PRESS RELEASE | 21 January 2020
The Society of Advocates of Namibia (“the Society of Advocates”) has taken note of two media releases issued by the Namibian Defence Force respectively dated 26 November 2019 and 02 December 2019 (jointly, “the media releases”).
Constitutionally, the Namibian Defence Force is established by Act of Parliament, in order to defend the territory and national interests of Namibia. The Namibian Police Force is similarly established by Act of Parliament, in order to secure the internal security of Namibia and to maintain law and order.
These important and distinguishable constitutional mandates must not become blurred. It is not the ordinary function of the Namibian Defence Force to secure the internal security of Namibia or to maintain law and order. The use of the Namibian Defence Force (including any portion or member thereof) for police functions such as the preservation of the internal security of Namibia; the maintenance of law and order; the investigation of any offence or alleged offence; the prevention of crime; and the protection of life and property, can and may only occur as prescribed in terms of the applicable provisions of the Defence Act 1 of 2002 and is, and should not be, the norm.
The November 2019 media release describes the Namibian Defence Force as “the guarantor of national security, sovereignty, peace and stability”. The December 2019 media release contains a similar statement and intimates “an appropriate response from the Namibian Defence Force” in respect of “any unlawful acts of violence which causes loss of or threatens the lives of the Namibian people; destroys government and individuals’ properties, restricts the movements of the Namibian people, and renders government ineffective in the provision of goods and services; threatens the integrity of the State”.
The media releases do not auger well for the maintenance of the distinct mandates of the Namibian Defence Force and the Namibian Police Force. Quite apart from whether or not such press releases are appropriate in the first place, the Namibian Defence Force should remain cognizant of the fact that the Namibian Police Force (which issued no similar press releases at the time) is and remains responsible for securing the internal security of Namibia and maintaining law and order.
Adv. G Narib
President
Society of Advocates of Namibia
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1. The Society of Advocates of Namibia has noted, with deep concern, yet another report in the local news media alleging that a civilian had been shot dead by a member of the Namibian Defence Force engaged in operation “Kalahari Desert”.
2. The Republic of Namibia is established as a sovereign, peaceful and safe democratic State founded upon the principles of democracy, the rule of law and justice for all. The security forces exist and function in this context.
3. Article 118 of the Namibian Constitution established the Namibian Defence Force to defend the territory and national interests of Namibia. Article 115 of the Constitution established the Police Force to secure the internal security of Namibia and to maintain law and order. These discrete functions sanctioned by the Namibian Constitution emphasise that the general objectives of the two forces differ. For this reason, generally soldiers should not be engaged in performing policing duties. This is particularly so, where they use excessive force, including engaging in wrongful shootings, constituting a direct violation by members of the security forces of the human rights of citizens enshrined in our Bill of Rights.
4. The Society of Advocates of Namibia accepts that it cannot rely implicitly on unverified facts published in the media. However, it has come to the attention of the Society in the past months of other similar incidents where allegations have been made that members of the security forces have used excessive force, including the shooting of civilians, whilst conducting crime prevention operations in the country. It is appreciated that the security forces generally have a very difficult time in countering increased criminal conduct, and that the citizens of this country would generally support effective measures being taken by the security forces to combat crime in order to make their neighbourhoods safer. However, this does not detract from the duty of the Society of Advocates of Namibia, in upholding the important values contained in the Namibian Constitution, to speak out against human rights abuses where they occur.
5. It is the Society of Advocates of Namibia’s view that the official response of the Honourable Minister of Defence does not inspire confidence that the Namibian Defence Force has learnt its lessons from this past conduct. The Society also disagrees with the Honourable Minister’s statement that the taking of videos of the Namibian Defence Force members is prohibited. The Society can find no basis in law for this statement.
6. The Society of Advocates of Namibia therefore publically calls upon the Honourable Minister of Defence and the Honourable Minister of Safety and Security to take all steps necessary to ensure that members of the Forces are properly trained, particularly where soldiers are engaged in policing activities. The desired objective is to conduct lawful crime prevention operations with the minimum use of force permitted by law, and that such members be generally sensitized to the sanctity of life.
Adv. AW Corbett, SC
President
Society of Advocates of Namibia
3 October 2019
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