Niël Terblanché
Minister of Justice, Yvonne Dausab, emphasised the critical need for lawmakers to ensure that laws are clearly translated and understood before they are passed.
She said this during the Commonwealth law reform training workshop in Windhoek, which focuses on enhancing legislative drafting and law reform, and was initiated in response to Dausab’s request for technical assistance from the Commonwealth Secretariat.
Dausab stressed the importance of simplifying legal language to aid in the comprehension of legislative objectives.
“Simplifying law aids in comprehending the objectives of the legislation,” she said while also stressing that clear and understandable laws are essential for the effective implementation of legislative intent and for maintaining public trust in the legal system.
To streamline legislative processes, Dausab proposed the establishment of an annual national legislative agenda.
This agenda would provide lawmakers and drafters with sufficient time to prioritize and develop legislation, ensuring that Namibia’s legislative priorities are clear and well-defined.
Such an approach would facilitate more structured and transparent legislative activities, allowing for better planning and coordination among government departments.
Dausab further suggested that every proposed law be accompanied by a written policy document.
This would help prevent confusion and ensure that the purpose and implications of any new legislation are communicated clearly.
“A written policy accompanying each proposed law would provide the necessary context and clarity, reducing the risk of misinterpretation and ensuring that the objectives of the legislation are understood by all stakeholders,” she said.
The Commonwealth law reform workshop in Windhoek is part of a broader initiative to enhance the capacities and skills of those involved in legislative drafting and law reform.
The Commonwealth Secretariat, which supports the strengthening of rule of law institutions, is providing technical assistance, developing policies and tools, and offering training to improve the effectiveness of legal frameworks across member states.
The training workshop aims to address specific challenges faced by Namibian lawmakers in drafting clear and effective legislation.
It provides a platform for participants to exchange ideas, share best practices, and develop practical skills that will contribute to more coherent and accessible laws.
The Commonwealth Secretariat has been instrumental in supporting law reform initiatives across its member states.
One notable effort is the Commonwealth Latimer House Principles, which guide member countries in promoting good governance, the rule of law, and human rights.
These principles stress the importance of clear and accessible legislation as a cornerstone of democratic governance and the protection of individual rights.
The Commonwealth’s focus on law reform also includes efforts to harmonize laws across member states, facilitating cross-border cooperation and enhancing the effectiveness of legal systems.
Through workshops, technical assistance, and the development of best practice guidelines, the Commonwealth Secretariat plays a vital role in supporting legal reforms that promote justice and equitable governance.
Dausab’s call for clarity in legislation underscores a commitment to creating laws that are not only effective but also accessible to all Namibians.
