Namibia has been a constitutional republic since gaining independence in 1990. The constitution established a sovereign, independent, democratic, and unitary state with its own institutions and a separation of powers. Despite subsequent amendments, the country remains the same Republic of Namibia. This raises questions about what is meant by the term "new era" in the context of the country's eighth administration, led by President Netumbo Nandi-Ndaitwah, who took office on March 21, 2025.
The distinction between the republic and the government is crucial in understanding Namibia's transition. The republic refers to the permanent institutions of the state, while the government is a temporary entity that changes with each administration. A new president, government, or national assembly may bring changes in leadership or policy, but these do not necessarily constitute a new era. Institutional transformation is required for a new era to begin, characterized by changes in the functioning of institutions and the experience of citizens.
Namibia's history as a liberated nation adds complexity to this discussion. The Swapo Party played a central role in the national liberation struggle and became the principal governing force after independence. However, this historical legitimacy must be distinguished from the constitutional legitimacy of the state. The independent republic belongs to its citizens, not the liberation movement or any political party. This distinction is essential in ensuring that the state remains strong and institutions endure beyond changes in government.
The transition from liberation to constitutionalism is a significant challenge for Namibia. During the liberation struggle, the focus was on achieving freedom, while after independence, the concern shifted to governing a free state. A third question, equally important, is how to ensure that the free state does not become a permanent extension of those who won freedom. Constitutionalism provides a framework for addressing this challenge, creating institutional legitimacy that complements historical legitimacy.
A key aspect of constitutionalism is the separation of powers and the distinction between the party, government, and state. In post-liberation societies, a psychological overlap can emerge between the party, government, and state, leading to a blurring of lines. However, constitutionally, these entities are not the same. The nation is greater than the party, and the state is greater than the government. This separation strengthens the state by ensuring that institutions are robust enough to survive changes in government.
The role of the legislature is critical in this context. A legislature is a parliamentary cycle, temporary in nature, while the republic is the constitutional structure of the state, enduring as long as the constitutional order remains. A new legislature does not signify a new republic, and elections do not reinvent the state. The parliamentary majority receives a mandate to govern within the constitution, not to reshape institutions in its image.
The arrival of President Nandi-Ndaitwah marked an important change in Namibia's political leadership, and it is legitimate to expect new priorities and policies from the eighth administration. However, a key concern is whether there will be observable changes in the way power is exercised. Changing the holder of office is one thing; changing the culture of power is another. A new era must produce tangible changes, such as greater merit, accountability, transparency, and efficiency.
Key points
- The distinction between historical legitimacy and constitutional legitimacy is crucial in understanding Namibia's transition to constitutionalism.
- Institutional transformation is required for a new era to begin, characterized by changes in the functioning of institutions and the experience of citizens.
- The separation of powers and the distinction between the party, government, and state are essential in ensuring that the state remains strong and institutions endure beyond changes in government.
