Namibia Appoints Female Justices to Supreme Court
Gender equality activists in Namibia have welcomed
the first ever appointment of female justices to the country's supreme court.
The chairperson of the Namibia Women Lawyers
Association, Ruth Herunga, said the appointment of three female judges, a first
since the country gained independence, can be seen as the breaking of a glass
ceiling.
Herunga said although women have gained access to
positions of political power, a significant number of African countries still
lag in the representation of women at the highest levels of the judiciary.
"It is now recognized that the contribution of women
judges worldwide and their active participation at all levels of decision
making is essential to the achievement of equality and democracy. With these
appointments, Namibia also joins the ranks of other countries both on the
continent as well as the world who have in recent times already appointed women
judges to the highest court,” she said.
The country’s minister of justice, Yvonne Dausab,
welcomed the appointments but said more needs to be done in terms of
representation because the top tier leadership at both the Supreme Court and
the High Court are still male dominated.
"We anticipate that over the next few months there
are going to be a lot of cases that involve a variety of issues and also a
variety of people. You want to make sure that the bench reflects those
demographics that people come from so that people have confidence in the
system,” she said.
An all-male bench of the Supreme Court of Namibia
recently overruled a High Court judgment in favor of a same-sex couple who were
seeking citizenship for a child they said was theirs — born through surrogacy
in South Africa.
In that matter, High Court Judge Esi Shimming-Chase
ruled for the child to be granted citizenship, however, the highest court of
appeal overturned that decision.
Shimming-Chase has now been appointed to the Supreme
Court alongside High Court of Namibia Judge Johanna Prinsloo for a period of
one year.
Zimbabwean Constitutional Court Judge Rita Makarau
is the third new Supreme Court judge. Namibia’s legal system allows for judges
from other jurisdictions to serve on the country’s high courts and Supreme
Courts. Namibia, South Africa, Zimbabwe and several other countries in the
Southern African Development Community have similar systems and allow legal
practitioners to work across borders as long as they are registered.
Ndilimeke Auala of the Namibia Institute for
Democracy said these appointments will strike a balance in Supreme Court
judgments.
"Society and our processes only flourish with equal
representation; Now the female judges must be held to the same standard we hold
the male judges, they will be judged by the way they defend the weak in society
and speak truth to power. They have the chance to influence policy to improve [sic]
an equal society,” said Auala.
Rita Makarau’s appointment has been questioned by
opposition parties in Namibia because of her perceived closeness to the ruling
ZANU-PF party of Zimbabwe.
The opposition in Namibia accuses her of being
complicit in the alleged rigging of elections in Zimbabwe.
Female activists however argue that if she was a man
her fitness for the bench would not have been questioned.
VOA
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