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At a recent Swapo meeting I was quite astonished. I am German and this was my first time to attend a local party meeting in Namibia.
Ears wide open I listened carefully to what the speaker had to say. There was one sentence that grinded my gears and so now I write about it. “Parliament is only an unimportant institution, it doesn’t have any power. Everyone knows that the party has the power!” Clinton Swartbooi, the speaker, screamed. Cheerfully, party members affirmed that statement. As a neutral visitor to the meeting I was surprised that people could identify with it. Let me put it this way. First of all, is parliament in a democracy not important? I thought it represents one of the three pillars of a democracy, namely the legislature. The other two are the executive and the judiciary. Frenchman Montesquieu was the first to express the need of dividing these powers in 1748. The division is crucial in order to prevent abuse of power and corruption, he wrote. In Germany’s Parliamentary elections, the people vote for a candidate from their region as well as a party of their choice. The candidate with the most votes in the constituency goes to Parliament. As there are more seats in parliament than constituencies, the remaining seats are distributed among the political parties according to the proportion of votes they received nationwide. The Parliament (Bundestag) and the Federal Council (Bundesrat) make up the legislature. The party that obtains at least 50% plus one of the seats in Parliament forms the Government. Usually a coalition is needed to attain this number of seats. The only exception was the election in 1957, when the Christian Democratic Union received 50.2% of the votes. The legislature in Namibia is somehow similar to the German one. There is a National Assembly which is elected according to the proportional vote. Seventy two out of 78 seats in Parliament therefore represent the people’s choice. The remaining six seats are filled according to the president’s choice. As a result they have no right to vote in Parliament. The legislature represents the opinion of the people. It exists in order to fulfill their wishes and needs. This idea is also stated in the name: Republic of Namibia. The word republic derives from the Latin phrase ‘res publica’, which can be translated as ‘public affairs’. This clearly states that YOU, the people, have the power. The politicians work on your behalf. The parliament is therefore made up of different parties elected by the people. In addition to the National Assembly there is the National Council formed by two representatives from each region of the country. The role of the National Council is somehow advisory. Since Swapo has earned the vast majority of the votes in all previous elections, it makes up more than two thirds of Parliament. These two thirds are important since the President’s decisions can be overruled by a two third majority in Parliament. But why would Swapo overrule its own leader? That fact is probably the origin of the statement above. As long as Swapo has a two third majority in Parliament it can do as it pleases. The only institution that can keep the party from abusing power is the Supreme Court. The Supreme Court represents the judicial pillar of the Republic of Namibia. Judges are recommended by the Judicial Service Commission and then appointed by the President. Nevertheless, the President is bound to appoint one of the proposed judges. In Germany the judges of the Supreme Court are elected by the legislature. They can, therefore, be recognised as more independent and representatives of the people. The executive branch in Germany is headed by the President (Bundespraesident). He is the Head of State. Nevertheless, he only has limited powers which are mainly advisory and representative duties. He signs important acts and laws after validating them and travels abroad and gives a broadcasted talk on New Year’s Day. In addition, there is the Government with the Chancellor as Head of Government. The Government includes Ministers, agencies, the police, the army and the Foreign Office. The Chancellor is elected by Parliament and then appointed by the President. The Ministers are named by the Chancellor and also appointed by the President. The Chancellor is the most powerful politician in Germany. But he is answerable to Parliament. On the other hand, in Namibia, the Head of State is at the same time the President. The difference with Germany is that he is the Head of Government as well. He is not elected by Parliament but directly by the people. Another major difference is the fact that he can solemnly dissolve the National Assembly. In Germany, the Chancellor must demand a motion of no confidence. If the result shows, that the ruling party or coalition has lost its confidence in Parliament, the Chancellor dissolves Parliament and call for new elections. I know that there will be elections in November. You will vote in Presidential and National Assembly elections. Right now Swapo has 55 seats in the National Assembly. That is far more than two thirds of the seats. As I mentioned earlier, that gives Swapo the power to solemnly pass laws and watch over Presidential decisions. A two third majority of one party is never good for the democratic process. All the other parties have barely any say in parliamentary affairs. A more equal repartition of votes would enhance the democratic process in Namibia. In Germany, for example, no party has ever obtained a two third majority in Parliament. Even a single majority for one party is extremely unrealistic. Parties need to form coalitions in order to form the Government. I hope that this article shows very clearly that Parliament is not an institution that you can ignore. It was once created for you. It stands for YOU, the people. And the people are not unimportant. To conclude I have to congratulate Namibians on their voter participation. A turnout of 84.4% is unrealistic in German elections. Keep holding that up! Author: Fabian Spengler is an intern from Dortmund, Germany. His interests in journalism are in sport and politics. After his six-week internship with Informanté, Fabian will be returning to Germany to study Law but journalism will remain his lifetime career. |