Mutindi Jacobs
In today’s complex and evolving society, the role of law reform is more crucial than ever. It is especially important in Namibia, a country that evolved from a colonial and apartheid dispensation and still carries the weight of outdated and unjust laws that hinder social progress and economic development. As we strive for a more equitable and just society, it is essential that we all become law reformers, advocating for changes that promote positive transformation in the legal system and benefit society as a whole.
What is a law reformer?
A law reformer is an individual or organization that advocates for changes to existing laws or the creation of new laws with the aim of improving the legal system, enhancing justice, and ensuring that laws reflect current societal values and needs.
A law reformer is an agent of change, one who understands that the nature of law is a dynamic interplay between philosophical theories, social constructions, and practical characteristics. In Namibia, the mandate of law reform and development is statutorily vested in the Law Reform and Development Commission (LRDC). The LRDC was created in 1991 with the core mandate of examining existing legislation, undertaking research both domestically and in comparable jurisdictions, and making recommendations for the review, reform, and development of the law where necessary. In addition to this, the LRDC is further mandated to recommend the repeal of outdated and unnecessary laws; provide technical advice and assistance to government Offices, Ministries, and Agencies (OMAs); recommend the enactment of laws that promote human rights; make the law more readily accessible; and conduct public and stakeholder consultations on law reform projects.
Redefining law reformers
While the LRDC has been established as the official body for driving law reform in Namibia, it is essential to recognize that every individual has a role to play in this process. A law reformer embodies the qualities of a patriotic citizen, characterized by a profound sense of love, loyalty, and commitment to their country. This individual actively engages in activities that foster national development, including volunteering, participating in civic responsibilities, contributing to legislative processes, and supporting community initiatives. A law reformer takes an active role in shaping the legal framework and advancing the development of their country.
As a democratic nation founded on the principles of participatory democracy, Article 17 of the Namibian Constitution allows all citizens to participate in the conduct of public affairs directly or through elected representatives. Every Namibian should therefore educate themselves on legislative advocacy and legal matters to effectuate meaningful reforms within the legal system.
The importance of law reform
The significance of legal reform cannot be overstated. Both domestically and internationally, legal reform has led to the abolishment of some of the most heinous laws ever enacted. For instance, the first phase of the LRDC Repeal of Obsolete Laws Project culminated in the enactment of the Repeal of Obsolete Laws Act of 2018, which repealed and amended a total of 143 proclamations, ordinances, and Acts when it was implemented in March 2019. Phase 2 of this project identified an additional 71 discriminatory and outdated legislative measures for repeal, including amendments to principal obsolete statutes. This particular reform initiative was especially significant and resulted in the repeal of various discriminatory laws and practices such as the Natives Minimum Wage Proclamation 1944 (Proclamation No. 1 of 1944), which clearly discriminated based on race and only regulated the wages of “natives” (“non-Europeans”) while excluding other races. Namibia will continue to assert its sovereignty and independence by continuously and consistently reforming its laws. This process allows the nation to develop its own legal identity, free from the influence of colonial powers, and to address its unique challenges and needs. For centuries, the law has been employed to disenfranchise individuals and perpetuate poverty; and it is now time for the same legal framework to be utilized to legislate people out of these same conditions.
The Honorable Yvonne Dausab, Minister of Justice, has consistently articulated that the process of legal reform is lengthy and complex, necessitating public support and comprehension. Further to this, the Minister has made various clarion calls to the public to help identify and report laws that they encounter which are no longer advantageous to the Namibian society.
At an international level, the abolition of slavery in numerous countries represents a significant milestone in law reform. The 13th Amendment to the United States Constitution, ratified in 1865, outlawed slavery and involuntary servitude, thereby laying the groundwork for subsequent civil rights movements. Furthermore, legal reformers played an essential role in advancing women’s suffrage and through relentless advocacy and legal challenges, women achieved equal voting rights in various nations, including the United States and Great Britain.
The Opportunity
Public participation is indispensable for effective law reform, as it leverages the distinctive viewpoints of disadvantaged communities who have firsthand experience with the practical effects and societal implications of certain laws. Recognizing the vital role that everyone plays in the law reform process, it would be most beneficial for Namibia if we all took on the mantle of law reformers, contributing our expertise and perspectives to create more inclusive and effective legal frameworks.
Being a law reformer is not just a role for legal professionals or the LRDC; it is a responsibility for all citizens who care about creating a just and equitable society. By advocating for legal changes that reflect our values and needs, we can build a legal system that promotes social justice, economic development, and national unity. As we move forward, it is essential that we engage in this process with awareness, inclusivity, and a commitment to creating a better future for all.
Call to Action:
- Engage in Public Consultations: Participate in community consultations and provide feedback on proposed legal reforms;
- Educate Yourself: Learn about the Namibian legal system and its impact on society;
- Advocate for Change: Support organizations and initiatives working towards legal reform;
- Promote Inclusivity: Ensure that marginalized voices are heard in the reform process;
Together, we can create a legal system that truly serves the people of Namibia and promotes a brighter future for generations to come.
Mutindi Jacobs is the Acting Deputy Chief: Directorate Law Reform, Policy and Legislation, Ministry of Justice. She writes in her personal capacity.
