Why Namibian MPs need legal training
Namibia’s Parliament bears the solemn responsibility of crafting laws that govern our nation. However, concerns are mounting over its ability to effectively fulfil this duty. During the induction and orientation seminar for the eighth Parliament in Windhoek, Affirmative Repositioning leader and lawmaker Prof. Dr. Job Amupanda made a striking observation: Namibia’s Parliament is not fully functional due to a lack of legal capacity.
This statement raises a fundamental question: How can lawmakers legislate effectively if they lack a comprehensive understanding of the legal framework within which they operate? While Parliament comprises professionals from diverse backgrounds - including teachers, nurses, and business leaders - the absence of basic legal training often leads to challenges in legislative interpretation, resulting in weak or problematic laws.
A legislative body without legal knowledge?
Parliament is not merely a forum for political discourse; it is the foundation of Namibia’s legal system. Article 44 of the Namibian Constitution grants the National Assembly the authority to make laws, while Article 63(1) assigns MPs the responsibility to "consider, pass, amend or reject legislation." These duties require more than passion and political will - they demand a functional understanding of constitutional and legislative principles.
Without this knowledge, MPs risk passing laws that are legally flawed, ambiguous, or unconstitutional. Over the years, we have seen instances where legislation had to be amended, struck down, or challenged in court due to poor drafting and insufficient legal scrutiny.
The implications of legal illiteracy in Parliament
Recent legislative processes have highlighted the risks associated with a Parliament lacking legal expertise. Controversial bills such as the Access to Information Act, the Central Procurement Board Amendment Bill, and the Environmental Management Act have exposed significant gaps in legal oversight. Laws intended to bring clarity have instead resulted in confusion, often necessitating judicial intervention.
Furthermore, parliamentary debates are frequently dominated by political rhetoric rather than substantive legal discussions. MPs struggle to critically analyse legislative proposals, leading to an over-reliance on legal advisors - who, while knowledgeable, are unelected and unaccountable to the people.
A call for basic legal training for MPs
While it would be undemocratic to require only lawyers to enter Parliament, it is both reasonable and necessary to ensure that all MPs receive basic legal training. Implementing a "Basic Law for Legislators Programme" - covering Constitutional Law and Human Rights, Legislative Drafting and Interpretation, Parliamentary Procedures and Governance Ethics, as well as Administrative and Contract Law - would equip MPs with essential legal knowledge. Such training would empower them to engage in informed debates, critically assess bills, and uphold Namibia’s constitutional integrity. Parliament must be a space for informed decision-making rather than a revolving door of political rhetoric and uninformed lawmaking.
To the President and Speaker of Parliament: The time for reform is now
If Parliament continues to operate without legal competency, Namibia risks enacting weak, unenforceable, or unconstitutional laws. A legislative body that does not understand the law cannot effectively create it.
Her Excellency President Netumbo Nandi-Ndaitwah and Honourable Speaker of Parliament Saara Kuugongelwa-Amadhila, the need for legal education in Parliament is no longer a matter of debate - it is a national necessity. Strengthening the legal capacity of MPs is not about limiting democracy; it is about ensuring Parliament functions as an effective law-making body.
Would you trust a doctor who never studied medicine? I assume not. Then why entrust lawmaking to those who have never studied law?
*Kalipi Lao-Latate is an independent political observer and youth advocate committed to governance excellence and national progress.
This statement raises a fundamental question: How can lawmakers legislate effectively if they lack a comprehensive understanding of the legal framework within which they operate? While Parliament comprises professionals from diverse backgrounds - including teachers, nurses, and business leaders - the absence of basic legal training often leads to challenges in legislative interpretation, resulting in weak or problematic laws.
A legislative body without legal knowledge?
Parliament is not merely a forum for political discourse; it is the foundation of Namibia’s legal system. Article 44 of the Namibian Constitution grants the National Assembly the authority to make laws, while Article 63(1) assigns MPs the responsibility to "consider, pass, amend or reject legislation." These duties require more than passion and political will - they demand a functional understanding of constitutional and legislative principles.
Without this knowledge, MPs risk passing laws that are legally flawed, ambiguous, or unconstitutional. Over the years, we have seen instances where legislation had to be amended, struck down, or challenged in court due to poor drafting and insufficient legal scrutiny.
The implications of legal illiteracy in Parliament
Recent legislative processes have highlighted the risks associated with a Parliament lacking legal expertise. Controversial bills such as the Access to Information Act, the Central Procurement Board Amendment Bill, and the Environmental Management Act have exposed significant gaps in legal oversight. Laws intended to bring clarity have instead resulted in confusion, often necessitating judicial intervention.
Furthermore, parliamentary debates are frequently dominated by political rhetoric rather than substantive legal discussions. MPs struggle to critically analyse legislative proposals, leading to an over-reliance on legal advisors - who, while knowledgeable, are unelected and unaccountable to the people.
A call for basic legal training for MPs
While it would be undemocratic to require only lawyers to enter Parliament, it is both reasonable and necessary to ensure that all MPs receive basic legal training. Implementing a "Basic Law for Legislators Programme" - covering Constitutional Law and Human Rights, Legislative Drafting and Interpretation, Parliamentary Procedures and Governance Ethics, as well as Administrative and Contract Law - would equip MPs with essential legal knowledge. Such training would empower them to engage in informed debates, critically assess bills, and uphold Namibia’s constitutional integrity. Parliament must be a space for informed decision-making rather than a revolving door of political rhetoric and uninformed lawmaking.
To the President and Speaker of Parliament: The time for reform is now
If Parliament continues to operate without legal competency, Namibia risks enacting weak, unenforceable, or unconstitutional laws. A legislative body that does not understand the law cannot effectively create it.
Her Excellency President Netumbo Nandi-Ndaitwah and Honourable Speaker of Parliament Saara Kuugongelwa-Amadhila, the need for legal education in Parliament is no longer a matter of debate - it is a national necessity. Strengthening the legal capacity of MPs is not about limiting democracy; it is about ensuring Parliament functions as an effective law-making body.
Would you trust a doctor who never studied medicine? I assume not. Then why entrust lawmaking to those who have never studied law?
*Kalipi Lao-Latate is an independent political observer and youth advocate committed to governance excellence and national progress.
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