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2007 Assessment

Namibia: Integrity Indicators Scorecard

Namibia: Integrity Scorecard Report > Sub-Category: Executive Accountability
Indicators		Score
23	In law, can citizens sue the government for infringement of their civil rights?	100
24	Can the chief executive be held accountable for his/her actions?	81
25	Is the executive leadership subject to criminal proceedings?	100
26	Are there regulations governing conflicts of interest by the executive branch?	28
27	Can citizens access the asset disclosure records of the heads of state and government?	0
28	In practice, official government functions are kept separate and distinct from the functions of the ruling political party.	25

Indicator and sub-Indicator Details

In law, can citizens sue the government for infringement of their civil rights?

23: In law, can citizens sue the government for infringement of their civil rights?

Score:

YES

Comments:

References: Constitution of the Republic of Namibia, Article 25 (1 - 4), [ LINK ]

Can the chief executive be held accountable for his/her actions?

24a: In practice, the chief executive gives reasons for his/her policy decisions.

Score:

100

Comments: One of the important avenues through which explanations, reasons and justifications can be solicited from Cabinet ministers is the customary parliamentary practice, in terms of which ministers are given at least a week's notice that they are expected to provide feedback on questions posed by the opposition, which in the specific case of Namibia are usually answered during the Thursday afternoon session. There are, however, the following two factors that impede on this practice: first the fact that the ruling party tends to use its two third majority in both houses of Parliament to overrun the opposition; second the members of the executive accounts for more than 60 percent of the National Assembly, resulting in the executive dominance over the legislature.

References: Kaapma P, Blaauw L., Kaakunga E and Zaaruka B, forthcoming, Consolidating Democratic Governance in Southern Africa: Namibia, Johannesburg: Electoral Institute for Southern Africa (EISA)

Tjombe N., Director, Legal Assistance Centre, Friday, Nov. 16, 2007, Windhoek Jauch H., Head: Research and Education, Labour Research & Resources Institute, Friday, Nov. 16, 2007, Windhoek

Maamberua U., Senior Lecturer and Head of the Department of Accounting, Auditing and Taxation, University of Namibia; previously he served as Permanent Secretary of the Ministry of Finance, President of SWANU (a political party) Monday, Nov. 19, 2007, Windhoek

Ndjarakana M., Director of the Namibia Democracy Support Centre, previously served as Secretary to the National Assembly, Dec. 5, 2007, Windhoek

The Namibian Newspaper, Dentlinger L., October 24, 2005 More Questions than Answers in Parliament [ LINK ]

24b: In law, the judiciary can review the actions of the executive.

Score:

YES

Comments:

References: Constitution of the Republic of Namibia, Articles 18 and 25 [ LINK ]

24c: In practice, when necessary, the judiciary reviews the actions of the executive.

Score:

100

Comments:

References: Tjombe N., Director, Legal Assistance Centre, Friday, Nov. 16, 2007, Windhoek Jauch H., Head: Research and Education, Labour Research & Resources Institute, Friday, Nov. 16, 2007, Windhoek

Ndjarakana M., Director of the Namibia Democracy Support Centre, previously served as Secretary to the National Assembly, Dec. 5, 2007, Windhoek

The Namibian Newspaper, Menges W, Angry Judge Quits Case, Jan. 15, 2001 [ LINK ]

The Government of the Republic of Namibia vs Ngeve Raphael Sikunda [ LINK ] court/docs/judgements/criminal/sikunda.pdf

The Namibian Newspaper, Menges W. and Amupathi T, High Court Checks Govt Expulsion Bid, Oct. 25, 2000, [ LINK ]

Peer Review Comments: They do not do so aggressively enough.

24d: In practice, the chief executive limits the use of executive orders for establishing new regulations, policies, or government practices.

Score:

100

Comments: These are also regulated by a number of enabling legislative provisions, as provided for in the context of the specific laws enacted by the legislature.

References: Jauch H., Head: Research and Education, Labour Research & Resources Institute, Friday, Nov. 16, 2007, Windhoek

Tjombe N., Director, Legal Assistance Centre, Friday, Nov. 16, 2007, Windhoek

Ndjarakana M., Director of the Namibia Democracy Support Centre; previously served as Secretary to the National Assembly, Dec. 5, 2007, Windhoek

Is the executive leadership subject to criminal proceedings?

25a: In law, the heads of state and government can be prosecuted for crimes they commit.

Score:

YES

Comments: According to Article 31 (3) , a civil or criminal court shall only have jurisdiction to entertain proceedings against a former president, in respect of acts of commission or omission alleged to have been perpetrated in his or her personal capacity whilst holding office. Moreover, Parliament may also by resolution remove the president from office on the grounds specified in this constitution and if a resolution is adopted by Parliament resolving that any such proceedings are justified in the public interest notwithstanding any damage such proceedings might cause to the dignity of the office of president.

References: Constitution of the Republic of Namibia, Article 31, [ LINK ]

25b: In law, ministerial-level officials can be prosecuted for crimes they commit.

Score:

YES

Comments:

References: There is no explicit legal provision for immunity from prosecution for crimes they happen to commit.

Are there regulations governing conflicts of interest by the executive branch?

26a: In law, the heads of state and government are required to file a regular asset disclosure form.

Score:

YES

Comments:

References: This is based on Cabinet decisions and resolutions.

26b: In law, ministerial-level officials are required to file a regular asset disclosure form.

Score:

YES

Comments:

References: Powers, Privileges and Immunities of Parliament Act 17 of 1996, which applies to some of them in their capacity as legislators.

Specific Cabinet resolutions and/or decisions also apply.

26c: In law, there are regulations governing gifts and hospitality offered to members of the executive branch.

Score:

YES

Comments:

References: There are no specific legal provisions to this effect.

26d: In law, there are requirements for the independent auditing of the executive branch asset disclosure forms (defined here as ministers and heads of state and government).

Score:

YES

Comments:

References: There are no specific legal provisions to this effect.

26e: In law, there are restrictions on heads of state and government and ministers entering the private sector after leaving the government.

Score:

YES

Comments:

References: The law does not have provisions to this effect.

26f: In practice, the regulations restricting post-government private sector employment for heads of state and government and ministers are effective.

Score:

100

Comments: There are no legal provisions to this effect; moreover; the interviewees also cited a number of persons who previously served in the legislature, and who currently occupy high profile positions with wide-ranging interests in the private sectors.

References: Ndjarakana M., Director of the Namibia Democracy Support Centre; previously he served as Secretary to the National Assembly, Dec. 5, 2007, Windhoek

Tjombe N., Director, Legal Assistance Centre, Friday, Nov. 16, 2007, Windhoek Jauch H., Head: Research and Education, Labour Research & Resources Institute, Friday, Nov. 16, 2007, Windhoek

The Namibian Newspaper, April 10, 2000, Rukoro New SANLAM MD, [ LINK ]

26g: In practice, the regulations governing gifts and hospitality offered to members of the executive branch are effective.

Score:

100

Comments: Such regulations do not exist.

References: Ndjarakana M., Director of the Namibia Democracy Support Centre; previously he served as Secretary to the National Assembly, Dec. 5, 2007, Windhoek

Tjombe N., Director, Legal Assistance Centre, Friday, Nov. 16, 2007, Windhoek Jauch H., Head: Research and Education, Labour Research & Resources Institute, Friday, Nov. 16, 2007, Windhoek

26h: In practice, executive branch asset disclosures (defined here as ministers and above) are audited.

Score:

100

Comments: If such auditing is done at all, then it is not open and independent.

References: Ndjarakana M., Director of the Namibia Democracy Support Centre; previously he served as Secretary to the National Assembly, Dec. 5, 2007, Windhoek

Tjombe N., Director, Legal Assistance Centre, Friday, Nov. 16, 2007, Windhoek Jauch H., Head: Research and Education, Labour Research & Resources Institute, Friday, Nov. 16, 2007, Windhoek

Can citizens access the asset disclosure records of the heads of state and government?

27a: In law, citizens can access the asset disclosure records of the heads of state and government.

Score:

YES

Comments:

References: The law does not provide for such disclosures.

27b: In practice, citizens can access the asset disclosure records of the heads of state and government within a reasonable time period.

Score:

100

Comments:

References: Ndjarakana M., Director of the Namibia Democracy Support Centre; previously he served as Secretary to the National Assembly, Dec. 5, 2007, Windhoek

Tjombe N., Director, Legal Assistance Centre, Friday, Nov. 16, 2007, Windhoek Jauch H., Head: Research and Education, Labour Research & Resources Institute, Friday, Nov. 16, 2007, Windhoek

27c: In practice, citizens can access the asset disclosure records of the heads of state and government at a reasonable cost.

Score:

100

Comments:

References: Ndjarakana M., Director of the Namibia Democracy Support Centre; previously he served as Secretary to the National Assembly, Dec. 5, 2007, Windhoek

Tjombe N., Director, Legal Assistance Centre, Friday, Nov. 16, 2007, Windhoek Jauch H., Head: Research and Education, Labour Research & Resources Institute, Friday, Nov. 16, 2007, Windhoek

In practice, official government functions are kept separate and distinct from the functions of the ruling political party.

28: In practice, official government functions are kept separate and distinct from the functions of the ruling political party.

Score:

100

Comments: A classic example to this effect are the campaigns spearheaded by the ruling Swapo Party Youth League (SPYL), calling for the recruitment of party cadres who know the program of the party into top positions. Although there have not been formal indication as to where the government stands in relations to such calls, to some it has been worrying that these campaigns have not been nipped in the buds by those entrusted with the upholding both the constitution and the laws of Namibia.

References: Ndjarakana M., Director of the Namibia Democracy Support Centre; previously he served as Secretary to the National Assembly, Dec. 5, 2007, Windhoek

Tjombe N., Director, Legal Assistance Centre, Friday, Nov. 16, 2007, Windhoek Jauch H., Head: Research and Education, Labour Research & Resources Institute, Friday, Nov. 16, 2007, Windhoek