Monograph 108 complete download - Institute for Security Studies

Namibia
33
wished to forget. The alleged secessionists have been in custody without trial
since 1999 and have now been charged with treason and other statutory
offences in terms of existing firearms legislation. This situation is considered
unsatisfactory, hence the need to address domestic terrorism in the proposed Bill
as well as international terrorism as required under the UN Convention and
Resolution 1373.
The absence of such legislation also presented serious law enforcement problems
at the height of Uni„o Nacional para a IndependÍncia Total de Angola (Unita)
incursions into Namibia during the period from 1999 to March 2002, after the
death of Jonas Savimbi. Law enforcement agents and the defence forces often
found themselves without adequate legislative powers to deal with suspected
Unita sympathisers. Where an arrest was made, the suspect had to be brought
before a court within 48 hours in terms of Article 11 of the Constitution. A
criminal charge had to be formulated. It was impossible in many cases to
formulate an appropriate charge and to comply with the Constitution. Many
suspects were thus detained for long periods unlawfully, a situation which has
in the post-conflict period given rise to numerous law suits for unlawful arrest and
detention and claims of torture etc. Thus it is considered important to address
these domestic concerns together with international concerns regarding terrorism.
Because of the broad objectives of the proposed legislation it is expected that
it will take some time before the Bill is tabled in parliament. Fierce resistance
and debate is expected. However, insofar as the mandatory directives contained
in the resolution are concerned, it is expected that these will be fulfilled.
It has been stated above that the Anti-Corruption Bill finally sailed through the
two houses of parliament, the National Assembly and the National Council, on
10 June 2003. 35 It is now awaiting Presidential assent. Its scope is wider than
the common law crimes of bribery. It seeks to criminalise certain acts committed
both in the private and public sectors which are categorised as acts of corruption.
It also seeks to establish an independent anti-corruption commission reporting
to the Prime Minister. This is despite heated and protracted opposition to the
creation of such an independent body, the major argument being that it was
not necessary as it could be placed in the Office of the Ombudsman, since the
Ombudsman has constitutional powers to investigate corruption. The further
argument was that if it was to be truly independent it had to be accountable
directly to parliament.
In terms of mutual assistance in criminal matters, the International Co-operation
in Criminal Matters Act, 2000 (Act 9 of 2000), is already in force. The object of