Africa-Press – Namibia. THE Society of Advocates of Namibia is considering lodging a complaint with the Law Society of Namibia to investigate the conduct of Landless People’s Movement leader Bernadus Swartbooi.
This is after Swartbooi last week remarked that only lawyers from law firms with political connections to Swapo are appointed as acting judges to the courts.
Swartbooi made the comments in the National Assembly.
In a media statement, the Society of Advocates of Namibia said the purpose of Swartbooi’s surmise was to cause doubt on the integrity of the Judicial Service Commission and the independence of the judiciary.
The society said the remarks by Swartbooi, who is an admitted legal practitioner of the High Court, were reckless and gratuitously made to undermine the public’s confidence in the judiciary.
“The society of advocates encourages and supports active and robust debate, including in parliament, but cautions that debate should not be used to undermine the rule of law,” the statement said.
The society said it remains confident in the independence of the judiciary, and Swartbooi should guard against making statements and allegations – without any facts or basis – that undermine the public’s confidence in public institutions.
“We trust that the members of the public will not simply accept the statements made by Mr Swartbooi at face value without looking into the facts that are within the public domain.”
During the debate on the budget allocation to the Ministry of Justice in the National Assembly, Swartbooi claimed the judiciary is not independent.
“You find that acting judges are appointed from certain law firms because those law firms are connected to Swapo,” he said, while asking his fellow members of parliament, who seemed to disagree with his allegations, whether they were legal practitioners.
To give credence to his claims, Swartbooi said a lawyer who acts as an electoral officer at the Swapo Electoral College would be appointed as acting judge, while an individual close to this lawyer would act as a judge of appeal.
“These are the things we as practitioners have picked up and continue to pick up,” Swartbooi said.
However, lawyer Norman Tjombe, in a media statement on Thursday, said Swartbooi’s statements are “palpably false”.
Tjombe urged Swartbooi and other members of parliament to seek facts or do thorough research when debating policy issues in and outside parliament.
“Otherwise, a mockery is made of the institution of parliament and its most important duty of making laws, passing budget, and keeping accountable the government of the day,” he said.
Tjombe said the Namibian judiciary is independent, and compares even more favourably with most older judiciaries elsewhere.
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