Ties
On May 6 2008, the Afrikaans Republikein newspaper published a color picture of an

injured Ms. Aili Nghihalwa (41). According to Republikein, Nghihalwa’s husband,
Nathaniel, assaulted her after she attended an RDP rally held at Edundja village, in the
Ohangwena Region, on May 3 2008.679
2.3.11.2.12. Son Assaults Mum over RDP Links
On or around May 4 2008 a male Swapo Party supporter physically assaulted his own
mother after she attended an RDP rally held at Edundja village on May 3 2008. Human
rights monitors in the Ohangwena Region reported that a certain Joseph assaulted his
mother, Rauna Nghikunyunga (68) at Okadila Village, also in the Ohangwena Region.
Impeccable NSHR sources speaking on condition of anonymity described Joseph as a
cattle herder in the employ of a certain Kasita. The latter is said to be the Swapo Party
Coordinator at the said village in the Ohangwena Region.680
2.3.11.2.13. Father Evict Children over RDP
On May 3 2008, a 58-years old Ohangwena Region businessman, whose identities are
known to NSHR, allegedly evicted his own children from their home, because they have
joined RDP. The siblings, Donatius (22), Faustinus (21) and Maria (20), confirmed the
incident to NSHR on May 8 2008.
Speaking on his own behalf and that of his siblings Donatius admitted that he and his
siblings are RDP members and requested NSHR to “please educate our father and other
Swapo Party supporters” about the human rights of everyone to join the party of their
choice as guaranteed in the Namibian Constitution. “We don’t want to lay a criminal
charge against him with the Police, but we are urging him to allow us back home”,
Donatius told HRDs.
679
“Swapo Party Activists Block RDP Rally”, Press Release, NSHR, May 11 2008
680
“Swapo Party Activists Block RDP Rally”, Press Release, NSHR, May 11 2008
209
Also speaking on condition of anonymity, a paternal aunt to Donatius confirmed to
NSHR that the eviction had, indeed, taken place and accepted the NSHR request to
mediate between the father and his children.681
2.3.11.2.14. Ruling Party Councilor Incites Violence
On or around April 29 2008, Swapo Party’s Ondobe Regional Councilor Mandume

Pohamba reportedly engaged in hate speech and incitement as well as demonization when
he urged Swapo Party members and supporters to take certain unspecified measures
against local RDP supporters. Addressing a Swapo Party rally at Onghalulu village east of
Okongo village in the Ohangwena Region, Councilor Pohamba referred to both
Onghalulu Headman and human rights activist David Shingo (64) and Omana Primary
School Headmaster Nestor Shaimemanya (48) inter alia as “homosexuals, traitors and
snakes”. Pohamba then urged Onghalulu village residents to boycott RDP businesses.682
2.3.11.2.15. Ongwediva Mayor Warns Against RDP
April 12 2008, Ongwediva Mayor and Swapo Party’s Oshana Coordinator Eratsus Uutoni
urged his audience “not to join any other political parties” in the country “such as
Radopa”. “Radopa” is a derogatory reference to the rival RDP party, led by former
liberation struggle ideologue HH. Mayor Uutoni also accused “Radopa [of being] hell-
bent on bringing about tribalism and war in this country”. Uutoni was addressing a
SWAPO Party rally held at Ohangwena village, in the Ohangwena Region.683
2.3.11.2.16. Police Commander Faces RDP Assault Charges
On March 16 2008 a male assault victim accused NamPol’s Omuthiya Station

Commander Sergeant Kanenguni of refusing to allow him to lay a criminal charge against
his assailant. RDP activist Frans “Chakolona” Mateus (37) and human rights monitors as
681
“SWAPO Party Activists Block RDP Rally”, Press Release, NSHR, May 11 2008
682
683
“Exposing Scapegoating, Obfuscation, Scare Tactics and Fear-Mongering In The Name Of The Swapo Party”, Press
Release, April 16 2008
210
well as Police sources in the Oshikoto Region said on March 11 2008 that a certain Timo,
who was identified as a Swapo Party supporter, hit Mateus (37) to the head with a stick
and inflicted serious permanent injuries to Mateus’ right ear.
However, Sergeant Kanenguni allegedly not only declined to accept Mateus’ charges
against Timo, but he has also refused to give Mateus a J88 (i.e. Medical Report) form in
order for Mateus to undergo medical examinations. Sergeant Kanenguni allegedly also
told Mateus that, as an Angolan he (i.e. Mateus) had no right to lay a charge against a
Namibian.
Timo allegedly hit Mateus at Jakobina’s Shebeen where and while Mateus was asleep at a
bench. NSHR sources identified Timo as a SWAPO Party activist at the town.684
2.3.11.2.17. ECN Summarily Axes Elections Director
On March 7 2008, ECN summarily dismissed Elections Director Philemon Kanime for no
apparent legal reasons, following allegations against Kanime from SPYL that Kanime
was an RPD supporter. On November 17 2007, the Directorate of Elections which
Kanime headed officially registered RDP as a lawful political party. Several former
senior Swapo Party members launched RDP, a move which the Swapo Party was strongly
opposed to.
In a Press Release issued on March 9 2008, NSHR questioned the legal and
constitutionality of Kanime’s axing by ECN. The Human Hights Organization said it had
it on good authority that Kanime’s removal “does not cite or identify any constitutional or
legal authority upon which such removal is claimed to rest and or any specific reasons for
Kanime’s summary dismissal”.685
Kanime was duly appointed as Director of Elections (DoE) by the President in terms of
684
“Ugly Allegations Against Namibian Police”, Press Release, NSHR, March 17 2008 and “NAMIBIA: NSHR - Ugly
685
“NAMIBIA: Kanime's Dismissal Assault On Democracy”, Press Relese, NSHR, March 9 2008
211
NC686and Section 11(1) (b) the Electoral Act 1992 (Act 24 of 1992).687Moreover, in terms
of NC and the Electoral Act 1992 (Act 24 of 1992), any person appointed to any post by
the President may only be removed from his or her post “by the same process through
which such person was appointed”.688
After all in terms of Section 8(1) (d) of the Electoral Act 1992 (Act 24 of 1992), a DoE
may only be removed by President on the grounds of “misconduct, mental or physical
incapacity or upon conviction of a criminal offence and subsequent imprisonment without
the option of a fine”. On March 9 2008, NSHR had described Kanime’s axing as an
“assault on democracy”.689
2.3.11.2.18. Ruling Party Members Threaten Journalist
On or around February 24 2008, a group of some 30 SWAPO Party supporters singing

praises for former President Sam Nujoma threatened Republikein journalist Placido
Hilukilua. At least one member of the group poked his finger into reporter Hilukilua’s
face and accused him of being inter alia a “puppet of Phil ya Nangoloh” and an RDP
supporter. The mob only ran away after Hilukilua called NamPol members who then
intervened. The incident occurred at approximately 19h00 between Onethindi and
Ondangwa towns in the Oshikoto Region.690
2.3.11.2.19. Swapo Party Mobsters Target RDP Activist
On or around February 24 2008 a mob of toying-toying Swapo Party supporters dancing

and chanting praises for former Namibian President Sam Nujoma as well as hurling
ethnically inflammatory slogans, marched to Guava Flats at the Ongwediva where an
RDP branch office is housed. They also attempted to forcibly enter the said premises by
inter alia kicking the doors and threatening to physically attack businessman and Guava
686
Articles 32(3)(g) and 32(3)(i)(ee) of NC
687
Section 11(1)(b) of the Electoral Act 1992 (Act 24 of 1992) as amended
688
Article 32(6) of NC
689
“NAMIBIA: Kanime's Dismissal Assault On Democracy”, Press Relese, NSHR, March 9 2008
690
212
Flats owner Epafras Penda Nangolo (32). The mobsters also threatened to close down
Nangolo’s business by physically locking its doors and intimidating residents into
boycotting it. The group only left the premises after NamPol members intervened to
enforce law and order.
Shortly before the incident the group attended a Swapo Party rally held at Ongwediva where
Swapo Party Secretary General, Attorney General and Justice Minister Pendukeni Iivula-Ithana
reportedly engaged in character assassination and other political hate expression against, among
others, NSHR executive director Phil ya Nangoloh and RDP leaders as well as making
disparaging remarks about the legendary OvaKwanyama King Mandume ya Ndemufayo.691
2.3.11.2.20. Swapo Party SG Makes Hate Speech
On February 24 2008, Swapo Party Secretary General and Justice Minister as well as
Attorney General Pendukeni Iivula-Ithana described NSHR executive director Phil ya
Nangoloh inter alia as a “whirlwind” and as “a person who is not brought up well by his
parents”.692
2.3.11.2.21. President Brands Opponents ‘Traitors’
On February 23 2008 President Pohamba described those former Swapo Party members
who joined RDP party as ‘traitors and Judas Iscariots who misled people and betrayed the
Swapo Party “like the Biblical Judas had betrayed Jesus”.
Other SWAPO Party leaders who also addressed the said rally inter alia urged SWAPO
Party supporters to deprive RDP members of economic opportunities and to deny them
access to water as well as to boycott businesses owned by the RDP supporters. Speaking
at the same rally, Swapo Party Governor for the Oshikoto Region, Penda ya Ndakolo,
allegedly described, among others, NSHR human rights defenders as well as RDP leaders
inter alia as “house geckos” and “cockroaches”. Also speaking at the same occasion,
691
692
Internal monitoring reports, NSHR, February 24 2008
213
Swapo Party’s Oshikoto Regional Coordinator Armas Amukwiyu urged Swapo Party
supporters to inter alia sabotage NSHR and RDP owned businesses by boycotting
them.693
2.3.11.2.22. Swapo Party Members Assault RDP Activists
On February 23 2008, at the villages of Omulondo, Omulonga wa Ndevahoma and or

Omakangha, some 60 kilometers east of Eenhana town in the Ohangwena Region, a
group of about 200 Swapo Party supporters praising former President Sam Nujoma
physically assaulted and or threatened to physically assault RDP supporters Peter Naholo
(age unknown), Liina ya Shikesho (43) and Paulina Ndeutema Nathaniel (33). The group
also attempted to enter the house of Naholo but NamPol members timely prevented them
from doing so.694
2.3.11.2.23. RDP Supporters Assaulted by Swapo Party Activists
On February 22 2008, a group of Swapo Party supporters, led by a certain Joseph Shileka,
allegedly assaulted two RDP supporters at a shebeen belonging to a certain Naemi
Ndafelai at Omundaungilo village. The two victims, viz. RDP supporter Simeon Martin
(21) and HRD Johannes Jacob (30) sustained minor bodily injuries. The duo has
identified some of their assailants as Martin Kudumo, Vinia Kakololo, Hangula Haimbodi
and Ndahekelekwa Kandadi as well as the abovementioned Shileka. The incident has
been reported to the Police at Eenhana after the victims received medical treatment at a
local hospital where a certain Ms. Mwandingi, a medical nurse, allegedly reprimanded
Martin and Jacob for being RDP members.695
693
694
695
214
2.3.11.2.24. Swapo Party Supporters Demonize HH
On February 17 2008, several Swapo Party activists singing praises for former Namibian
President Sam Nujoma allegedly held a rally where they engaged in political hate speech
and hurled vulgar language at RDP President HH. HH was allegedly also accused of inter
alia plotting to assassinate Nujoma. Among others, a certain Samwel Shivute, Toivo
Nghilalulwa and Rosa Wakuwile allegedly addressed the rally at Okahupi village, less
than 5 kilometers northwest of the newly proclaimed town of Omuthiya, in the Oshikoto
Region.696
2.3.11.2.25. Swapo Party Activists Threaten Female RDP Member
On February 17 2008 a group of Swapo Party supporters nearly physically attacked a

female RDP member at the Omuthiya town. Shouting inter alia “Dogs of Hidipo and
Nyamu!” and “We will cut [RDP Secretary-General Jesaya] Nyamu’s tail off”, the unruly
Swapo Party supporters only dispersed soon after the Police intervened. The incident
occurred at approximately 18h40 at the open market in the town situated in the Oshikoto
Region.697
2.3.11.2.26. Swapo Party Info Secretary Sings Hate
On February 16 2008, newly appointed Swapo Party Information and Publicity Secretary
and Housing Minister Jerry Ekandjo urged a group of Swapo Party supporters to sing
after him saying: “Phil ya Nangoloh, the nation hates you” and “The tails of Phil ya
Nangoloh, Hidipo Hamutenya, Jesaya Nyamu, Ben Ulenga and [Abraham] Ndumbu must
be cut off”. Ekandjo, who was singing praises for former President Sam Nujoma was
speaking at a Swapo Party rally at the town of Eenhana, also attacked “whites and Boers”
and said:
“Do not consider those old whites and Boers as good people. They are killers. If it
696
697
“Sustained media attacks and provocation conduct deplored”, Press Release, February 19 2008
215
was not their acts, Namibia would have a large number of inhabitants like our
neighboring countries, such as South Africa and Angola”.
One of the several HRDs who monitored the Ekandjo meeting sarcastically remarked: “I
wonder why Ekandjo failed to also sing praises for President Pohamba!”698
2.3.11.2.27. Swapo Party Members Provoke RDP Supporters
On February 15 2008 a convoy of Swapo Party members and supporters drove to Friends
Bar and Restaurant at the town of Eenhana and hurled other inflammatory tirades against
RDP supporters before NamPol members timely intervened. Senior Regional Swapo
Party officials led the Swapo Party provocative convoy. A disturbed RPD member
Caroline Ndaoya (29), resident of Eenhana urged Swapo Party members and supporters to
“stop behaving like undisciplined small children”.699
2.3.11.2.28. Swapo Party Leaders Demonize Kwanyamas
On February 10 2008, at Oshigambo village in the Oshikoto Region, several Swapo Party
leaders hurled hate epithets and other incendiary expression at RDP leaders and human
rights defenders. Speaking at a Swapo Party rally held at the Ekondo shebeens and
praising former Namibian President Sam Nujoma, Swapo Party’s Oshana Region
Coordinator and Ongwediva Major Erastus Uutoni, who chaired the rally, and maverick
Oshikoto Regional Governor Penda ya Ndakolo as well as Swapo Party’s Oniipa
Constituency John Shiindi reportedly also described, among others, RDP President HH,
Oshigambo native and RDP Secretary General Jesaja Nyamu as well as RDP’s Oshikoto
Region Secretary Ismael Shailemo as “criminals”, “liars” and “botsotsos” as well as “a
bunch of party of tribalists who are intent of bringing about an ethnic conflict like in
Kenya”.
698
Internal monitoring reports, NSHR, February 23 2008; “Now Pohamba Sees The Right”, Press Release, NSHR,
March 3 2008 and “NAMIBIA: NSHR - Now Pohamba Sees The Right”, The Shebeen online, March 3 2008
699
“Sustained media attacks and provocation conduct deplored”, Press Release, February 19 2008
216
At the rally claims were also made that the OvaKwanyama-speaking people “are
everywhere in this country” and that “RDP was a tribal party of the Kwanyamas some of
who are even holding high posts in the SWAPO Party Government”.
The Swapo Party speakers also demonized local RDP supporter and businessman Dave
Ndungula and RDP Omuthiya town Coordinator Lieutenant (ret.) Moses Amkoto as well
as NSHR executive director Phil ya Nangoloh. Swapo Party’s Oshikoto Governor Penda
ya Ndakolo allegedly accused ya Nangoloh of inter alia having embezzled thousands of
Namibia dollars ear-marked for the construction of the Tsumeb-Ondangwa railroad. The
audience was urged to hold the Ndungulas, Nyamus, Hidipos and Shailemos by their tails
and to cut those tails off.700
Reacting to inter alia the racially-motivated attacks on the OvaKwanyama people, NSHR
executive director Phil ya Nangoloh strongly warned against a Kenya-style ethno-political
conflict in the country and urged President Pohamba, “as a matter of utmost urgency, to
act now before it is too late” and “to unequivocally pronounce himself on national
television against the growing anti-Kwanyama and any other tribal or racially motivated
sentiments in the country”.701 He also warned:
“We wish to warn the political leaders of our country that they will be held
responsible for this extremely dangerous conduct, which unless discontinued now,
could result in charges of crimes against humanity. It is interesting to note that
those who have recently been accusing others of threatening peace and stability of
this nation, for example, for petitioning [ICC] are now the ones who are
spearheading this crusade of sowing of the seeds of ethnic strife in this country. It
must be pointed out that the Namibian Constitution guarantees the right of all
citizens to join any political parties of their choice without interference from any
quarter”.
700
701
217
2.3.11.2.29. Omusati Leaders Express Anti-Kwanyama Sentiments
In an anti-OvaKwanyama move on February 9 2008 certain Swapo Party leaders in the

Omusati Region demanded for the expulsion of Etalaleko Secondary School Principal
Lameck Kamunyengo Shilongo (53). Speaking at a public rally held at the headquarters
of the Ongandjera Traditional Authority at the town of Okahao, the local Swapo Party
leaders explained that Shilongo should be expelled “because he is an RDP member and
because RDP is tribal party of the OvaKwanyama people”.702
2.3.11.2.30. NCIS Agent Foments Violence
On January 19 2008, an NSHR video team furtively filmed a certain Katoole, said to be
an NCIS agent, as he was either instigating and or coordinating acts of provocation by
Swapo Party supporters directed against RDP activists at the town of Omuthiya. Human
rights monitors systematically caught Katoole unawares as he secretly communicated
with other provocative agents or with senior Swapo Party leaders at the scene. NSHR had
later reliably established that Katoole operated from NCIS offices at the town of
Ongwediva, where former Swapo Party President Nujoma also had his offices. At the
time, Katoole was filmed driving a white Toyota WTI vehicle with a registration number
N 10639 SH.
2.3.11.2.31. Swapo Party Mobsters Stone Female RDP Activist
On January 19 2008, a group of Swapo Party supporters idolizing former Swapo Party
President Sam Nujoma stoned elder RDP activist Priscila Kambonde (60) in the chest as
she was disembarking from an RDP vehicle. The incident occurred at approximately
20h00 at the town of Ondangwa in the Oshikoto Region.703
702
703
“Incidents of provocation and political corruption”, Media Briefing, January 22 2008 and “NAMIBIA: NSHR
218
2.3.11.2.32. Ohangwena Governor Calls RDP Officials Names
On or around December 11 2007 and in the presence of media representatives from,

among others, Namibia Press Agency (NAMPA) and Republikein newspaper Swapo
Party Central Committee member and Ohangwena Regional Governor Usko Nghaamwa
described senior RDP representatives Ismael Shailemo and Joseph F Halueendo as
“criminal and misleading defectors” as well as “tribalists who have caused divisions even
amongst our family members”.
According to Nghaamwa, Shailemo was “a criminal and misleading defector”, while

Halueendo was described as “a criminal and misleading defector who has run a project
for people with disabilities at Engela and the Mandume Farmers Cooperative into
bankruptcy”.704
2.3.11.3. FREEDOM OF ASSEMBLY
“Freedom of assembly” refers to the right of individuals and or communities to come

together with the view to collectively express, promote, pursue and defend common
interests.705
NC,706UDHR707and CCPR708guarantee the right of everyone, without distinction of any

kind, such as race, color, sex, sexual orientation, age, disability, language, religion,
political or other opinion, national or social origin, property, birth or other status, to
freedom of peaceable assembly. However, several incidents amounting to denial of this
right were monitored during the period under consideration, including:
704
“Open Letter to Governor Usko Nghaamwa”, Ismael Shailemo, Ondangwa, and Joseph Fikameni Halueendo,
Ondobe, Ohangwena Region, 2007
705
”Universal Declaration of Human Rights Contact Page”. Unhchr.ch. Retrieved on 2008-12-10 and
http://en.wikipedia.org/wiki/Freedom_of_assembly
706
Articles 21(1) (d) of NC
707
Article 20(1) of UDHR
708
Article 22 of ICCPR
219
2.3.11.3.1. Education Minister Declares ‘No Go Areas’
On or around May 11 2008, Education Minister Nangolo Mbumba, considered as a

moderate, declared on local NBC Radio News that there would be ‘no-go areas’ for other
political parties, since these are zones owned by Swapo Party. The Party continues to
claim that certain locations are its sole property and should remain inaccessible to other
political groups. On February 10 2008 NSHR also had it on good authority that the
Omusati Region has been declared a ‘no go area’ for RDP.709
2.3.11.3.2. Swapo Party Blocks RDP Rally
On May 10 2008, Swapo Party activists prevented RDP from holding a scheduled rally on an
open space in Windhoek’s Okuryangava neighborhood under the pretext that the area where the
space is situated belonged to the Swapo Party and as such it was “no-go zone” for other political
parties. In an open letter addressed to President Pohamba, RDP Secretary General Jesaya Nyamu
said RDP members had suffered provocation and “fascistic” intimidation from Swapo Party
extremists. Nyamu said the behaviors of the “neo-fascist elements” in Swapo Party were
reminiscent of supporters of the fascist Nazi regime under Adolf Hitler.
In an Open Letter RDP President HH called upon Pohamba to rein in unruly Swapo Party
members. HH also reminded President Pohamba that NC guarantees right of all
Namibians to fully participate in the nation's peaceful political activities as well as the
right to freedom of association, which includes forming and joining associations like
political parties and trade unions.710
Referring to the above incident, IPPR Director and political analyst Graham Hopwood
also on May 15 2008 told The Namibian that Swapo Party’s declaration of 'no-go zones'
for political campaigning by other parties was “fundamentally undemocratic”. Hopwood
709
Internal monitoring reports, NSHR, February 10 2008
710
“SWAPO’s Disruption of the RDP Peaceful Political Activity”, Open Letter to Presdient Pohamba, RDP, May 13
2008
220
argued that a public space does not belong to Swapo Party or any other political party for
that matter.711
2.3.11.3.3. Swapo Party Member Disrupts RDP Rally
On February 24 2008 at the town of Omuthiya, NamPol members arrested a certain

Shigolo, resident of Indongo ya Keelu village, south of the town. The drastic Police
action came immediately after Shigolo attempted to disrupt an RDP rally by violently
circling RDP supporters and recklessly endangering their safety in his dark maroon Citi
Golf VW sedan fitted with Swapo Party regalia.712
2.3.11.3.4. Omusati Governor Bans Political Activities
On January 2 2008 Omusati Regional Governor Sackey Kayone announced that “no
alternative political activities” will be allowed in the Omusati Region for the next six days
starting from January 2 2008. Speaking on the local NBC’s Oshiwambo Language
Service Program, Lungada, and Governor Kayone warned “opposition politicians” to
refrain from engaging in any “alternative political activities in the Omusati Region three
days prior to January 5 2008 and three days after that date in order to respect President
Pohamba”.
Kayone explained that a ban on alternative political activities was necessary because
Namibian President Pohamba, who is also the president of the ruling Swapo Party, was
expected to hold a Swapo Party rally at the town of Outapi, the capital of the Omusati
Region. Speaking on the same program, a male Swapo Party Regional Councilor in the
Outapi Constituency expressed “concern” that there were people who “are being misled”
and who “are harboring reservations about the ruling Swapo Party in the Omusati Region.
711
“No-go areas undemocratic: analyst”, The Namibian online, Friday, May 16 2008
712
221
He urged would be attendants of the January 5 2008 rally to “take those who are misled
along” to the Pohamba meeting in order to be “corrected”.713
Through a Press Release issued on January 2 2008, NSHR said “we are naturally
concerned at this blatantly irrational and unconstitutional ban by Governor Kayone”.
Condemning the ban, NSHR executive director Phil ya Nangoloh pointed out the
condemnation of Governor Kayone's ban is based on the letter and spirit of NC, with
specific reference to Articles 17, 21 and 95(k) thereof in terms of which Namibian
citizens have the right to freedom of movement, association and assembly as well as the
right to engage in any peaceful political activities intended to influence the composition
and policies of Government.
The Human Rights Organization called upon Governor Kayone to uphold all the
constitutional provisions and pointed out that Articles 17 (1) and 17(3), 21(2) and 22 of
NC “which set the criteria to be followed whenever or wherever in terms of the Namibian
Constitution any abrogation, suspension or restrictions of any of the 20 fundamental
rights or freedoms enshrined in Chapter 3 of the Constitution are contemplated”.714
2.3.11.4. FREEDOM OF MOVEMENT
“Freedom of movement” or mobility rights or the right to travel refers to the right of
every citizen or resident, without distinction of any kind, such as race, colour, sex, sxual
orientation, age, disability, language, religion, political or other opinion, national or social
origin, property, birth or other status, to leave and return to the country as guaranteed
under NC,715UDHR716and ICCPR.717This includes the freedom of everyone to travel
extraterritorially wherever he or she is welcome, and, with proper documentation, return
to the country at any time. In addition, this freedom also includes the right of everyone to
713
“NAMIBIA: Omusati Governor Bans Opposition Political Activity”, The Shebeen online, January 2 2008 and
“Omusati Governor Bans Opposition Political Activity”, Press Release, NSHR, January 2 2008
714
“NAMIBIA: Omusati Governor Bans Opposition Political Activity”, The Shebeen online, January 2 2008 and
“Omusati Governor Bans Opposition Political Activity”, Press Release, NSHR, January 2 2008
715
Article 21(1)(g),(h) and (i) of NC
716
Article 13 of UDHR
717
Article 12 of ICCPR
222
travel to, reside and settle in, and or to work in, any part of the country where he or she
wishes without interference but within the legal framework.
The denial of the right of persons to freedom of movement within national and
international borders can have profound effects upon other basic human rights also
outlined in UDHR and other human rights treaties. Without the right to leave ones home,
an individual may be politically repressed, prevented from observing his or her chosen
religion, prevented from enjoying the basic right to marriage or family life, or blocked
from a job or an education that ultimately could enhance his or her quality of life. Thus,
while free movement may seem on the surface to be a fairly minor and obvious human
right, it actually is one of the most basic rights that in many nations around the world,
when violated, it causes numerous problems and cases of suffering.
During the period under consideration there were incidents constituting or amounting to
violations of the right to freedom of movement, including:
2.3.11.4.1. Learner Swapo Party Activists Stone RDP Convoy
On May 17 2008 Swapo Party learner supporters at the Oshakati Senior Secondary
School stoned an RDP vehicle. The vehicle was part of a convoy of approximately 50
vehicles packed with RDP supporters. The convoy was moving through the town on its
way to the rally held later that day at the town of Ongwediva. The stone throwers
disappeared immediately after the incident.718
2.3.11.4.2. Swapo Party Supporters Block RDP Movement
On February 24 2008 at approximately 19h40 a large group of Swapo Party supporters

blocked a convoy of RDP supporters on the main road adjacent to ABC complex at
Ondangwa. Some of the highly provocative members of the group sprayed mud on the
vehicle belonging to RDP activist Vilho “Kabila” Hamunyela and threatened to
physically harm Kabila and other RDP supporters. Kabila’s vehicle’s windscreen was
718
223
struck with bottles and has cracked. Sensing the life-threatening danger, Kabila, who was
armed with a firearm, fired several warning shots in the air before NamPol members
intervened and dispersed the riotous crowd of Swapo Party supporters.
Kabila and other RDP supporters were traveling in a convoy along the B1 highway
between the towns of Omuthiya and Ondangwa in the Oshikoto Region. They were
returning from the town of Omuthiya where they attended an RDP rally held on the same
day. Shortly before the incident, the aggressive group of Swapo Party supporters also
attended a political rally addressed by a highly inciteful Swapo Party Secretary General
Pendukeni Iivula-Ithana at the town of Ongwediva in the Oshana Region. Kabila laid a
criminal charge against the Swapo Party with the Ondangwa Police precinct.
It is significant to point out that Mme Iivula-Ithana and several Swapo Party leaders had
on several occasions in the recent past used the political rallies to engage in political hate
speech and other forms of inflammatory remarks. According to human rights monitors, at
another Swapo Party rally held at Ha-Na-He butchery on February 23 2008 at the town of
Omuthiya, Ms. Ithana allegedly also made incendiary remarks about human rights
defenders and other Swapo Party and or GoN critics.
2.3.11.4.3. Swapo Party Members Block RDP Vehicles
On February 24 2008 a group of Swapo Party supporters allegedly blocked the

movements of RDP supporters at Omutsegwonime village on the B1 highway between
Oshivelo village and the town of Omuthiya in the Oshikoto Region. The RDP supporters
were traveling from Omuthiya where they attended a rally addressed by the party’s
Interim Secretary General Jesaya Nyamu and other party leaders.
The provocative Swapo Party mob, on the other hand, came from the nearby shebeen
belonging to firebrand Oshikoto Regional Governor Penda ya Ndakolo at
Omutsegwonime village, some 30 kilometers east of the town of Omuthiya. Like Swapo
Party Secretary General Pendukeni Ithana, Governor ya Ndakolo have been reported on
numerous occasions as having engaged in political hate speech and other incendiary
224
remarks aimed at human rights defenders and RPD members. During a Swapo Party rally
held at Omuthiya on February 23 2008, Governor ya Ndakolo allegedly described among
others NSHR human rights defenders and RDP leaders and supporters inter alia as
“house geckos” and “cockroaches”.
2.3.11.4.4. Swapo Party Supporters Impede RDP Movement
On January 19 2008 Swapo Party supporters, singing praises for former President Sam
Nujoma and shouting obscenities and other inflammatory epithets against RDP, attempted
to impede the movements of RDP supporters returning from their rally at the town of
Omuthiya.
Violent incidents of stone throwing as well as illegal road blocks by SWAPO supporters
also occurred on the same day at Onathinge, Onethindi (next Viva Tangeni cuca shop)
and Oluno in the Oshikoto Region, some 20, 5 and 2 kilometers, respectively, east of the
town of Ondangwa. Had it not been for members of the Namibian police who intervened
timely, by removing the illegal road blocks, these incidents of provocation could have
resulted in violent clashes between the Swapo Party and RDP parties.719
2.3.11.5. FREEDOM OF RELIGION
Both NC720and ICCPR721guarantee the right of everyone to freedom of thought,

conscience and religion. This freedom may not be suspended even during a state of
emergency, national defense or martial law. There were no known attacks on the
freedom of religion during the reporting period.
719
“Incidents of provocation and political corruption”, Media Briefing, NSHR, January 22 2008 and “NAMIBIA: NSHR
720
Articles 19 and 21(1)(b) and (c) of NC
721
Article 18 of ICCPR
225
3. RIGHT TO COMMUNITY SECURITY
“Community security” refers to the protection of minority and or other traditional

communities from sectarian and ethnic violence. Both NC722and ICCPR723and several
other international human rights treaties which GoN has ratified, such as the Rome
Statute of the ICC and the UN anti-Genocide Convention of 1948 guarantee the
protection of especially communities against sectarian and or racial violence.
Nonetheless, NSHR remains concerned that certain furtive as well as unfair actions and or
inactions by GoN have continued to create conditions for the exacerbation of the hitherto
existing inter-ethnic and intra-ethnic tensions and or for the emergence of altogether new
ones. Since its inception in December 1989, the Human Rights Organization has been
urging GoN to refrain from doing anything which might threaten the right to cultural,
economic and physical security of any communities.
Following its 73rd session held in Geneva between July 28 and August 15 2008, CERD
expressed concern about GoN failure to provide sufficient information on the criteria used
to recognize certain traditional leaders while withholding such recognition to others.
CERD also requested GoN to provide it with detailed information on the criteria used to
recognize traditional leaders and urged GoN to ensure that the criteria used for the
recognition of traditional leaders under the Traditional Authorities Act 2001 (Act 17 of
2001) are objective and fair and, further, that the application process is monitored by an
independent body charged with assessing the legitimacy of applications for recognition
by indigenous groups.724
Alarmed by a spate of often racially motivated provocations, intimidations and hate

expression directed against certain communities in the country during the period under
review, NSHR issued an earnest warning to “the political leaders of our country that they
722
Articles 10, 19 and 66 of NC
723
Articles 2, 18 and 27 of ICCPR
724
226
will be held responsible for these extremely dangerous conducts, which unless
discontinued now, could result in charges of crimes against humanity”.725
President Pohamba and several other concerned political, religious and traditional leaders
in the country have also warned against the dangers posed by inter alia tribalism and
regionalism as well as political hate speech.726As the period under review ended, the
Human Rights Organization has remained concerned about several instances of grave
threats to the right to cultural, economic and physical security of several traditional and
minority communities throughout the country, including:
3.1. NAMAS VS. ETHNIC OVAMBOS IN SOUTH
The inter-ethnic tension between Nama and Ovambo communities in the South
manifested itself through the “tribal rivalry” and “tribal issues” at beginning of 2008 at
the southern village of Bethanie where ethnic Namas angrily accused the predominantly
Ovambo Police contingent at the village of inter alia bias and other human rights
violations against the Nama people since 2005.727
Inter-ethnic tension between ethnic Ovambo and the Nama-speaking peoples in the South
also manifested itself through a spate of allegations of real or imaginary economic
exclusion and marginalization as well as ethnic domination of the Nama people by ethnic
Ovambos in the southern Hardap and Karas regions of the country.728For example, in a
letter addressed to President Pohamba in July 2008 Nama leaders complained about a
series of economic and cultural issues and demanded that the “playing field is leveled”
with respect to the people of the Karas Region.729
In an effort to ease these problems, a delegation of 25 Nama traditional authority leaders

led by Karas Regional Governor David Boois met President Pohamba at State House on
July 23 2008. During the meeting with Pohamba, the Nama leaders expressed concern
725
“Catalog of provocative incidents”, Press Release, February 25 2008
726
see also “General political intolerance” under Section 2.1.22 as well as under “Racial Discrimination”, Section
2.3.10.2 of this report supra
727
728
see also “Discrimination against Nama people”, Section 2.3.10.2.3 supra
729
“Nama Clan Leaders Write To Pohamba”, The Namibian online, Friday, July 18 2008
227
about the “exclusion” of the people of the South from the mainstream social and
economic life of the country. Karas Region Chief Executive Officer Salmaan Jacobs
pointed out that the people of the South “are neglected in many ways” after
independence.730
3.2. MAFWE-MASUBIA TENSION
The long-simmering and chronic inter-tribal tensions between the rival Mafwe and Masubia
communities in the Caprivi Region persevered. During the period under review the racial tensions
between the two communities reached new heights following the GoN decision to grant to ethnic
Mafwe tribesmen 99-year leasehold certificates in areas claimed by the rival Masubia people.
On or around May 10 2008 Acting Caprivi Regional Governor, Dorothy Kabula, handed over
nine (9) MLLR 99-year leasehold certificates to a group of Mafwe applicants. Infuriated by the
99-year leasehold certificates granted to ethnic Mafwe tribesmen, Masubia Chief Liswani III said
on May 11 2008 that his khuta was “highly disturbed by this turn of events”.731
One of the areas for which certificates were allocated is the historically highly contested
Muyako village which for years has been at the center of the long-running feud between
the Mafwe and Masubia communities. In 1994 the heightened Mafwe-Masubia tensions
culminated in a historic accord in which the two tribes agreed to recognize and respect
each other’s authorities and coexist peacefully.
However, during the 2006 period of reporting and shortly before former President
Nujoma stepped down as Namibian Head of State, these inter-tribal tensions assumed
new heights following a controversial decision by the pro-Nujoma Council of Traditional
Leaders (CTL) to recognize the Masubia Traditional Authority’s jurisdiction over
Muyako village which infuriated the rival Mafwe people. The Mafwe people disputed the
CTL decision and in 2007 they approached the High Court to seek its nullification.
730
“Karas Pleads for Greater Inclusion”, New Era online, Thursday, July 24 2008
731
“Leaseholds fuel tribal flames”, New Era online, May 12 2008
228
3.3. INTRA-ETHNIC DAMARA CONFLICT
The intra-ethnic tensions and rivalry within the Damara community also continued during
the period under reporting. At the center of these tensions has been the deliberate GoN
recognition of certain Damara traditional Leaders who are politically opposed to Damara
King Justus Garoeb as an apparent divide-and-rule strategy and or as punishment for
supporting Opposition political parties as well as any other politically corrupt practices
during the Nujoma era.
3.4. INTRA-ETHNIC HERERO RIVALRY
As in several other cases, the intra-ethnic tensions and rivalry within the Ovaherero
people also continued during the period under reporting. At the center of these tensions
has been the deliberate GoN non-recognition of certain OvaHerero traditional Leaders as
an apparent divide-and-rule strategy and or as punishment for supporting Opposition
political parties as well as any other politically corrupt practices during the Nujoma era.
3.5. INTRA-TRIBAL OVAMBANDERU TENSION
The Human Rights Organization also remained concerned about the ongoing conflict
between two factions of the OvaMbanderu community. This vicious intra-tribal conflict
has been rotating around the issue of the succession for the aging and ailing
OvaMbanderu Paramount Chief Munjuku II Nguvaua and has been ongoing for several
years between two factions in the OvaMbanderu community.
After Chief Munjuku II Nguvauva’s demise on January 16 2008, this intra-tribal tension
nearly led to physical conflict during August with the two rival factions poised to install
the next supreme traditional leader of the OvaMbanderu people. Two rival sons of the late
Chief Munjuku Nguvauva II, Deputy Fisheries and Marine Resources Minister Kilus
Nguvauva and his younger step brother Keharanjo Nguvauva, each claimed to be
legitimate successor of their late father. On August 9 2008 the Concerned Group, which is
one of the two rival factions, with GoN connivance or acquiescence, installed Keharanjo
229
II Nguvauva (23) as Paramount Chief of the OvaMbanderu people. In the meantime, the
intra-ethnic conflict over the issue of succession continues unabated.
3.6. INTER-ETHNIC KWANGALI VS. OBAMBO TENSION
The inter-ethnic conflict between Ovambo and Kwangali communities revolve around a
grazing dispute, which some observers blame on the Nujoma regime.732According to a
report in the GoN funded and pro-Nujoma New Era newspaper, the inter-ethnic tension
between local ethnic Kwangali and the evicted Oshiwambo-speaking farmers “has
reached new heights, with locals threatening to poison wells, which could result in the
loss of thousands of animals”.
New Era said it has learned that since the evicted farmers have defied a court eviction
order and started moving back into the Ukwangali area, local people “are contemplating
drastic action against the intruders to teach them a lesson”. Ukwangali Traditional
Authority Secretary Abisai Namwira reportedly expressed fears that the situation could
turn into a serious conflict as certain ethnic Kwangali have threatened to take “serious
action against the intruders such as poisoning their water points”.
Alarmed by the threats, NamPol Inspector General Sebastian Ndeitunga on June 17 2008
reportedly called on local ethnic Kwangalis “not to take the law into their own hands”. Lt-
General Ndeitunga warned that poisoning waterholes is “a serious” felony and that
“locals should not even think about it”.733
3.7. INTER-TRIBAL KAOKO vs. OVAMBO TENSION
NSHR remains also concerned about the ongoing tension between Ovambo and Kaoko
communities in the Kunene Region. These tensions are caused by inter alia allegations of
encroachment and or land grabbing by ethnic Ovambo people in certain areas under the
jurisdiction of the OvaHimba and OvaZemba communities in the former Kaokoland
732
During the previons and present period under several observers and politicians have directly accused Nujoma of
deliberately fomenting and or exploiting intra-tribal and inter ethnic tensions for personal political gain
733
“Tension Flares in Kavango”, New Era online, Wednesday, June 18 2008
230
district of the Kunene Region. Gerrymandering of certain constituencies in order to give
electoral advantage to the ruling Swapo Party has also contributed to ethnic tensions
which threaten the right to community security for certain groups in the country.
3.8. INTRA-TRIBAL OVAKWANYAMA AND NDONGA TRIBES
During the period under reporting NSHR remains concerned about allegations of
discrimination against ethnic OvaKwanyama as well as simmering tensions between
Ondonga and Oukwanyama tribal authorities over the jurisdiction of certain villages
between the communal areas of these two main Ovambo tribes.734 In the recent past
several attempts by Ondonga Traditional Authority to install an Ondonga senior
traditional councilor at a village falling under Oukwanyama jurisdiction exacerbated this
potentially dangerous dispute which remains unresolved.735
This conflict flared up on or around March 14 2004 after then President Sam Nujoma
“politically pressurized” the late OvaKwanyama King Cornelius Shelungu into signing an
agreement ceding certain areas falling under OTA jurisdiction to the Ondonga Traditional
Authority. In a media statement on or around March 8 2005, OTA repudiated the
agreement as “tricks and machination aimed at depriving Oukwanyama people of their
traditional inheritance”.736
3.9. HAMBUKUSHU-KXOE SAN CONFLICT
NSHR also remains concerned about the festering ethnic tensions between the
Hambukushu and Kxoe San tribes in Western Caprivi and Eastern Kavango regions
which also continued during the period under reporting. The two tribes have been at
loggerheads for many years due to claims by pro-Swapo Party Hambukushu Chief
Erwin Munika Mbambo that the San falls under his jurisdiction.
734
“Tribal conflict erupts in Ohangwena Region”, The Namibian online, Wednesday, October 13 2004
735
“Tribal conflict unresolved”, New Era online, October 14 2004 and ”Nujoma meeting with chiefs called off”, The
Namibian online, Friday, February 25 2005
736
“Oukwanyama Traditional Authority states its position on border dispute”, The Namibian online, Tuesday, March 8
2005
231
The Kxoe San disputes this claim and asserts that they are a totally distinct cultural tribe
with a totally different culture and, as such, they are entitled to recognition of their own
traditional authority. Prior to Namibian independence, then Swapo Party President has
accused the Kxoe San people of collaborating with SADF forces against Namibian
liberation forces. Nujoma’s administration has repeatedly withheld recognition of the
Kxoe San traditional authority.
III. HRV STATISTICAL LEGEND 2008
As described in greater details under Chapter II (B) above, several threats to the right to
political security have occurred during the period under review. Below are statistical
graphics on the state of the right to political security in the country between September
2007 and October 2008. These graphics reflect the various cases of human rights
violations, including summary executions, other killings, torture, arbitrary deprivation of
liberty, abuse of power and exile, disappearances and disrespect for the rule of law,
discrimination and deprivation of fundamental freedoms:
40
35
30
1999
2000
25 2001
2002
20 2003
2004
2005
15 2006
2007
10 2008
5
0
Summary Executions or Threats of Execution
232
30
25
1999
20 2000
2001
2002
2003
15
2004
2005
2006
10 2007
2008
0
Other Killings Or Threats of Killing
20
18
16
14
1999
2000
12 2001
2002
10 2003
2004
2005
8
2006
2007
6 2008
0
Torture & Other Inhuman Treatment
233
14
12
10
8 2005
2006
2007
6 2008
0
Arbitrary Deprivation of Liberty
30
25
20 19 9 9
2000
2001
2002
15 2003
2004
2005
2006
10 2007
2008
0
Abuse of Power & Exile
234
12
10
1999
2000
8 2001
2002
6 2003
2004
2005
4
2006
2007
2 2008
0
Freedom Enforced Disappearances
18
16
14
12
2003
10 2004
2005
2006
8
2007
2008
6
0
Disrespect for the Rule of Law - Corrupt Practices
235
30
25
1999
20 2000
2001
2002
15 2003
2004
2005
2006
10 2007
2008
0
Disrespect for the Rule of Law - Right To Fair & Public Trial
2.5
2 1999
2000
2001
2002
1.5
2003
2004
2005
1 2006
2007
2008
0.5
Right to Privacy
236
35
30
25 1999
2000
2001
20 2002
2003
2004
15 2005
2006
2007
10 2008
0
Freedom from Discrimination
60
50
40
19 9 9
2000
2001
30 2002
2003
2004
2005
20 2006
2007
2008
10
0
Freedom of Opinion & Expression
237
35
30
25
1999
2000
2001
20 2002
2003
2004
15 2005
2006
2007
10 2008
0
Freedom of Association
3.5
3 1999
2000
2.5 2001
2002
2 2003
2004
2005
1.5
2006
2007
1 2008
0.5
0
Freedom of Assem bly
238
4
3.5
3
1999
2.5 2000
2001
2002
2 2003
2004
2005
1.5 2006
2007
2008
1
0.5
0
Freedom of Movem ent
5
19 9 9
2000
4 2001
2002
2003
2004
3
2005
2006
2007
2
2008
0
Freedom of Religion
239
IV. IMPACT MONITORING INDICATORS 2008
In addition to its proactive human rights monitoring operations, NSHR also carried out
several other human rights activities during the period under review. These activities
included civic education programs and training as well as rendering of vital services to
the various categories of the Human Rights Organization’s beneficiaries. The impact of
these services is evaluated by means of special impact monitoring indicators, including:
1. VISITORS’ REGISTER DATABASE (VRD) 2008
A total of 13 788 people visited the Organization’s Head Office in Windhoek and the six
RMOs in the Caprivi, Hardap, Kavango, Kunene, Ohangwena and Oshana regions of the
country [(vide Fig.1.1 Combined VRD Reference Table, infra)]. This figure, which is by
4139 persons less than the 17 927 people who had knocked at NSHR’s doors during the
previous period of reporting, is inter alia attributed to the closure for at least three months
of the Organization’s Oshakati RMO due to heavy flooding in the Cuvelai delta basin.
OFFICES MEDIA STAFF POLIC SUMMONS FLAGS OTHER FRIENDS TOTAL

MEMBER E
S
Head office 618 159 17 246 7 294 3 329 4 670

Caprivi
RMO 214 21 0 0 0 0 728 963
Eenhana
CEAC 29 249 202 155 43 26 1 161 1 865
Mariental
RMO 2 0 5 52 2 5 1 006 1 072
Oshakati
RMO 185 130 85 217 2 52 749 1 420
Opuwo
RMO 7 59 23 62 0 17 2 112 2 280
Rundu 278 103 0 5 0 8 1 124 1 518

RMO
TOTAL 1 333 721 332 737 54 402 10 209 13 788

Fig.1.1. Combined VRD Reference Table
240
From F.1.1 supra it becomes clear that all the slightly more than 10 200 visitors to all
NSHR offices countrywide said their friends informed them about the services the
Organization renders to the general public. Slightly more than 1 330 and 330 visitors to
NSHR offices throughout the country learned about the Organization from the media and
the Police, respectively, while additional 721 and 737 individuals said NSHR staff
members informed them and because they were summoned, respectively. Only 54 of the
total of 13 788 people who visited the Organization during the period under review said
that flags alerted them to NSHR offices countrywide.
COMBINED VRD REFERENCE: OCTOBER 01.2007-OCTOBER 31.2008

TOTAL NUMBER OF PEOPLE POLLED: 13 788
Media
10% Media
Staff Members
5% Staff Members
Police Police
2%
Summons Summons
5%
Flags
Flags
0%
Others
Others Friends
3%
Friends
75%
Fig: 1.2: Combined VRD Reference Pie
According to the Combined VRD Reference Pie [(see Fig.1.2. supra)], 75 percent of the
total of 13 788 persons who visited NSHR offices countrywide said they learned about
the Organization from friends or relatives.
Only 10 percent said that they learned about NSHR in the media. An additional 5 and 2
percent said NSHR staff members and Police officers, respectively, referred them to the
Organization’s offices. Another 5 percent of all visitors said they were summoned.
241
2. RENDERING OF PARALEGAL SERVICES
OFFICES SOCIAL MTNCE LABOR REFUGE GENERAL TOTAL TELEPHO GRAND

DISPUTES CASES CASES E CASES CASES CASES NE CASES TOTAL
Head
Office 77 31 646 9 320 1 083 2 794 3 877
Caprivi
RMO 0 2 11 0 381 394 4 398
Eenhana
RMO 26 4 168 0 154 352 231 583
Mariental
RMO 2 22 561 0 89 674 179 853
Opuwo
RMO 151 9 113 0 60 333 117 450
Oshakati
RMO 169 7 120 1 93 390 870 1 260
Rundu
RMO 4 7 14 0 104 129 117 246
TOTAL 429 82 1 633 10 1 201 3 355 4 312 7 667

Fig: 2.1. Combined Office PCD Table
According to the PCD figures [(see Fig: 2.1. Combined Office PCD Table supra)],
slightly more than 3 350 [3 570] aggrieved persons visited NSHR offices countrywide
with complaints relating to social (i.e. interpersonal) disputes, child maintenance, labor
disputes and refugee problems as well as general grievance cases. Another 4 312 [5 027]
citizens and non-citizens alike phoned the Organization nationally for legal and other
advices about their rights and responsibilities during the same period [(also see Fig.2.1
Combined Office PCD Table supra)].
COMBINED PARALEGAL CASES-2008

ALL OFFICES: CASES HANDLED: 7 667
Social Disputes
6%
Maintenance Cases
1%
Labor Cases
21% Social
Disputes
Maintenance
Cases
Labor Cases
Refugee Cases
Telephone Cases 0% Refugee
56% Cases
General
Cases
Telephone
General Cases Cases
16%
Fig.2.2. Combined PCD Pie
242
The cumulative decline by slightly more than 220 cases can be attributed to the closure
for at least three months of Oshakati RMO due to heavy flooding in the Oshana,
Oshikoto and Omusati regions. According to the additional VOAR figures [(vide
Figs.3.1-3.7 VOAR cakes, infra)], the country experienced an average unemployment
rate of 61 percent.
2.3. Comparative PCD Case Analysis
NATURE OF CASES CASES CASES TOTAL NO.

RESOLVED UNRESOLVED OF CASES
Social Disputes 289 140 429
Maintenance Cases 66 16 82
Labor Cases 1247 386 1633
Refugee Cases 10 0 10
General Cases 890 311 1201
TOTAL: 2 502 853 3 355
Fig. 2.3.1 Comparative PCD Analysis Table
3. CIVIC EDUCATION PROGRAMS 2008
NSHR’s civic education and other awareness-creation activities, such as crash courses,
workshops, radio phone-in programs and letters to the editor played a significantly
major role in the increase in inter alia the quantity and quality of informed and active
citizen participation in general public affairs as envisaged under of NC.737A total of 19
413 civic education publications have been distributed countrywide during the period
being reviewed [vide Fig.4.1. Table: Combined PDD Indicator, infra)].
OFFICE AFRIKAANS ENGLISH HERERO OSHIWAMBO SILOZI RUKWANGALI TOTAL

Head
Office 1 488 3 925 0 1 107 154 259 6 933
Caprivi
RMO 0 348 0 0 1137 0 1 485
Eenhana
CEAC 0 260 59 499 0 25 843
Mariental
RMO 2 038 1 846 21 1 627 68 835 6 435
Opuwo
RMO 139 696 0 380 7 2 1 224
Oshakati
737
Articles 17, 21 and 95(k) of NC
243
RMO 0 1 656 1 2 308 0 0 3 965
Rundu
RMO 49 1 031 0 118 61 859 2 118
TOTAL 3 714 9 762 81 6 039 1 427 1 980 23 003

Fig.4.1. Table: Combined PDD Indicator Table
English-speakers received the largest quantity, i.e. 9 762 [8 897] or 47 percent of all the
civic education materials, followed by Oshiwambo and Afrikaans language speakers
with 6 039 and 3 714 or 28 percent and 21 percent of the said materials, respectively,
[(vide Fig.4.1 Combined PDD Table supra and Fig 4.2 Combined PDD Pie infra)].
With a total of 6 933 [7 497] or 38 percent of all materials, the Head Office distributed
the largest number of civic education series. This is followed by Mariental RMO,
Oshakati RMO and Rundu RMO with 6 435, 3 965 and 2 118 materials, respectively.
Fig.4.1 also suggests that only the Mariental RMO had rendered services to speakers of
all the six languages in which the civic education materials have been produced.
PUBLICATIONS DISTRIBUTION DATABASE - 2008

TOTAL NUMBER OF BOOKS DISTRIBUTED: 23 003
9%
16%
6%
Afrikaans
English
Herero
26% Oshiwambo
SiLozi
Rukwangali
43%
0%
Fig.4.2. Combined PDD Pie
244
4. INDIVIDUAL OFFICE VOAR INDICATORS
NSHR advocates due recognition of all cultural, economic, environmental and social
rights of everyone. Hence, the main objective of this database is to assess the opinions of
visitors with regard to the cultural, economic, environmental and social rights situation in
the country over a period of time.
The VOAR database lists the name of visitor, the level of education of the visitor and the
“biggest” socio-economic problem(s) in the visitor’s area of residence as well as by
whom and or how the visitor believes or expects these problem(s) should be resolved.
VISITOR'S OPINION ASSESMENT REGISTER (VOAR) - 01.10.2007- 31.10.2008

HEAD OFFICE: NUMBER OF PEOPLE POLLED: 906
No Problem Others Unemployment

Alcohol Abuse 3% 6%
Noise pollution 1%
Poverty
1%
Sanitation
Water and
1% Electricity
Housing Crime
1%
Crime Housing
1%
Sanitation
Noise pollution
18%
Alcohol Abuse
No Problem
Poverty
Others
0%
Unemployment
68%
Fig.3.1. Head Office
245
VISITOR'S OPINION ASSESMENT REGISTER (VOAR) 01.10.2007 - 31.10.2008
CAPRIVI RMO: NUMBER OF PEOPLE POLLED: 256
Others
Sanitation 13%
1%
1%
Lack Roads
Water & Electricity
3%
Water &
Electricity
Lack Roads
5% Poverty
Sanitation
Others
Unemployment
77%
Fig.3.2. Caprivi RMO
VISITORS OPINION ASSESMENT REGISTER (VOAR) 01.10.2007 - 31.10.2008

EENHANA CEAC: NUMBER OF PEOPLE POLLED: 364
Lack of Schools Others

1% 11%
Unemployment
Lack of clinics & Health
Centres Water & Electricity
3%
Poverty
Poverty Lack of clinics &

8% Health Centres
Lack of Schools
Others
Unemployment
60%
Water & Electricity
17%
Fig.3.3. Eenhana CEAC
246
VISITORS OPINION ASSESMENT REGISTER (VOAR) 01.10.2007 -31.10.2008
MARIENTAL RMO: NUMBER OF PEOPLE POLLED: 370
Others
5%
Sanitation Unemployment
21%
Crime
Poverty
Water &
Electricity
Water & Electricity
4% Sanitation
Others
Poverty
2% Unemployment
61%
Crime
7%
Fig.3.4. Mariental RMO

OPUWO RMO: TOTAL NUMBER POLLED: 278
Other Unemployment
6% 45%
Unemployment
Water & Electricity
Drought
27%
Poverty
No Problem
Water & Electricity
Other
No Problem
9%
Poverty Drought
6% 7%
Fig.3.5. Opuwo RMO
247
OSHAKATI RMO: NUMBER OF PEOPLE POLLED: 174
Others
11%
No Problem
10%
Unemployed
Water &
Electricity
Water & Electricity No Problem
9% Others
Unemployed
70%
Fig.3.6. Oshakati RMO

RUNDU RMO: NUMBER OF PEOPLE POLLED: 154
Others
19%
Unemployment
33%
Unemployment
No Problem Poverty
7%
Water & Electricity
No Problem
Water & Electricity
Others
2%
Poverty
39%
Fig.3.7. Rundu RMO
248
VISITOR'S OPINION ASSESMENT REGISTER (VOAR) 01.10.2007-31.10.2008
ALL OFFICES: NUMBER OF PEOPLE POLLED: 2 602
Lack of Roads Drought No Problem Others

Lack of Schools
0% 1% 3% 8% Unemployment
0%
Lack of Clinics & Health Poverty
Centres Water and Electricity
1%
Crime
Alcohol Abuse
0% Housing
Noise pollution Sanitation
0%
Noise pollution
Sanitation
3% Alcohol Abuse
Housing Lack of Clinics &

Health Centres
0% Lack of Schools
Crime Lack of Roads
2%
Drought
12% No Problem
Others
9% 61%
Fig.3.8. Combined VOAR Pie
V. MEDIA AND NAMIBIA HR REPORT 2007
As in past cases the Namibia Human Rights Report 2007 also enjoyed extensive and
prominent coverage in both local and international media. Some of the media reports are
reprinted hereunder in full with only minor typographic corrections, including:
NSHR SAYS STATE OF THE ECONOMY DETERIORATING738
The National Society for Human Rights’ (NSHR) was this week accusing the government
of not fulfilling its economical development promises citing the continual deterioration of
the country’s economy. Presenting the organization’s 2007 annual report, Executive
Director Phil ya Nangoloh said the overall human rights situation in the country had not
materially improved from the life-threatening situation that prevailed from independence.
738
http://www.economist.com.na/content/view/2253/53/
249
“There were promises of free education, free health but all this are just empty promises,”
he said.
However, the host of socio-economic injustices, civil and political problems continues to
affect the country’s economy, he added. “Runaway crime, pervasive violence and sex
trade as well as alcohol and drug abuse have also remained seemingly indelible foot prints
of the continuous worsening,” read the report. Ya Nangoloh said Namibia's chances of
attaining the United Nations Millennium Development Goals (MDGs) were nil.
He went on to list other problems facing the country including corruption, administrative
deficiency among government ministries, rural-urban immigration, income disparities,
unemployment, theatrical price hikes, deforestation as well as homeless that results in
many people being evicted from their houses.” We also have an unfavorable and
uncompetitive investment regime marked by dubious investment companies. Today you
see this company doing this, tomorrow is another one and the after is another one, so
people do not know what is what,” he said.
UNEMPLOYMENT THE BIG TEST – NSHR REPORT739
The overall human rights situation in the country has not “materially” improved from the
“life-threatening” situation of the previous year, reported NSHR yesterday. Launching its
Human Rights Report 2007 – covering the period August 1 2006 to September this year –
the organization said the period was characterized by a host of socio-economic injustices
and civil and political problems. It highlights the combined VOAR of Namibians polled
in Windhoek, Katima Mulilo, Eenhana, Mariental, Opuwo, Oshakati, and Rundu.
According to the outcome of the poll, unemployment is considered the biggest national
challenge, followed by poverty and a lack of access to water. “The state of affairs is
incompatible with the numerous largely unfulfilled promises, which the ruling elite made
upon the achievement of Namibian independence and statehood 17 years ago,” states the
739
“Unemployment the Big Test – NSHR Report”, New Era online, November 14 2007
250
report, adding that the probability of achieving the 2000 UN Millennium Development
Goals appears to be “extremely remote”.
Since the beginning of this year, said NSHR, there have been persistent reports of
widening socio-political divisions and ostensibly unbridgeable rifts in both the ruling
SWAPO Party and the main opposition party, CoD.
“An invidious leadership crisis beleaguered the nation as confusion raged on about the
real Head of State and the Government. This state of affairs resulted in a virtual bogging
down of the entire Government’s administrative machinery,” criticized NSHR.
The root causes for the “ever-deteriorating” cultural, economic, environmental and social
rights (CEESRs), said the report, is due to administrative deficiencies and incompetence,
a faltering decentralization process, and corruption and mismanagement. Another factor
aggravating the situation, said NSHR, is an uncompetitive investment regime, marked by
“dubious investment companies and questionable financial dealings”. “A poor work ethic,
restrictive labor regulations and a poorly educated workforce, as well as corruption were
but a few of the contributing factors to Namibia’s plummeting five places down the
global economic competitive rankings,” said the report.
Moreover, it said a general consensus is that the Namibian Government remains one of
the world’s worst inequitable distributors of income, that rising banking interest rates and
escalating fuel prices and corresponding increases in bulk prices of water and electricity,
further mar Namibia’s human rights landscape.
The organization bemoaned the unemployment situation despite the country having been
classified as a middle-income country. It said that political intolerance from a small die-
hard group of supporters of former President Sam Nujoma has similarly qualitatively and
quantitatively increased dramatically. This situation has manifested itself through
frequent attacks on freedom of expression and opinion and the issuance of death threats
directed at NSHR and its director, Phil ya Nangoloh, following the submission made to
251
the International Criminal Court (ICC). Conversely, said NSHR, the frequency of other
civil and political rights violations have decreased considerably.
During the period of review, at least six discrete incidents and situations of summary
executions – referring to actual politically motivated or attempted persecution against any
person or group – remain unresolved. It said that there had not been any investigations to
account for incidents of extra-judicial executions with the 1999 to 2001 armed conflicts in
the Ohangwena, Kavango and Caprivi Regions.
It enumerated 11 incidents or situations of “deprivation of life” – which includes hate

crimes, incitement to public violence, hate expression, veiled and/or overt death threats or
actual killings – blaming the Swapo Party for eight of such incidents. Similarly, 15 non-
politically motivated killings were observed during the period, and 10 incidents of torture
were recorded.
According to NSHR, the Namibian Police, and one by the Corrections and Prison
Services committed six acts of torture. Another three involving rape, Spartan detention
conditions and servitude for the San people were also recorded.
It further said that NamPol was responsible for 14 cases of arbitrary deprivation of liberty
– referring to short or prolonged deprivation of freedom of movement or the ability to do
something freely. Two of these cases relate to the Caprivi high treason trialists, and one
involved the case of US citizen Norman Escoffrey who was incarcerated for 18 months
without charge, and the arrest and detention of a traditional leader in the Oshikango area.
It recommended that founding father of the nation Dr Sam Nujoma should retire “entirely
and completely” from active partisan politics for Namibia to move forward.
It further said the country should be administered in accordance with the provisions of the
Namibian Constitution instead of the Swapo Party Election Manifesto of 2004. As a last
note, it stated that the Anti-Corruption Commission should tackle “big fish” corruption to
regain credibility.
END
252

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NAMIBIA:

WINDHOEK NAMIBIA DECEMBER 17 2008

“If you believe in freedom of speech, you believe in freedom of speech

“The price of liberty is eternal vigilance”

National Society for Human Rights

ACC Anti-Corruption Commission

Secondly, GoN is under national obligation to adopt specific legislative, judicial,

Thirdly, administrative bodies and administrative officials are constitutionally required to

II. GENERAL STATE OF HUMAN SECURITY

A. STATE OF ECONOMIC SECURITY

1. RIGHT TO ECONOMIC SECURITY

The right to education is an indispensable means of realizing other human rights. As an

In terms of ICESCR,16 GoN is obligated to provide available, accessible, acceptable and

VISITOR'S OPINION ASSESMENT REGISTER (VOAR) 01.10.2007-31.10.2008

Lack of Roads Drought No Problem Others

Housing Lack of Clinics &

Fig.1.7.1. Combined VOAR Pie

1.3. RIGHT TO SOCIAL SECURITY

Income poverty exacerbated by high rates of unemployment, insufficient economic

3. RIGHT TO HEALTH SECURITY

Moreover, on February 6 2008, MoHSS Minister Dr. Richard Kamwi declared TB “a

Multidrug-resistant TB (MDR-TB) cases have also been on the increase, caused by

4. RIGHT TO ENVIRONMENTAL SECURITY

Speaking at a symposium on climate change, MET Minister Netumbo Nandi-Ndaitwah

5. RIGHT TO ADEQUATE HOUSING & SANITATION

1. RIGHT TO PERSONAL SECURITY

1.1.1.1. MURDER PER SE

Factors contributing to abortion include socio-economic problems. According to a retired

1.1.1.4. BABY DUMPING

1.1.2. ARMED ROBBERY

1.1.5. DOMESTIC VIOLENCE

1.1.6. SOCIETAL VIOLENCE

1.1.7. HUMAN TRAFFICKING

Human trafficking refers to the recruitment, transport, transfer, harboring, or receipt of

In September 2008 Zambian researcher Merab Kambamu Kiremire presented a paper

2. RIGHT TO POLITICAL SECURITY

2.1. FALTERING DEMOCRATIZATION PROCESS

Democratization is defined as transition from an autocratic, totalitarian, authoritarian or a

2.1.1. Autocracy and Totalitarianism

Autocracy refers to an exclusionist government in which one person has uncontrolled or

Authoritarian tendencies have been manifesting themselves in Namibia since

2.1.2. Personalized Rule

2.1.3. Personality Cult Politics and Idolatry

In a apparent reference to the idolization of Nujoma, DPN interim President Salomon

Speaking at a consultative meeting on poverty in Tanzania on March 24 2006 ELCRN

2.1.4. Failed Transformation

2.1.5. Lack of Transitional Justice

Following a period of pervasive human rights violations, transitional justice is a victim-

2.1.6. Failure to Forge Common Loyalty to Single State

2.1.7. Culture of Entitlement

A culture of entitlement is a social construct where individuals unfairly demand to receive

2.1.8. Patronage and Subservience

Patronage refers to a socio-political system marked by patron-client relationship as well

2.1.9. Ownership of State

Ownership of the State refers to a political situation whereby the decision-making is

2.1.10. Cronyism and Jobs for Comrades

On October 2 2004 Nujoma reportedly shocked Swapo Party delegates to an electoral

2.1.11. Perfunctory Elections and Predictable Results

Another indicator of Namibia’s faltering democratization process has been the

On June 1 2004 Ongwediva residents held a peaceful demonstration to condemn the

2.1.12. Hesitant Decentralization Process

Furthermore, under real decentralization citizens actively participate, directly or indirectly

De-concentration, on the other hand, is merely shifting responsibilities to one’s

In terms of the Decentralization Enabling Act 2000 (Act 33 of 2000), decentralization is a