Namibia.indb

Transitions in Namibia
Which Changes for Whom?


Edited by Henning Melber


Nordiska afrikaiNsTiTuTeT, uppsala 2007




Indexing terms:
social change
economic change
Cultural change
political development
liberation
decentralization
Gender relations
international relations
economic and social development
post-independence
Namibia


Cover photos: Henning Melber
language checking: peter Colenbrander
© The authors and Nordiska afrikainstitutet 2007
isBN 978-91-7106-582-7
printed in sweden by elanders Gotab aB, stockholm 2007


Cover:
The restored steam tractor outside the coastal town of swakop-


mund was made in Germany and brought to the country in
1896. it should replace ox wagons as a means of transport in the
further colonization of Namibias interior. The 2.8 tons heavy
machine in need of lots of water never managed it through the
sands of the Namib desert. The local colonizers named it after
the German reformer Martin luther, who in 1521 had declared:
Here i stand may God help me. i can not otherwise. Today
a national monument and put behind glass, Namibias Martin
luther remains an early symbol for the failure of grand visions.





Table of Contents


preface & && && && && && && && && && && && && && && && && && & 5


Henning Melber
Transitions in Namibia Namibia in transition
an introductory overview & && && && && && && && && && && & 7


Christopher Saunders
History and the armed struggle
from anti-colonial propaganda to patriotic history? & && 13

Phanuel Kaapama
Commercial land reforms in postcolonial Namibia
What happened to liberation struggle rhetoric? & && && && 29


Herbert Jauch
Between politics and the shop floor
Which way for Namibias labour movement? & && && && & 50


Volker Winterfeldt
liberated economy?
The case of ramatex Textiles Namibia & && && && && && & 65


Gregor Dobler
old ties or new shackles?
China in Namibia & && && && && && && && && && && && && && 94


Henning Melber
poverty, politics, power and privilege
Namibias black economic elite formation & && && && && & 110


Lalli Metsola
out of order?


The margins of Namibian ex-combatant reintegration & & 130


Mattia Fumanti
imagining post-apartheid society and culture
playfulness, officialdom and civility in a youth elite club


in northern Namibia & && && && && && && && && && && && && 153


Graham Hopwood
regional development and decentralisation & && && && && && 173




Wolfgang Zeller / Bennett Kangumu Kangumu
Caprivi under old and new indirect rule
falling off the map or a 19th century dream


come true? & && && && && && && && && && && && && && && && & 190


Dianne Hubbard
ideas about equality in namibian family law & && && && && && 209


Lucy Edwards
HiV/aids in Namibia
Gender, class and feminist theory revisited & && && && && & 230


Suzanne LaFont
decolonising sexuality & && && && && && && && && && && && && & 245


Biographical notes on the authors & && && && && && && && && & 261




preface


This volume on social realities in Namibia completes the liberation
and democracy in southern africa (lidesa) project undertaken at the
Nordic africa institute between 2001 and 2006. The chapters in it mainly
address topical socioeconomic and gender-related issues in contemporary
Namibia and complement the earlier stock-taking publication on Namibian
society that focused on aspects of the countrys socio-political culture since
independence. as before, most of the contributors are either Namibian,
based in Namibia or have undertaken extensive research in the country.
Their interest as scholars and/or civil society activists is guided by a loyalty
characterised not by rhetoric but by empathy with the people. They advo-
cate notions of human rights, social equality and related values and norms
instead of being driven by an ideologically determined party-political
affiliation. Their investigative and analytical endeavours depict a society in
transition, a society that is far from being liberated. Not surprisingly, they
explore the limits to liberation more than its advances.


i wish to thank all the authors for their collaborative commitment to
this project and for their contributions to a necessary debate, which must
take place first and foremost inside Namibia for the best of the country and
its people. Thanks also go to Jeremy silvester and Jan-Bart Gewald, who
again served as external reviewers of the draft manuscripts and added to
the value of the final texts. i am also grateful for the meticulous language
editing so reliably undertaken by peter Colenbrander, for whom this part
of the world is anything but a distant abstraction. i am indebted to Nina
klinge-Nygård, who assisted me over the years in executing my duties at
the Nordic africa institute. special thanks are due to sonja Johansson,
Boël Näslund and karim kerou, among many other supportive colleagues.
They processed the final manuscript in the shortest possible time without
compromising the quality of the product. finally, i extend my heartfelt
gratitude to lennart Wohlgemuth and karl-eric ericsson, director and
deputy director during most of my time as research director at the Nordic
africa institute. They welcomed me from Namibia as part of a team and


1. Henning Melber (ed.), Re-examining Liberation in Namibia. Political Culture since
Independence.
uppsala: Nordic africa institute 2003. for other outputs of the pro-
ject, see the summary report and further bibliographical references accessible on
the institutes website (www.nai.uu.se).







offered me their loyal support and friendship throughout the days we shared
as colleagues.


last but not least, i dedicate my own contribution to this last product of
the lidesa project to my wife susan and my daughter Tulinawa, for their
love and tolerance during all the years of our family life in uppsala (which
at times suffered considerably from my professional commitments); and to
the memory of my brother rainer (195179) and my mother Gretel (1923
2007). They were reunited this very day in the local cemetery between the
atlantic ocean and the dunes of the Namib desert, exactly 56 years after
my brothers birth and 40 years after we first arrived as German emigrants
in this coastal town of then south West africa. Transitions have many faces,
dimensions and meanings.

Henning Melber
swakopmund/Namibia
9 august 2007






Transitions in Namibia Namibia in transition
an introductory overview


Henning Melber


We Africans fought against colonialism and imperialism and successfully overthrew
colonialism and white minority rule to achieve genuine social and economic eman-
cipation.
sam Nujoma in his opening address to the congress of the swapo
Youth league, Windhoek, 17 august 2007.


This statement was made by one who should know better: sam Nujoma, the president
of the national liberation movement sWapo since its establishment in 1960, and
Namibias first head of state, a position he held for three terms from 1990 to 2005. at
the time of publication of this volume, he remained in control of an influential faction
within the swapo party, which, through its political office bearers, has exercised politi-
cal control over the government of the republic of Namibia since independence. after
his retirement from the highest office of the state, Nujomas personal merits earned
him the official title of the founding father of the republic of Namibia. Nonethe-
less, and with due respect to the old man who over almost half a century has clearly
demonstrated an ability to cling to power as a political leader, he has got it wrong
in claiming the above achievements. speaking as a political animal, he either lacks
the analytical grasp of social transition and transformation or (more likely) is merely
showing that a political project and its rhetoric at times display profound ignorance
of social processes (or simply seek to cover up certain class projects by means of such
misleading rhetoric).


The implications of such fabrication of a patriotic history were the main focus of
the volume that preceded this one, which concentrated mainly on the political culture
and ideology cultivated since Namibias independence and its effects on governance
issues and different sectors of society (Melber 2003). The first chapter following the
introduction to this second volume serves as a kind of link to these socio-political
and ideological dimensions of the Namibian nation-building project. it shows how
the liberators use their power of definition in a hegemonic public discourse to rein-
vent themselves within the heroic narrative that was already being constructed during
the anti-colonial struggle. But this rhetoric must be gauged against the achievements
claimed by among others the founding father, a central figure in the Namibian ver-


1. as quoted in Nujoma addresses Youth league, The Namibian, 20 august 2007.
2. for the politics of transition from the first to the second head of state in more detail, see Melber


(2006).






Henn ing Me lb e r


sion of a liberation gospel. This gospel claims that the seizure of political power and
the ideological commanding heights included a more profound transition to another
society and transformation of colonial structures into a liberated society and economy
that benefits the majority among the formerly colonised masses.


Most chapters in this volume are a kind of stock-taking exercise: they examine the
extent to which a transition is taking place and the results it has achieved during the
17 years since independence. in so doing, this volume seeks to add to the existing body
of knowledge. This new knowledge is by no means confined to the era beginning with
Namibias independence day (21 March 1990). instead, one needs to emphasize that
societies are in constant transition as they reproduce (and modify) themselves. The in-
tensity of the transition may change, and the formal end of colonial occupation and
foreign rule inasmuch as political power is transferred to a local agency are the most
obvious points of reference or departure for these new chapters. These milestones are not
necessarily complete turning points, but may induce more rapid social change through a
more dramatic shift in the organisation of political and social structures, with a result-
ant direct impact on the fabric and nature of societies.


social transitions in Namibia have been analysed on many occasions before. This in-
troductory overview cannot provide a complete analysis but it can introduce some of the
relevant literature touching on transitions in Namibian society since the 19th century.
Brigitte lau, who headed the National archives of Namibia until her untimely death,
was among those who contributed to insights on early transitions in Namibia with the
advent of colonialism (cf., lau 1987), and John kinahan, an archeologist with the local
authorities, provided an even more historically oriented perspective on social transitions
in parts of Namibia and its population (kinahan 1991). These authors greatly benefited
from their direct access to local archives or their own field studies. so did those oth-
ers who compiled relevant documentary evidence in the true sense by using existing
photographic material to document and analyse the visually obvious social changes and
power structures induced by colonialism (Hartmann 2004, Hartmann/silvester/Hayes
1998).


The colonial impact on local and regional modes of production, social reproduc-
tion and related aspects of identity has already been explored in numerous analyses,
often undertaken in pursuit of an academic degree. prominent examples of such his-
torical research by local scholars are the thesis by frieda-Nela Williams (1994) and by
Wolfgang Werner (1998), but also by Nampala and shigwedha (2006). other insights
from a local perspective into historical changes under colonial occupation include
Gewalds seminal work (1999 and 2000), which supplements Werners thesis on the
Herero communities. local analyses on social change in owambo societies under co-
lonial rule were complemented by the work of finnish scholars (siiskonen 1990, eirola
1992), thereby highlighting in an historical perspective similar to the academic work
linked to the German period of foreign rule the special relations between the northern


3. references are limited to books published in english and ignore numerous relevant journal ar-
ticles and individual book chapters as well as the additional relevant works existing in German
(testifying to the fact that Namibia had been a German settler colony, which resulted in a par-
ticular interest among German-speaking scholars that has persisted into the present).


4. local (especially historical) knowledge production is now reaching a wider audience thanks in
part to the publication efforts of the Basler afrika Bibliographien.






In t r o d u c t i on


region of Namibia and the finnish missionaries. The focus on Namibias northern re-
gion previously called owamboland has also produced scholarly work dealing with the
particular impact of Christianity on social transition and transformation (Mckittrick
2002) and the effects of environmental change on the organisation of these societies
(kreike 2004, but also erkkilä/siiskonen 1992). a good example of how a study on
owamboland-based elites in transition resulted in far-reaching political consequenc-
es for the personal future of its author is evident in the case of Gerhard Tötemeyer
(1978).


studies of social organisation and transformation among Namibian social forma-
tions other than the oshiwambo- and Herero-speaking communities are relatively few
(see, among others, kössler 2006 on the Nama). The san or Bushmen communities
represent an exception to the general tendency for most analyses to focus on the most
relevant (in the sense of most influential) social groups within a country: as the most
marginalised indigenous minority group (who are almost viewed as social outcasts),
they have achieved relative prominence in the literature (Gordon 1992, Widlok 1999,
suzman 2000, dieckmann 2007).


The focus on social transformation processes linked to sectoral and regional issues
that go beyond specific group identities has been rather limited in historically orient-
ed studies. among the noteworthy exceptions are Wallace (2002) and contributions
to the volumes edited by Bollig/Gewald (2000), Hayes/silvester/Wallace/Hartmann
(1998) and Miescher/Henrichsen (2000), while emmett (1999) provides insights into
the formative stages of modern political resistance to colonial occupation. analyses of
the subsequent politically organised liberation struggle and its internal dynamics are
provided by leys/saul (1995) and dobell (1998). a particular trade union perspective
within the anti-colonial struggle can be found in works by peltola (1995) and Bauer
(1998), while Becker (1993) explores the gendered perspective. pendelton (1994) pro-
vides a special focus on the most significant urban setting in Namibia and its changes,
while Hinz (2003) combines environmental management, ecology and the particular
role of local traditional leaders and their control over nature as a resource to present
another perspective relevant to the transition of Namibias society.


several edited volumes have meanwhile added to the picture of social challenge and
reorganisation since independence. keulder (2000) does so in a historical, state-centred
perspective; Melber (2000) looks at socioeconomic realities after a decade of sovereign-
ty; while chapters in diener/Graefe (2001) offer a wide panorama of relevant studies, as


5. This has resulted in a tradition of academic writings, especially from a social anthropology per-
spective on aspects of the owambo kingdoms.


6. He obtained access to the field on the basis of his political loyalty to the then south african
government occupying Namibia. The results of his interviews, however, originally submitted as a
phd thesis at stellenbosch, illustrated the generally anti-colonial and anti-south african orienta-
tion among the new elite. This was no welcome finding and initially dramatically circumscribed
the further career of the author drastically only to result in a politically very different second
career: after Namibian independence he left academia to enter politics and ended up as a deputy
minister before his retirement.


7. Which to some extent is also reflected in the prominent role of the German-speaking minority in
the analysis of segments of Namibian society (though admittedly mainly in the German litera-
ture).




0


Henn ing Me lb e r


do the contributions in Winterfeldt/fox/Mufune (2002). all these undertakings have a
high degree of local authorial participation.


finally, one must not omit from this brief overview another form of documenting
social transition, namely the personal testimonies of individuals involved in the pro-
cesses of social change, such as those compiled in the volumes by Becker (2005) and
leys/Brown (2005), and the various literary and poetic narratives, in which the creative
writing conveys a political message (cf., Melber 2004). New forms of recorded and pub-
lished oral history also provide access to testimonies that afford insights into processes
of social and political transition and transformation (cf., Namhila 2005).


The contributions to this volume seek to update earlier assessments and to deal with
hitherto largely unexplored aspects. They summarise and critically reflect on develop-
ments since independence. in doing so, they challenge parts of the dominant narrative
of the liberation movement now in political power and control. While swapos libera-
tion gospel suggests that the struggle for independence achieved meaningful change for
all people in most spheres of life, this volume presents a somewhat different perspective.
We must take time, urged swapos president sam Nujoma in the same speech to the
partys Youth league congress in mid-august 2007 quoted above, to consider where
we have come from as party and country, where we are today and where we would like
to be as a nation. The chapters below share this motivation and approach, even though
they may put forward perspectives or conclusions different from those of the founding
father.


references
Bauer, Gretchen (1998), Labor and Democracy in Namibia: 19711996. athens, ohio:


ohio university press
Becker, Barbara (2005), Speaking Out: Namibians Share Their Perspectives On Independence.


Windhoek: out of africa
Becker, Heike (1995), Namibian Womens Movement 1980 to 1992. From Anti-colonial


Resistance to Reconstruction. frankfurt am Main: iko
Bollig, Michael and Jan-Bart Gewald (eds), (2000), People, Cattle and Land. Transformations


of a Pastoral Society in Southwestern Africa. köln: köppe
dieckmann, ute (2007), HaiIIom in the Etosha Region. A History of Colonial Settlement,


Ethnicity and Nature Conservation. Basel: Basler afrika Bibliographien
diener, ingolf and olivier Graefe (eds), (2001), Contemporary Namibia. The first landmarks


of a post-Apartheid society. Windhoek: Gamsberg Macmillan and Nairobi: ifra
dobell, lauren (1998), SWAPOs Struggle for Namibia, 19601991: War by Other Means.


Basel: p. schlettwein
eirola, Martti (1992), The Owambogefahr: The Owamboland Reservation in the Making:


Political Responses of the Kingdom of Ondonga to the German Colonial Power, 1884
1910.
rovaniemi: Historical association of Northern finland


emmett, Tony (1999), Popular Resistance and the Roots of Nationalism in Namibia, 1915
1966.
Basel: p. schlettwein


8. as quoted in Nujoma addresses Youth league, The Namibian, 20 august 2007.






In t r o d u c t i on


erkkilä, antti and Harri siiskonen (1992), Forestry in Namibia 18501990. Joensuu:
university of Joensuu


Gewald, Jan-Bart (1999), Herero Heroes: A Socio-Political History of the Herero of Namibia,
18901923.
oxford: James Currey and athens, ohio: ohio university press


(2000), We Thought We Would Be Free: Socio-Cultural Aspects of Herero History in
Namibia, 19151940. köln: köppe


Gordon, robert J. (1992), The Bushman Myth. The Making of a Namibian Underclass.
Boulder/san francisco/oxford: Westview press (2nd revised edition with stuart
douglas, 2000)


Hartmann, Wolfram (ed.), (2004), Hues between black and white. Historical photography
from colonial Namibia 1860s to 1915.
Windhoek: out of africa


Hartmann, Wolfram, Jeremy silvester and patricia Hayes (eds), (1998), The Colonising
Camera. Photographs in the making of Namibian History. Cape Town: university of
Cape Town press, Windhoek: out of africa and athens, ohio: ohio university
press


Hayes, patricia, Jeremy silvester, Marion Wallace and Wolfram Hartmann, Wolfram (eds),
(1998), Namibia under South African Rule. Mobility and Containment 19151946.
oxford: James Currey, Windhoek: out of africa and ohio: ohio university press


Hinz, Manfred o. (2003), Without Chiefs there would be no Game. Customary Law and
Nature Conservation.
Windhoek. out of africa


keulder, Christiaan (ed.), (2000), State, Society and Democracy: a Reader in Namibian
Politics.
Windhoek: Gamsberg Macmillan


kinahan, John (1991), Pastoral Nomads of the Central Namib Desert. The People History
Forgot. Windhoek: Namibia archeological Trust and New Namibia Books


kössler, reinhart (2006), In Search of Survival and Dignity. Two traditional communities in
southern Namibia under South African rule.
frankfurt am Main/london: iko and
Windhoek: Gamsberg Macmillan (2005)


kreike, emmanuel (2004), Re-Creating Eden: Land Use, Environment, and Society in
Southern Angola and Northern Namibia.
portsmouth, NH: Heinemann


lau, Brigitte (1987), Namibia in Jonker Afrikaners Time. Windhoek: National archives of
Namibia


leys, Colin and susan Brown (2005), Histories of Namibia: Living through the liberation
struggle. Life histories told to Colin Leys and Susan Brown. london: The Merlin press


leys, Colin and John s. saul (eds), (1995), Namibias Liberation Struggle: The Two-Edged
Sword. london: James Currey/athens and ohio: ohio university press


Mckittrick, Meredith (2002), To Dwell Secure. Generation, Christianity, and Colonialism in
Owamboland.
portsmouth, NH: Heinemann, oxford: James Currey, Cape Town:
david philip


Melber, Henning (ed.), (2000), Namibia A Decade of Independence, 19902000, Nepru
publication No. 7. Windhoek: The Namibian economic policy research unit


(ed.), (2003), Re-examining Liberation in Namibia. Political Culture Since Independence.
uppsala: The Nordic africa institute


(ed.), (2004), It is no more a cry. Namibian Poetry in Exile and Essays on Literature in
Resistance and Nation Building.
Basel: Basler afrika Bibliographien


(2006), presidential indispensability in Namibia: moving out of office but staying in
power? in roger southall and Henning Melber (eds), Legacies of power: Leadership
change and former presidents in African politics.
Cape Town: HsrC press and
uppsala: The Nordic africa institute, pp. 98119






Henn ing Me lb e r


Miescher, Giorgio and dag Henrichsen (eds), (2000), New notes on Kaoko. Basel: Basler
afrika Bibliographien


Namhila, ellen Ndeshi (2005), Kaxumba kaNdola. Man and Myth. The Biography of a
Barefoot Soldier. Basel: Basler afrika Bibliographien 2005 (live, legacies legends; 2)


Nampala, lovisa T. and Vilho shigwedha (2006), Aawambo Kingdoms, History and Cultural
Change. Perspectives from Northern Namibia.
Basel: p. schlettwein


peltola, pekka (1995), The lost May Day: Namibian workers struggle for independence.
Helsinki: The finnish anthropological society in association with the Nordic africa
institute


pendelton, Wade (1994), Katutura: A Place where we stay. Life in Post-Apartheid Township in
Namibia: Katutura Before and Now.
Windhoek: Gamsberg Macmillan (2nd revised
edition ohio 1996)


siiskonen, Harri (1990), Trade and Socioeconomic Change in Owamboland, 18501906.
Helsinki: sHs


suzman, James (2000), Things from the Bush. A Contemporary History of the Omaheke San.
Basel: p. schlettwein


Tötemeyer, Gerhard (1978), Namibia Old and New. Traditional and Modern Leaders in
Owamboland.
london: C. Hurst


Wallace, Marion (2002), Health, Power and Politics in Windhoek, Namibia, 19151945.
Basel: p. schlettwein


Werner, Wolfgang (1998), No One Will Become Rich. Economy and Society in the Herero
Reserves in Namibia, 19151946.
Basel: p. schlettwein


Widlok, Thomas (1999), Living on Mangetti: Bushmen Autonomy and Namibian
Independence. oxford: oxford university press


Williams, frieda-Nela (1994), Pre-Colonial Communities of Southwestern Africa: A History of
Owambo Kingdoms 16001920.
Windhoek: National archives of Namibia


Winterfeldt, Volker, Tom fox and pempelani Mufune (eds.), (2002), Namibia Society
Sociology.
Windhoek: university of Namibia press




History and the armed struggle
from anti-colonial propaganda to patriotic history?


Christopher Saunders


a contested historiography is a sign of a healthy and mature democracy. Views of the
past inevitably change as the past is seen from new vantage points in an ever-changing
present. While certain facts about what happened in the past are incontrovertible, once
one moves beyond the bald facts to an interpretation, there are bound to be different
views of what happened. as an eminent historian once wrote, history that is worth the
name should be an argument without end, for there are no final truths in history
and the process of reinterpretation is ongoing. Yet there are countries where this con-
stant questioning of the past has not taken place, and instead an officially sanctioned
view of the past has been imposed, a master narrative that does not admit alternative
interpretations. one of the countries that has fallen into that trap is Zimbabwe, with
which Namibia had close relations during its liberation struggle. Namibia, fortunately,
is not in that situation, and hopefully never will be, but some worrying trends can be
detected, as this chapter will illustrate


Two great episodes in Namibian history come to the fore in most contemporary
discussions of the countrys past: one is the period of colonial warfare against the Ger-
mans and the genocide of 190407, the other the liberation war of 196689. it is with
the latter that this chapter is exclusively concerned. scholars have begun to document
how the liberation war has been used for political ends and to write about how it has
been memorialised at the Heroes acre outside Windhoek and in other ways (most
recently kössler 2007). Here the focus is not on monuments or, say, the use of public
holidays and the renaming of streets, but on writing about the past. i present a survey
of such writing, conscious that there has been all too little analysis of Namibian histo-
riography in general and hardly any discussion of writing on the liberation war. Given
limitations of space, i shall inevitably have to adopt a broad-brush approach and be
selective in the examples i cite. a more detailed and comprehensive study will reveal
greater complexities and nuances between different works, but i hope that what i say
here will prompt others to explore this subject in greater depth. This is no mere intel-
lectual exercise, for it can help us understand current debates and may hold lessons for
the future.


africanist and patriotic history
from the late 1950s, as countries in tropical africa began to approach independence,
old-style eurocentric writing about the histories of those countries began to be replaced
by a new afrocentric or, as it was usually called, africanist historiography. some of







Chr i s t oph e r Saunde r s


this was scholarly and it considered, with appropriate nuance, african resistance to the
imposition of colonial rule, african responses to colonialism itself and struggles for
independence. other writing about the past was more overtly political, being clearly
designed to buttress the new nations by providing a nationalistic history that would le-
gitimate them and provide them with a necessary history. such writers tried to trace the
history of the new nations from the present back into the distant past, laying emphasis
on continuities and the unity of those who challenged the colonial system, and present-
ing a triumphalist picture of what the nationalists had achieved (cf., Temu/swai 1981).


from the 1960s, these new forms of historical writing were replicated in those coun-
tries in southern africa that remained under white minority rule. for south africa,
such writing ranged from the scholarly afrocentrism of the first volume of the new
Oxford History of South Africa (Wilson/Thompson 1969) to the more popular, largely
uncomplicated history of the african National Congress by Mary Benson entitled The
African Patriots (Benson 1966). in Zimbabwe too, a nationalist historiography emerged
long before the arrival of independence in 1980. The central figure in the development
of that was Terence ranger, who taught at the university College of rhodesia before be-
ing expelled in the 1960s. He then moved to dar es salaam, then the united states and
Britain, all the time continuing to work on Zimbabwe history himself, and encouraging
others to do so, from a standpoint broadly sympathetic to the nationalist movement. in
one of his most influential articles, he drew connections between the primary resistance
to european intrusion in the late nineteenth century and the modern mass nationalism
of his own day, and the argument for continuity was clearly to help give legitimacy to
the nationalist movement then seeking power. it resonates with recent attempts to link
Mugabes disastrous policies of the early 21st century with two previous anti-colonial
struggles (chimurengas) of 189697 and 196679. Much more recently, however, and
reflecting his disillusionment with the way the nationalist project has been hijacked by
an oppressive ruler, ranger has sought to distinguish the nationalist historiography, to
which he contributed so much from the 1960s, from what he terms patriotic history,
the unscholarly approach to the Zimbabwean past now propagated, more than a quar-
ter of a century after independence, by the robert Mugabe regime and its supporters
(ranger 2003).


What ranger calls patriotic history is really not history at all, but myth and propa-
ganda. it does not tell the truth about the past, but emphasises selected aspects of the
past to present a picture of a glorious, continuous revolutionary tradition. it rejects
academic history writing as an attempt to complicate the story of the past, and, instead,
attempts to impose a hegemonic view of the liberation struggle. This writing about the
Zimbabwean past is not concerned with the liberation struggle versus the colonial op-
pressors as one of right against wrong, for the rightfulness of the independence struggle
against white minority rule is taken for granted. it stresses, instead, another divide,
between those who led the fight and won and those who compromised and should
therefore be denounced as unpatriotic and as sell-outs. This categorisation of people into
those who were with us and those who were not, relates, of course, to present political
battles in Zimbabwe, with those in power trying to legitimise their position by iden-
tifying themselves as the true liberators of the country. others are denounced for not
having such liberation credentials or are written out of history.






Hi s t o r y a n d t h e a r m e d s t r u g g l e


That the distinction between nationalist and patriotic historical writing is not as
clear-cut as ranger suggests is seen, say, in the work of rangers own chief Zimbabwean
collaborator, the historian Ngwabi Bhebe, whose work has shifted from the scholarly to
what verges on the patriotic (Bhebe 1999, 2004), but rangers article may nevertheless
serve as a useful starting point from which to pose questions about writing on Namibias
armed liberation struggle. i am concerned here both with writing on that struggle while
it continued and with post-independence writing, for writing before independence in-
fluenced what came after. from what perspectives has the Namibian conflict been writ-
ten about? is Namibia following the Zimbabwean path to patriotic history?


The context
Though Namibias armed liberation struggle began at roughly the same time as Zim-
babwes, it continued much longer. Zimbabwe entered its brief transition to independ-
ence in late 1979, and only in april 1989 did Namibia begin to follow a somewhat
similar path. as that month began, and a ceasefire was supposed to take effect, some
of the bloodiest battles of the war took place in the war between south african forces
and those of the peoples liberation army of Namibia (plaN), the armed wing of the
south West africa peoples organisation (sWapo). Given the time disparity between
the two transitions, it is not surprising that much less has been written to date about the
Namibian struggle than about the Zimbabwean one. There are other reasons, however,
why the body of work on Namibias liberation struggle remains so small. Namibias edu-
cated elite is minute, and few in that country have had time to devote to writing about
the past, while for some Namibians the liberation struggle has remained too painful to
write about.


Here i am primarily concerned with writing by Namibians themselves rather than
by Western sympathisers, much of whose writing was ephemeral and polemic in intent,
though some of the best had lasting value (one example is Herbstein and evenson,
1989). Before i turn to work sympathetic to the Namibian struggle, however, it is im-
portant to note that both before and since independence there has been a large body of
writing from the other side, the side of the south african occupation and the forces out
to crush the nationalist movement by force. This writing sought to justify, and white-
wash, the counter-revolutionary struggle waged by the south african government, and
to present those who were engaged in it as performing a necessary task in the combat-
ing of terrorism and communism. This literature, which is very heavily focused on the
military aspects of the war against sWapo, comes mainly from south africans who
themselves either fought on the south african side, such as Willem steenkamp (1989),
or were close to those who fought, such as Helmoed-romer Heitman (1990) and peter
stiff (2004), or from far-right wing americans for whom sWapo was seen as a tool of
the soviet union (e.g., Norval 1989).


1. steenkamp fought in angola in the late 1970s. stiff was a guest of the south african police in
northern Namibia in 1989 (stiff, 2005:429, 481). Norval, an ex-us Marine, was executive direc-
tor of the selous foundation, which also published his Inside the ANC: The Evolution of a Terrorist
Organization (Washington 1990).






Chr i s t oph e r Saunde r s


This literature is mostly narrative and anecdotal and not scholarly (despite some use
of footnotes). Though these books deserve to be subjected to a detailed critique, here we
can merely note that they tend to portray plaN as weak and ineffectual and as acting
on the orders of Moscow. at the same time, and contrary to the suggestion of weak-
ness, such accounts speak of heroic acts of military daring and success by south african
and surrogate Namibian forces against a formidable enemy which, despite losing large
numbers on the battlefield, nevertheless remained a serious threat. While stiff makes a
brief attempt to look at the war from the viewpoint of two plaN combatants in his lat-
est blockbuster (stiff, 2004:3478), and while some voice is given to those in the south
african forces who saw the war as pointless, on the whole this writing is anchored in
the idea that the war that the south africans and their allies fought in northern Na-
mibia and southern angola was both justified, to prevent a revolutionary take-over in
Namibia, and effective. To date there has been no systematic attempt to critique the
arguments in such books.


early writing about the armed struggle
The first major attempt to present a different perspective from that found in such south
african history writing, and to promote the nationalist agenda, was To Be Born a Na-
tion,
produced by sWapos department of information and publicity and published by
a left-wing British publishing house, Zed press, in 1981 (sWapo, 1981).2 This drew
on earlier, slighter accounts from within sWapo (especially sWapo 1978), and on
the brief history of Namibia written some years before by randolph Vigne, the lead-
ing figure in friends of Namibia and then the Namibia support Committee in Britain
(Vigne 1975).3 To Be Born a Nation for the first time brought together in book form a
detailed account of the colonisation of Namibia and the resistance to it, carrying the
story to 1979. The most significant work on Namibia to which it could be compared,
ruth firsts South West Africa, was written and published before the beginning of the
armed struggle, at a time when it was still unclear whether sWapo or the rival south
West africa National union (sWaNu) would emerge as the leading nationalist move-
ment, and her pioneering study had been, if anything, more sympathetic to sWaNu
than to sWapo (first 1963). Vignes short history had only discussed very briefly the
early years of the armed struggle. Now, for the first time, To be Born a Nation provided
not only a detailed history of Namibia before the armed struggle began , but also an ac-
count of how that struggle had developed to the late 1970s, like other nationalist works
emphasising the continuities in resistance from precolonial times to the present.


To be Born a Nation was a sWapo project and no author was identified. peter
katjavivi, who had set up the sWapo office in london in 1968 and a decade later
moved on to study at Warwick university while remaining a leading sWapo figure in


2. Zed published many key texts on Namibia in the 1980s, from H. drechslers Let Us Die Fighting
(1980) to Herbstein and evenson (1989).


3. Many articles on aspects of the struggle appeared in the various sWapo journals, especially The
Combatant, the journal of plaN.






Hi s t o r y a n d t h e a r m e d s t r u g g l e


Britain, contributed a foreword, and elsewhere he is described as the books editor.4
The book was launched at the africa Centre in london on 26 august 1981, the 15th
anniversary of the battle of omugulu-gombashe in northern Namibia, the day that
sWapo recognises as the start of the armed struggle. The launch came a day after
south african forces had again attacked sWapo bases in southern angola, so the
literary proceedings were animated by news from the battlefront. in his speech at the
launch, katjavivi modestly admitted that the book was not a definitive account, but said
that it aimed to set the record straight by countering anti-sWapo accounts, and that
it was therefore itself part of the liberation struggle.5


as the title suggested it was taken, we are told, from a saying in the Mozambique
liberation struggle, to die a tribe and be born a nation (sWapo 1981:ii) this history
implied that sWapo, through its armed struggle, was bringing into being a new Na-
mibian nation. one of the organisations leading slogans was one Namibia, one Na-
tion, and the book presented sWapo as embodying the popular will of the Namibian
people to oust the occupiers and create an independent nation. To be Born a Nation
made clear that the armed struggle was the leading form of struggle, and that diplomacy
was at best second fiddle to it. sWapo, as the only organisation involved in the armed
struggle against south african rule, represented the Namibian people in their fight for
freedom. such ideas, as we shall see, were to survive in post-independence writing.


While To be Born a Nation was the single most important work of history on the
liberation struggle to be published before independence, it was not of course the only
one. alfred T. Moleah, a south african exile in the united states, published Namibia:
The Struggle for Liberation in 1983. in it, he suggested that any attack on sWapo lead-
ership or policies would be unpatriotic. denial of a sWapo government, he wrote,
is negation of Namibian independence (Moleah 1983:300). sWapos department of
information and publicity helped the Namibia support Committee organise the major
international conference on Namibia 1884 to 1984 held at the City university of lon-
don in september 1984, and not surprisingly the papers that were published in the 800
page volume that emerged from that conference some years later were mostly uncritical
of the liberation struggle and did not delve into any of the tensions within it or contro-
versies that dogged it (Wood 1988). and when sWapos deputy secretary-general for
education and culture collaborated with a German colleague to produce a history text
for secondary schools, the epilogue ended as follows: since it was founded in 1960,
sWapo has shaped Namibian history & The future of Namibia is bound up with the
decisions and actions of sWapo (Mbumba/Noisser 1988:291).


all this is of course understandable within the context of the struggle then be-
ing fought against south african occupation. perhaps the most balanced work by a
Namibian in this pre-independence period on the liberation struggle post-1966 came
from peter katjavivi, the activist turned scholar who, after completing a masters degree
at Warwick university, moved on to st. antonys College, oxford, for a doctorate. after


4. see his biography on the united Nations university website: http://www.unu.edu/council/mem-
bers/katjavivi.html. richard Moorsom, who was active in the Namibia support Committee and
had completed a masters thesis on Namibia at the university of sussex, is known to have been
one of the main authors.


5. There is a copy of his speech in the Michael scott papers, rhodes House library, oxford, Box
34.






Chr i s t oph e r Saunde r s


he had completed that, he wrote a brief overview for uNesCo of the history of resist-
ance in Namibia from the earliest times to the late 1970s, again emphasising continui-
ties and justifying the armed struggle, and helped edit a book on Church and Liberation
in Namibia
(katjavivi 1988, 1989). To its credit, his account of resistance did not ig-
nore, as other writing did, the serious crisis that divided sWapo in the mid-1970s and
led to the detention of some of its leading officials (cf., katjavivi 1988:1067), though it
did not mention the even more serious issue that was only beginning to emerge into the
light of day as katjavivi wrote, concerning torture and other atrocities being perpetrated
on sWapos detainees in lubango, angola.


of the memoirs of individuals in the struggle to be published before independence,
among the most important were the autobiographies of two sWapo activists. Vinnia
Ndadis Breaking Contract (Mercer 1989) and John Ya ottos Battlefront Namibia (Ya
otto 1982) both told the stories of internal resistance leaders who fled into exile to join
the externally based struggle. They praise sam Nujoma as the father figure of the move-
ment, and Ya otto recalls how he scratched the sWapo slogan one Namibia, one
Nation on the wall of the cell in which he was imprisoned. These activists drew upon
their own memories to select historical detail to advance the stories they wanted to tell,
stories of great suffering and heroism. While these are striking accounts by extraordi-
nary men, they tell individual stories from the perspective of their authors and are not
balanced accounts. To that extent they are, as a literary critic has pointed out, myth-
making (Haarhoff 1991, esp. 229). so is the equally striking account that appeared
after Haarhoff wrote, Helao shitywetes Never Follow the Wolf: The Autobiography of a
Namibian Freedom Fighter, which told of his military training and what happened to
him after he returned to northern Namibia as a combatant (shityuwete 1990).


such memoirs stressed the unity of the Namibian people under the banner of
sWapo, the popular commitment of the Namibian people to oust the south african
oppressor and the heroic nature of the struggle against south african rule. Their pub-
lication was designed to help aid the struggle, not only by remembering what had hap-
pened but also by encouraging others to support it. as with most work produced in the
years of struggle, they served a clear propaganda purpose. While it was widely accepted
all over the world that the Namibian liberation struggle was a just one against racism
and colonialism, this did not, of course, make such writing good history. it was not his-
tory in any real meaning of that word, in that it did not attempt to present a rounded
picture or explore the complexities and ambiguities of the struggle. one autobiography
critical of sWapo did appear as the country moved towards independence, but it was
slight and as selective from its own perspective as the memoirs of others. it received little
attention, not least because its authors party was virtually eliminated in the founding
election of November 1989 (shipanga 1989).


perspectives after independence
if that, in brief summary, was the state of writing by Namibians about the liberation
struggle while it was taking place, what of writing that looks back on the liberation
struggle from a post-independence perspective? With the end of the struggle and the
advent of independence in March 1990, one might have thought that there would no






Hi s t o r y a n d t h e a r m e d s t r u g g l e


longer be the same concern by Namibians to show solidarity and to dismiss counter
views. it might have been expected that writers would now try to understand what had
happened with greater detachment and in fuller complexity. a body of academic litera-
ture might have emerged on the liberation struggle by scholars who had not themselves
been involved in it and could therefore see it in new perspective. But none of this has
happened.


Beyond a few seminar papers 6 and a study of the Cassinga massacre of 1978, the
largest single atrocity of the entire apartheid era, by annemarie Heywood (1996), no
scholarly historical writing on the armed struggle has emerged from within Namibia.
When more popular works are considered, it was perhaps not to be expected that those
who had committed themselves over so many years to a cause would now be any less
firm in their commitment to it, or be ready to change their views upon it. They now
looked back to the armed conflict as a heroic episode that had brought the new na-
tion into being. They were proud to have participated in that process. They had been
socialised in a time of war to be disciplined and suspicious of contrary views, and when
others began to advance such views, they were encouraged to close ranks in the face of
what they saw as new challenges. While the armed conflict was now over, the struggle,
it seemed, was continuing in new ways.


When the process leading to the first democratic election in November 1989 was
getting under way, a group of those who had been detained by sWapo in southern
angola returned to Windhoek after their release as part of the negotiated settlement
providing for the transition to independence. on their return, they told of imprison-
ment and torture in the dungeons of lubango. The sWapo leadership had grudgingly
admitted that mistakes had been made but would not agree to any enquiry into what
had happened (dobell 1996; leys/saul 2003). all sWapo did was publish a list of
those who had fallen in the struggle, with minimal information about the circum-
stances in which they had died (sWapo 1996). While this publication was generally
welcomed, the list was criticised for being so slight and incomplete, and in the book
there was no admission that anyone had died in vain, no attempt to address the pain
suffered by those who still did not know what had happened to those who had left to
fight and had never returned (cf., NsHr 1996).7 some years previously, a group of those
related to people who had disappeared had put together a brief account of a struggle
Betrayed (Thiro-Beukes 1986), but it was left to outsiders, people who had been heavily
involved in support of sWapo and its struggle in the 1980s, to write substantial works
that began to document what had happened.


Colin leys and John saul, Canadian academics who had campaigned for sWapo
for decades, now in the aftermath of independence presented Namibias liberation
struggle as having had negative as well as positive aspects: it was, the title of their book
suggested, a Two-edged sword (leys/saul 1995). Then siegfried Groth, a German
pastor who had worked closely with sWapo, published Namibia: The Wall of Silence:
The Dark Days of the Liberation Struggle. When Groths book appeared, the Namibian


6. Those given at the conference on public History, forgotten History held at the university of
Namibia, Windhoek, august 2000, have not been published.


7. There was speculation that sWapo would bring out a second, revised edition of Their Blood
Waters our Freedom, but this has not appeared.




0


Chr i s t oph e r Saunde r s


president, sam Nujoma, appeared on state television to warn the nation against Groths
false history.8 More recent accounts that are highly critical of sWapo have also been
assembled externally. They include the memoirs of keshii pelao Nathanael, who now
lives in sweden. a member of the sWapo Youth league, he had gone into exile, fought
and been detained and tortured by sWapo (Nathanael 2002). and Colin leys with
susan Brown, now based at the institute of Justice and reconciliation in Cape Town,
have published a collection of the reminiscences of 11 Namibian activists, only one of
whom did not become a critic of sWapo (leys/Brown 2005).


in the leys and Brown book, Histories of Namibia, only Ben Mulongeni, who went
into exile in 1977 and then studied in Zambia and Bulgaria, plays down the ex-detainee
issue. for him, the former plaN chief of security, subsequently known as the butcher
of lubango was just a victim of the time he was living in (ibid, 37). The others were
involved in the detainee issue in one or other way, or became critical of the way in
which sWapo sought to stifle any internal organisation that it did not control. Their
stories usefully add to our knowledge of sWapos actions and authoritarianism, and
so of the ambiguities of the struggle, even if the result is an unbalanced set of histories
from Namibia, for the collection is far from being a representative sample of those
involved. and while such accounts can constitute valuable primary sources, they need
to be read critically and sifted by scholars who can assess whether they are accurate in
what they remember, or, say, the extent to which they exaggerate to make a point. The
life histories reproduced in the leys and Brown book are not so sifted, and the word
histories in the title of the book is therefore misleading in the sense that history should
be the critical study of the past, for this is not such a study.


The same is true of writing about the past from other perspectives, whether ellen
Namhilas autobiographical memoir, The Price of Freedom, or the collection of brief ac-
counts of the experiences of Namibians in the struggle and after published under the
title Speaking Out (Becker 2005). Namhilas memoir told the fascinating story of how
she left for southern angola, was among those attacked by south african forces, and
eventually settled in finland. during the struggle she was taught that freedom would
come from the barrel of the gun alone, but in her memoir she calls for the full history
of the exile experiences of Namibians to be written (Namhila 1997:190, 195). Speaking
Out
includes the story of another woman who survived the Cassinga massacre and of
the leading black Namibian journalist in the struggle period. While it is useful to have
such accounts, it must be remembered that the academic lens and personal perspec-
tives of the interviewers and editors facilitates and influences how the life story is told
(patel/Hirschsohn 2005:x). autobiographies and life stories are selective in what they
say, presenting an individuals point of view, often through the prism of a much later
context, and therefore they need to be read critically.


Writing not critical of the now ruling party continued to suggest, as pre-independ-
ence writing had, identification between the ruling party, the armed struggle and the
nation. Consider ellen Namhilas recently published life of kaxumba kaNdola, more
commonly known, from being the first accused in the pretoria terrorism trial of Na-
mibians in 1968, as eliaser Tuhadaleni, a founding member of sWapo. When the first


8. The Namibian, 7 March 1996. Nujoma went on to accuse Christo lombard, a theology professor
who had defended Groths work, as being an apostle of apartheid (ibid).






Hi s t o r y a n d t h e a r m e d s t r u g g l e


fighters returned to northern Namibia from training abroad in 1965, they reported to
him, we are told by the veteran politician Toivo ya Toivo in the foreword, because of
his self-sacrificing nature, generosity, honesty, and dedication to the liberation struggle
(Namhila 2005:vii). in writing of his support for sWapo, his long incarceration on
robben island and his eventual release from imprisonment in 1985, Namhila has cho-
sen to present the reader with huge chunks of primary material, whether from interviews
or documentary sources. she does not make it clear on what basis she selected these or
alert the reader to the dangers of relying on such sources, especially oral testimony. Her
book is a valuable attempt to reconstruct the life of man who had been virtually forgot-
ten, but it is a tribute to a hero and a legend, not a critical account.


in south africa, many key participants have now written memoirs. The accounts
by ahmed kathrada, Nelson Mandela and Mac Maharaj of how Mandela wrote what
eventually became Long Walk to Freedom on robben island, and how it was smuggled
out, differ, but access to archival documents is now able to reveal more than the writers
knew when they penned their accounts and can help resolve differences in what they
remembered (Prisoner, 2005:1723). such a process has not begun in Namibia, where
stories, whether of heroes of the struggle or of those who suffered during it, remain
unanalysed and are presented uncritically. Writing scholarly studies of the liberation
struggle will of course remain very difficult when there is so little documentary material
available. sWapos own archive, now housed in Windhoek, remains firmly closed to
scholars, and there has been no hint of whether it will be opened, and on what condi-
tions.


Nujoma and Namakalu
i turn now to two key books on Namibias armed struggle: the one by the leading figure
in that struggle, the founding president of sWapo, sam Nujoma, recently given the
title of father of the Nation by the Namibian parliament, the other the first detailed
account of plaNs operations. Though Nujoma agreed in 1990 to have his life ghost
written, the project faltered, but the publication in the mid-1990s of the books by leys
and saul and Groth, which he and others saw as an attack on sWapos record in the
struggle, must have encouraged him to bring out his own account to set the record
straight from his perspective. His book takes the story of the liberation struggle to in-
dependence in March 1990. unlike other memoirs, it not only draws upon Nujomas
own memory, but uses a considerable range of other accounts of the events it describes,
a number of them, in Nujomas eyes, by opponents in the struggle. some of the later
chapters read almost as if his main purpose was to update To Be Born a Nation by con-
tinuing the history of the armed struggle to its end.


oswin Namakulu was trained in plaN, but like Nujoma, the commander in chief,
it seems that he did not engage in actual fighting himself. after holding administrative
positions in sWapo in exile, he returned to northern Namibia and began interview-
ing plaN combatants to assemble a descriptive history of plaNs activities designed
explicitly to present what happened in the war from the perspective of those who fought
against south africa. His account ranges over the entire war, from the first armed clash
between the two sides, the battle of omugulu-gombashe on 26 august 1966, to the






Chr i s t oph e r Saunde r s


fighting in april 1989. He acknowledges that his book, and its lists of battles and at-
tacks, is far from being comprehensive. Namakalu (2005:15965) is strangely incom-
plete. only in respect of a limited number of engagements does he go into detail. He
tells us that he decided to include nothing on Cassinga because it has been written about
elsewhere (p. viii). When he deals with the key battle of Cuito Cuanavale in 198788,
he writes of the Cuban-angolan forces but does not mention that sWapo units fought
alongside them. He estimates that 75% of his information on plaNs combat missions
from the late 1960s to the mid-1980s came from interviews, sWapo documents and
plaN operational reports (p. viii). unfortunately for the scholar, he gives no clue as to
where these are to be found.


it is Where Others Wavered, however, that illustrates better than any other book
the problems with much of the recent writing (cf., saunders 2003; du pisani 2007).
its title comes from a statement Nujoma made in 1978, a key year in the Namibian
struggle, a statement that he and others often repeated afterwards: When the history
of a free and independent Namibia is written one day, sWapo will go down as having
stood firm where others have wavered: that it sacrificed for the sacred cause of liberation
where others have compromised. The title, then, clearly indicates the strong political
and polemical purpose of Nujomas book: to assert and substantiate the heroic role of
sWapo in bringing independence and freedom to Namibia, to praise those who stood
firm and to condemn those who did not. Though the sub-title on the cover is My life
in sWapo and my participation in the liberation struggle of Namibia, the book is
more about sWapo and its struggle than about Nujomas own life and involvement.
His identification with sWapo, the only effective liberation movement (Nujoma
2001:267) was, and remains, complete: everything else is subordinated to that. Those
who dissented are traitors, on the wrong side of history. His concern to condemn them
is shown by his choosing a title that emphasises the wavering of others rather than his
own steadfastness and determination.


if his memoir is to be believed, there was never any doubt in Nujomas mind about
the eventual triumph of his cause. His story is of a steady movement towards victory.
We pursued policy with vigour and determination until the final victory, he writes.
The national liberation war was increasingly effective. every year we made more
progress until 21 March 1990 when genuine freedom and independence were achieved
(Nujoma 2001:260). He remained convinced that sWapo would inevitably defeat the
south african Goliath (Nujoma 2001:151), and in the end, of course, was proved right
in the sense that south africa did withdraw and sWapo was able to come to power.
His account is hardly at all self-reflective. Much of it is about events that Nujoma was
involved in, or connected to, rather than about his own experiences. There are long de-
scriptive passages dealing with events that he was not present at and which he can have
only heard about from others. There is hardly any of the personal detail that enlivens
most autobiographies. There is no suggestion that his position as leader was ever under
serious challenge, or that there were setbacks, or that any wrong decisions were made.
There is hardly anything about the internal history of sWapo in exile, or about his
interaction with close friends or colleagues.


Though Nujoma has maintained since independence that the struggle continues in
new forms, one might have expected that he would now view the armed struggle with
a certain distance. He still, however, demonises the Boers (racist whites) and cannot






Hi s t o r y a n d t h e a r m e d s t r u g g l e


bring himself to admit, say, that militarily sWapo was less effective in penetrating Na-
mibia in the mid-1980s than it had been a few years before, or that there were ever any
serious differences of views within sWapo as to the most appropriate strategy to fol-
low. While there is no doubt that the activities of plaN were more extensive than the
south africans admitted, Nujoma exaggerates plaNs military successes. it may have
always had a presence in northern Namibia, but it did not have a mechanised brigade
there, and plaN combatants were not effective and permanently fighting in all the
regions inside Namibia at all times (Nujoma 2001:271, 389).


Namakalu is more critical of mistakes made by plaN. He admits that one of the
early fighting units in northern Namibia was equipped only with axes and hunting
knives and that others had no arms at all, that there was an acute shortages of medi-
cines and food as well as weapons, and that though sWapos secretary of defence was
ordered to open a second front in angola at the Tanga conference, this was not done
effectively (Namakalu 2005:12, 35, 456). He also mentions a number of friendly-fire
incidents in which members of plaN were killed and refers to the problems and suspi-
cions caused by the koevoet practice of posing as plaN combatants, wearing plaN
uniforms and using the same methods and approaches as genuine plaN fighters
(Namakalu 2005:47, 108, 158). But despite such admissions, his book presents the war
as a heroic one, and as we will see decisive in bringing about independence.


one of the weakest sections of Nujomas book relates to the crisis of april 1989,
when over 300 sWapo fighters lost their lives in northern Namibia. Whereas by 1979
the forces of the Zimbabwean liberation armies had established a significant presence in
the rural areas of Zimbabwe, plaN had not been able to achieve anything comparable.
Visiting Mugabe in Harare, Nujoma was, it seems, advised to tell his forces to insist
that they should be placed in bases during the transitional period, as the Zimbabwean
guerrilla forces were in 1979, despite the fact that there had been no agreement on
sWapo bases in Namibia in the transitional period. None of this is clarified in Nu-
jomas account, which blames the tragedy on the West and the south african foreign
minister, pik Botha. Nujoma believes that Botha persuaded the reagan administration
to reduce the size of the united Nations Transitional assistance Group (uNTaG) force
in Namibia, as a result of which there were no uN troops in the north on the day the
Western plan was at last implemented. Nujoma implies that there was a conspiracy to
provide a setting in which the plaN fighters in northern Namibia could be massacred
(Nujoma 2001:286, 395ff.) No-one who has made a detailed study of these events will
be convinced by such an interpretation, which at a minimum fails to explain why the
sWapo leadership did not anticipate what might happen if there were no uN forces in
place in the north when the armed plaN fighters emerged.


When writing of the 1960s, Nujoma emphasises how important it was for him to
assert the claims of south West africa/Namibia to independence at a time when many
lumped sWapo with the african National Congress of south africa and did not dis-
tinguish their separate freedom struggles against the same rulers. again and again,
he stresses the need in the 1970s and 1980s to reject any idea of a Bantustan solution
for Namibia (e.g., Nujoma 2001:157) and to insist on genuine independence, which
meant, in his eyes, the total removal of south africa from Namibia and sWapo taking
power. Very reluctantly, he and sWapo had to accept in mid-1978 that Walvis Bay






Chr i s t oph e r Saunde r s


would not be included in the new Namibia and that its future would need to be negoti-
ated after independence.


That sWapo was the only Namibian party to engage in an armed struggle, and
so in effect constituted the liberation movement, is one of the key ways in which the
Namibian struggle differs from the Zimbabwean and other southern african libera-
tion struggles. from the mid-1960s, having decided not to launch an armed struggle,
sWaNu never posed any effective challenge, and yet sWapo pressed to be recognised
as the sole and authentic representative of the Namibian people, and won such recogni-
tion, first from the organisation of african unity and then from the uN General as-
sembly (Nujoma 2001:157). unlike leaders of other liberation movements in southern
africa, Nujoma did not have to worry about being outflanked from the left or being
overtaken by another organisation. He did not need to bargain with others and define
positions to differentiate sWapo from a rival. But in sWapo there was never much
space for democratic debate. The sole and authentic doctrine caused many problems
in the negotiations over the future of Namibia, for it seemed to suggest that sWapo
did not believe in the multiparty democracy it claimed it wanted to see installed in
Namibia, and it buttressed the authoritarian tendencies seen in the ruling party after
independence.


in perhaps his greatest distortion, Nujoma dismisses as of little account the detainee
scandal of the early 1980s that did so much damage to sWapo. He writes of sWapo
advancing from strength to strength in the late 1980s. all he says about the detainees
is that their detention was legitimate, because they gave information to the south afri-
can defence force and so were in some sense responsible for the massacres at shatotwa
and Cassinga. He fails to deal with the allegation that the sWapo leadership itself
knew in advance of these raids but did not warn those in the camps. He merely says that
if we are accused of ill-treating detainees, this was very little compared to the killing,
cruel torture and brutal treatment the apartheid south african regime inflicted on our
people over so many years, and adds we prefer to leave that sad history behind us and
concentrate on national reconciliation ... (Nujoma, 2001:357). No wonder, then, that
in 2006, when war veterans protested in Windhoek that they had been forgotten, he
was reported to have said that he would shoot any veterans who continued to demand
more from the state (Legalbrief, 4 september 2006).


The centrality of the armed struggle in the years of exile meant that sWapo be-
came dominated by a military culture, strongly hierarchical, authoritarian and closed.
This was aided by the almost constant rumours of spies at work and by evidence of
actual spies. Nujoma devotes considerable space to the various traitors and spies who, he
claims, infiltrated the movement over the decades. The deputy chief of sWapos mili-
tary wing at the beginning of the armed struggle not only turned out to be an agent of
the south african security forces but even more astonishingly was allowed to remain
in sWapo even after he had been exposed. it seems that he betrayed Toivo ya Toivo
and others, who were to spend decades in jail, and was able to tip off the south africans
that the commander of sWapos military wing was crossing the Zambesi by boat,
which led to his death in May 1967 (Nujoma 2001:163; Namakalu 2005:esp. 7, 13).


a decade later, shipanga is the prime traitor and quisling, who worked hand in
hand with apartheid south africa. all Nujoma says to substantiate this is to claim that
shipanga attempted to get West German support in a bid to take over the leadership






Hi s t o r y a n d t h e a r m e d s t r u g g l e


(Nujoma 2001:246). Nujoma allows no recognition of the possibility that shipanga
was also, to cite the title of his memoir, In Search of Freedom, nor does he acknowledge
the damage done to the movement then and later by this episode, which, as leys and
saul have shown in detail, arose from the disaffection of the Youth league leaders and
the disillusionment of many of the fighters in the camps with the sWapo leadership
(leys/saul 1994). of shipanga and other reactionaries, Nujoma merely says we sim-
ply asked them to leave (Nujoma 2001:247). He makes no mention of their detention
first in Zambia and then in Tanzania. He seems to justify what was done to them by
saying that their numbers were very small. fewer than a hundred were involved. He
merely continues: There was really no uproar at all ... the armed liberation struggle
continued with intensity (Nujoma 2001:247). so Nujoma fails to tackle the charges
made against him and his organisation, but brushes them aside and provides a bland
and highly distorted account that fits with sWapos refusal to deal with such issues
since independence. Nujoma has added his authorial voice to the wall of silence that
sWapo erected (cf., leys/saul 1994; dobell 1996).


sensitive to the charge that sWapo was not democratic in its practices in exile,
Nujoma makes the astonishing claim that in the exile years there were democratic elec-
tions every 5 years for the leadership of the party (Nujoma 2001:246). But only two
consultative conferences took place in the decades of exile, and none at all in the 1980s,
the years of the spy drama. suggesting that sWapo was democratic in its practices in
exile is an example of reading back into history what he wants to find there. as sWapo
has never encouraged open discussion within its ranks, it is not surprising to find no
sense of debate in his book, of alternatives weighed, of difficult decisions taken. Critics
are not only dismissed as waverers and traitors: he writes of the elimination of some
puppets like Chief elifas (Nujoma 2001:251) as if assassination was fully justified.


The armed struggle was decisive and victorious
Though Nujoma gives much space in his memoir to the intricacies of the diplomatic
activity in which sWapo engaged, for both him and Namakalu the armed struggle is
presented as being decisive in winning the goal of independence. as the war was fought
to free Namibia from south african occupation, and that goal was achieved in March
1990, it is easy to say that the war was victorious and to see those who fought it as re-
sponsible for that victory. But for all the symbolic significance of the armed struggle,
was it the war itself that brought independence? Might it not even be that the way the
war was fought contributed to the long delay before that goal was reached?


There is certainly much myth in the way Nujoma portrays the war. omugulu-gom-
bashe was not, as he portrays it, a military victory for the liberation forces (cf., Namhila
2005, especially 67), for the south african police attacked and routed the sWapo
guerrilla fighters. in august 1990, on the first occasion on which he and others could
gather at the site of the battle after independence, he said: Now it is a fact of history
that the armed struggle initiated at this place became the decisive factor in bringing
about freedom and independence. in his book he writes: it was the armed liberation
struggle that more than anything else motivated the Namibian people to support the
struggle waged by sWapo (Nujoma 2001:268). like Nujoma, Namakalu claims that,






Chr i s t oph e r Saunde r s


despite occasional setbacks, plaN grew ever stronger and more effective and won victo-
ry after victory. His last page sums up the central problem with his book and Nujomas.
The whole page is devoted to this single sentence: Glory to the Heroes and Heroines of
the Namibian National liberation struggle (Namakalu 2005:188).


Though south africa would never have been persuaded to leave Namibia without
the armed struggle, that struggle was not nearly as significant in bringing about in-
dependence as the works by Nujoma and Namakalu suggest. only very recently has
Nujoma begun to acknowledge that Namibians within the country who did not have
guns also made a major contribution to the outcome (see kössler 2007:382). and what
he says in his autobiography of his almost ceaseless diplomatic activity while in exile is
itself testimony to the significance of the role played by the international community
and those in the outside world who gave sWapo support.


Conclusion
such works give partial, highly selective versions of the past, designed to help legitimise
the present order. in not revealing more about the inner history of the struggle, they re-
flect the dominant culture of sWapo, which is open only within circumscribed limits
and is dismissive of critics. Namibias armed struggle had its heroic aspects, but deserves
to be written about dispassionately. Writing that suggests those who did not agree with
the sWapo leadership can be written out of history is propaganda, not history.


i have tried to show that much of the writing on the Namibian liberation struggle
since independence has been as flawed as the polemical writing designed to further the
struggle when it was still being waged. There is clearly the danger that in Namibia, as
has happened in Zimbabwe, this kind of history will become hegemonic and that a
dogmatic line will be laid down concerning what happened in the past, allowing no
alternative and critical voices. fortunately, in the Namibian case, such voices, if muted,
continue to be heard and there is still some tolerance of alternative perspectives. Two
archival/digital projects now under way may help promote scholarly writing on the lib-
eration struggle from within the country.9 unfortunately for the writing of such history,
the history department at the university of Namibia, always short-staffed, has never
been headed by a professorial Namibian specialist. peter katjavivi became the universi-
tys first vice-chancellor, then followed dr Zed Ngavirue, another oxford graduate, in
taking up a diplomatic post.10 Namibia has had no Terence ranger-like figure to help
galvanise scholarship within the country from outside. one of the consequences is that
much of the history of the liberation struggle, and especially how it impacted ordinary
people in the various regions of Namibia, remains to be told. Will the future bring a
flowering of academic and critical work on the Namibian liberation struggle? or will
Namibia follow the Zimbabwean road, with those in power seeking to replace anything


9. The aluka digital project (www.aluka.org and isaacman et al, 2005) and the archives of anti-
colonial resistance and the liberation struggle project (archives: 2005).


10. i do not mention Zedekia Ngavirues 1972 thesis, not published until 1997, because Political
Parties and Interest Groups in South West Africa (Namibia)
did not concern the post-1966 armed
struggle.






Hi s t o r y a n d t h e a r m e d s t r u g g l e


worthy of the name of history by the kind of propaganda that ranger generously calls
patriotic history? Time will tell.


references
archives of anti-Colonial resistance and the liberation struggle, (2005), Annual Report


200304. Windhoek: aaCrls
Becker, Barbara (2005), Speaking Out: Namibians Share their Perspectives on Independence.


Windhoek: out of africa
Benson, Mary (1966), The African Patriots: The Struggle for a Birthright. Harmondsworth:


penguin
Bhebe, Ngwabi (1999), The ZAPU and ZANU Guerrilla Warfare and the Evangelical


Lutheran Church in Zimbabwe. Gweru: Mambo
(2004), Simon Vengayi Muzenda and the Struggle for and Liberation of Zimbabwe. Gweru:


Mambo
dobell, lauren (1996), Namibias Wall of silence, Southern Africa Report, 11 (4) July
du pisani, andre (2007), Memory politics in Where others Wavered. The autobiography


of sam Nujoma, Journal of Namibian Studies, i (1)
first, ruth (1963), South West Africa. Harmondsworth: penguin
Groth, siegfried (1995), Namibia: The Wall of Silence: The Dark Days of the Liberation


Struggle. Cape Town: david philip
Haarhoff, dorian (1989), The Wild South West. Frontier Myths and Metaphors in Literature


Set in Namibia, 17601988. Johannesburg: Witwatersrand university press
Heitman, Helmoed-romer (1990), South Africas War in Angola. Gibraltar: ashanti
Herbstein, denis and John evenson (1989), The Devils are Among Us: The War for Namibia.


london and New Jersey: Zed
Heywood, anne-Marie (1996), The Cassinga Event. 2nd ed. Windhoek: National archives


of Namibia
isaacman, allen, premesh lalu and Thomas Nygren (2005), digitization, History, and


the Making of a postcolonial archive of southern african liberation struggles: the
aluka project, Africa Today, 52 (2)


katjavivi, peter (1986), The rise of Nationalism in Namibia and its international
dimensions, unpublished d.phil. thesis, oxford university


(1988), A History of Resistance in Namibia. london: James Currey for uNesCo
et al. (eds), (1989), Church and Liberation in Namibia. london and Winchester: pluto
kössler, reinhart, (2007), facing a fragmented past. Memory, Culture and politics in


Namibia, Journal of Southern African Studies, 33 (2) June 2007, pp. 36282
leys, Colin and susan Brown (eds), (2005), Histories of Namibia. london: Merlin
leys, Colin and John saul (1994), liberation without democracy; the sWapo Crisis of


1976, Journal of Southern African Studies, 20 (1) March
(eds), (1995), Namibias Liberation Struggle. The Two-Edged Sword. london: James


Currey
(2003), lubango and after: forgotten History as politics in Contemporary Namibia,


Journal of Southern African Studies, 29 (2) June
Mbumba, Nangolo and Norbert Noisser (1988), Namibia in History. Junior Secondary


History Book. london: Zed






Chr i s t oph e r Saunde r s


Melber, Henning (2005), Namibias past in the present: Colonial Genocide and liberation
struggle in Commemorative Narratives, South African Historical Journal, 54, pp. 98111


Mercer, denis (ed.), (1989), Breaking Contract. The Story of Vinnia Ndadi. london: idaf
(first published in Canada, 1974)


Moleah, alfred T. (1983), Namibia. The Struggle for Liberation. Wilmington: delaware
Namakalu, oswin (2005), Armed Liberation Struggle. Some Accounts of PLANs Combat


Operations. Windhoek: Gamsberg Macmillan
Namhila, ellen (1997), The Price of Freedom. Windhoek: New Namibia Books
Namhila, ellen Ndeshi (2005), Kaxumba kaNdola. Man and Myth The Biography of a


Barefoot Soldier. Lives, Legacies, Legends. Vol. 2. Basel: Basler afrika Bibliographien
Nathanael, keshii pelao (2002), A Journey to Exile: The Story of a Namibian Freedom Fighter.


aberystwyth: sosiumi
National society for Human rights (1996), Critical Analysis. SWAPOs Book of the Dead.


Windhoek: NsHr
Norval, Morgan (1989), Death in the Desert: The Namibian Tragedy. Washington: selous


foundation
patel, Y. and p. Hirschsohn (2005), (ed.), Married to the Struggle. Nanna Liz Abrahams


Tells Her Life Story. Bellville: n.p. A Prisoner in the Garden. Opening Nelson Mandelas
Prison Archive
. Johannesburg: penguin


ranger, Terence (2004), Nationalist Historiography, patriotic History, and the History of
the Nation: the struggle over the past in Zimbabwe, Journal of Southern African
Studies
, 30 (2) June, pp. 21534.


saunders, Christopher (2003), liberation and democracy: a Critical reading of sam
Nujomas autobiography in H. Melber (ed.), Re-examining Liberation in Namibia.
Political Cultures since Independence.
uppsala: Nordiska afrikainstitutet


(2006), review article, Social Dynamics, december
shipanga, andreas (1989), In Search of Freedom: The Andreas Shipanga Story as Told to Sue


Armstrong. Gibraltar: ashanti
shityuwete, Helao (1990), Never Follow the Wolf: The Autobiography of a Namibian Freedom


Fighter. london: kliptown Books
steenkamp, William (1989), South Africas Border War. Gibraltar: ashanti
stiff, peter (2004), The Covert War: Koevoet Operations in Namibia, 197989. alberton:


Galago
sWapo, department of information and publicity (1978), Information on SWAPO: An


Historical Profile. lusaka: sWapo
(1981), To Be Born a Nation. london: Zed
sWapo (1996), Their Blood Waters Our Freedom: Glory to the Heroes and Heroines of the


Namibian Liberation Struggle. Windhoek: sWapo party
Temu, a. and B. swai (1981), Historians and Africanist History: A Critique. london: Zed
Thiro-Beukes, erika, attie Beukes and Hewat Beukes (1986), Namibia. A Struggle Betrayed.


rehoboth: akasia
Vigne, r. (1975), A Dwelling Place of Our Own: The Story of the Namibian Nation, 2nd ed.


london: idaf
Wilson, Monica and leonard Thompson (1969), The Oxford History of South Africa. Vol. i.


oxford: oxford university press
Wood, Brian (ed.), (1988), Namibia 18841994: Readings on Namibias History and Society.


london: Namibia support Committee
Ya otto, John (1982), Battlefront Namibia. london: Heinemann




Commercial land reforms in postcolonial Namibia
What happened to liberation struggle rhetoric?


Phanuel Kaapama


Namibia has a total geographical area in excess of 800 000 square kilometres and a
population estimated in 2007 at two million people. although the country has a very
low population density, most of this land mass comprises semi-arid rangeland, with
low rates of rainfall and infertile soils, making it unsuitable for large-scale agricultural
production. This has created a condition of land scarcity that has over the years re-
mained a source of social tension and indirectly a potential source of violent political
conflict. access to and control of agricultural land ownership have equally remained
a key feature in the Namibian processes of social differentiation and state formation
from precolonial times through the era of colonial rule. Moreover, some scholars and
practitioners share the perspective that given the structural sociopolitical and eco-
nomic legacies from the past, land remains at the heart of the postcolonial processes
of state consolidation, in particular the realisation of the objectives of the policies of
national reconciliation and nation-state building.


These views are predicated upon a number of factors, such as the fact that the
land use and ownership patterns bequeathed to the postcolonial state continue to be
manifestations of the legacy of colonial injustice perpetuated against the indigenous
populations by successive colonial administrations since the 1880s. These injustices
resulted from the fact that the policies and programmes of these governments were
geared to ensuring that the patterns of agricultural land use and ownership during
this historical episode reflected a number of socioeconomic distortions. for instance,
a large part of the countrys best agricultural land, comprising ranches and farms,
was exclusively owned by white commercial farmers. a 1976 study cited in a uNiN
(1985:312) report made the following two observations in this regard. first, that 48%
of these commercial farms were owned by absentee landlords who visited periodically
and left day-to-day operations and management in the hands of white local supervi-
sors. second, the report alluded to the over-concentrated agricultural land owner-
ship structure, in terms of which it was estimated that in the early 1970s close to 40%
of the commercial farms in the eastern cattle-rearing district of Gobabis were owned
by 16% of that areas farmers.


another factor contributing to the heightened status of the postcolonial land re-
form agenda was the fact that mass mobilisation and public galvanisation campaigns
of the forces of liberation were premised not only on ending colonialism as a system
of foreign domination, but also strongly pledged the creation of an environment that
would enable the disenfranchised people of Namibia to engage in socially just proc-
esses of national development. such environment was largely sketched in terms of pri-





0


Phanue l Kaapama


oritising measures to redress the inequalities created by Namibias colonial past, such as
the skewed distribution of commercial agricultural land ownership.


The purpose of this chapter is to revisit the thrust of the liberation struggles
political and economic ideological outlooks with a view to contrasting these critically
against the policies and programmes being pursued by the postcolonial Namibian gov-
ernment. in this process, the chapter will reflect critically on the dominant political
and economic discourses and their respective influences on the content of commercial
agricultural land reform.


articulation of the land question in the context of
the nationalist struggle for liberation
The south West africa peoples organisation (sWapo), founded on 29 april 1960,
became the leading movement in the nationalist struggle for the liberation of Namibia.
sWapo emerged out of the owamboland peoples organisation (opo), which was
founded in 1957 to protest against the deplorable working conditions in the contract
labour system that was enforced by the south african colonial government in Namibia.
sWapo waged its nationalist struggle on three fronts. first, there was the political front
based on the political mass mobilisation of the Namibian people in support of its cause
for the liberation of Namibia. second, there was the diplomatic front that culminated
in sWapos recognition by the uN in 1972 as the sole and authentic representative of
the Namibian peoples aspirations for independence and statehood. Third, there was the
military front, launched on 26 august 1966.


sWapo adopted a number of ideological blueprints to provide political guidance
to the struggle, as well as to guide the articulation of its vision of the postcolonial proc-
esses of economic reconstruction and national development. among these, the most
instructive was the 1976 sWapo political programme, which was akin to the main
body of contemporary socialist thought. it explicitly stated that one of the goals of
the movement was to unite all Namibian people, particularly the working class, the
peasantry and progressive intelligentsia into a vanguard party capable of safeguard-
ing national independence, as well as of building a classless and non-exploitative soci-
ety based on the ideals and principles of scientific socialism (kiljunen 1981:185, 189).
in this context, classlessness was explained as a social arrangement that requires the
fundamental change of thought, custom and approach to the ownership of the means
of production and decisions as to the distribution of the collective output of society
(uNiN 1985:23).


sWapo predicated its embrace of the socialist ideological outlook upon its percep-
tion that the colonial practices and values in the territory were based on the degrading
principles of racial discrimination and remorseless economic exploitation of the black
working class and peasantry, practices entrenched through the mechanism of apartheid
capitalism. These colonial socioeconomic practices ensured the perpetuation of a vicious


. ThetextisanextractfrommyPhDprojectwiththeUniversityofWitwatersrandinJohannes-
burg/SouthAfrica,whichisjointlyfundedbytheUniversityofNamibiaandtheVolkswagen
FoundationsFundingInitiativeforCollaborativeResearchinSub-SaharanAfrica.






C om m e r c i a l l a n d r e f o r m s i n p o s t c o l on i a l Na m ib i a


circle of poverty and deplorable living conditions for the black majority, who were seen
merely as tools for the maximisation of profit for the colonial economy, and could be
discarded when they were deemed no longer useful for that purpose. in view of these
negative images, sWapo argued that the free market system was particularly unsuited
to the postcolonial process of national reconstruction. Hence, in the quest to reverse
the above socioeconomic patterns of colonial exploitation it was deemed imperative for
the government of an independent Namibia to pursue development strategies capable
of securing the full well-being and all-round development of all the Namibian people
(uNiN 1985:1, 24).


angula (1990:34) observed that the peasantry constituted the real force capable of
resisting the forces of colonialism, given their relatively independent means of livelihood
(in comparison with urban workers). Thus the former constituted the decisive force in the
progress and subsequent outcome of the struggle for national liberation. Consequently,
it comes as no surprise that sWapos economic development blueprint gave extensive
prominence to the transformations required to stimulate the development of rural areas.
for instance, the uNiN (1985:36) report stressed that the systems of agricultural land
ownership and organisational structure in independent Namibia would be influenced
primarily by a political ideology oriented towards ending the colonial structure and
modes of production based on the exploitation of indigenous african peasants and farm
labourers by white settler farmers. in this regard, the report proclaimed that under the
sWapo-led government of an independent Namibia the state would become the abso-
lute owner of all agricultural land, although there was to be relative accommodation of
a number of other forms of ownership of the means of agricultural production.


The stated long-term goal of the postcolonial sWapo-led government was the estab-
lishment of fully fledged state farms based on the model of large-scale socialist farming
enterprises, in which the means of production and the resultant output would be owned
by the state. This form of ownership was deemed particularly suitable for a number
of reasons: first, in the context of specialised activities such as plant and/or animal
breeding, as well as seed, horticultural and nursery production; second, state ownership
would be in the best interests of the country by ensuring the quality of agricultural
export commodities and the cost-effectiveness of their production; and third, reshaping
the agricultural system would achieve greater social equity. The report was cognisant of
the widespread failure of state farming in other african countries: hence it advocated
safeguarding against potential pitfalls by providing for the necessary management skills
and the political mobilisation of the peasantry (uNiN, 1985:601).


The second set of agricultural land use and ownership patterns proposed in the
sWapo blueprint were cooperatives based on the combination of private ownership
of land with emphasis on joint cultivation and/or sharing of farm support services, as
well as collectives and communes. it was argued that these forms of ownership would
serve as the nucleus for integrated social and economic development, since they were
deemed to embody higher forms of political and economic organisation in which the
means of production and patterns of distribution of outputs were designed in ways
that enabled realisation of benefits for the whole community. Moreover, these forms of
collective ownership were described as more favourable to the reversal of the colonial
socioeconomic relations based on exploitation, as well as for provision of large resource
bases for accumulation from below. However, the document was also cautious about the






Phanue l Kaapama


prospects for success of production and distribution cooperation based on traditional
communalism. it pointed out, in this regard, that in some transitional societies the
means of ownership readily fell under the control of emerging political and economic
elites, who might be inclined to manipulate the transitional system for their parochial
self-aggrandisement at the expense of the welfare of the general society. Moreover, the
document placed particular emphasis on the need to balance the spirit of group solidar-
ity with the concept of individual responsibility. Consequently, it advocated raising the
sociopolitical consciousness of the community as a whole through educational, political
and organisational self-reliance mechanisms (uNiN 1985:624).


The third form of agricultural land ownership proposed in the uNiN (1985:64)
economic development blueprint for an independent Namibia was individual family
farms on land units leased from local communities. in this regard, rights of ownership
were to vest in individuals and could be passed on from one heir to another. The report
gave cognisance to both the advantages and drawbacks of such a smallholder sector, by
citing its most significant strength as the ability to provide higher yields, as well as to
generate significant employment in comparison with the capital intensive large-scale
agricultural production. on the negative side, it was noted that this form of ownership
tends to be incapable of ensuring an optimal combination of resources adequate credit
and long-term capital, and tends to experience managerial and entrepreneurial weak-
ness. The report, however, rightly noted that some of these weaknesses are attributable
to the lack of appropriate technical packages, partly because of inadequate adaptive
research on this form of agricultural land ownership and use.


The sWapo blueprint, however, also alluded to a number of potential constraints
on the realisation of the radical economic transformation programme envisaged by the
liberation movement. These included the fact that the postcolonial government was
bound to inherit an entrenched and sophisticated capitalist system, with an ingrained
racist character and in all likelihood underpinned by diametrically opposed forces di-
rected from inside and outside the country. it therefore noted that although the broad
political framework would immediately change at independence, inherited institutional
arrangements, with their goals, structures, methodologies, rules and personnel might
persist in the reinforcement of existing socioeconomic disparities (uNiN, 1985:245).


in view of these potential constraints, the documents proposed structuring the post-
independence efforts for national reconstruction in three phases. in the immediate post-
independence period (the first year of independence), the attention of the postcolonial
government would be primarily on instituting appropriate contingency measures to
mitigate the impact of possible impediments and obstructions from the retreating pro-
colonial forces. for instance, in the context of land, the report hinted at the possible
mass exodus of white farmers. Consequently, a two-pronged strategy was envisaged.
first, measures would be instituted for the immediate reversion of abandoned land to
the state, to be administered either as state farms, cooperatives and collectives and/or a
combination of these options. second, the new government would engage in dialogue
with the departing white farmers to ensure the smooth transfer of ownership. such
dialogue could entail offering incentives and compensation packages to farmers who
handed over their ranges intact to the incoming administration. However, the report
noted that sWapo was fully aware that this strategy might create room for the white
farmer community to advance unreasonable demands that might subvert progress to-






C om m e r c i a l l a n d r e f o r m s i n p o s t c o l on i a l Na m ib i a


wards a non-racial and non-exploitative society. Moreover, it cautioned that these short-
term measures might lead to delay in formulating and implementing parallel long-term
strategies to realise a desirable state of socioeconomic affairs. Nevertheless, the report
gave an assurance that a sWapo government was unlikely to accede to any demand
that compromises its social policy (uNiN, 1985:267, 55, 56, 59).


it was expected that the second phase, covering the medium-term timeframe (the
first five years of independence), would see governments attention shift towards the
introduction of measures to realise social justice in the context of a broad-based non-
exploitative agricultural development strategy. in this regard, the report noted that:


& since the colonial structure and mode of production were based on the exploitation of
the africans by the white settler farmers & any continuation of extreme inequalities with
minor reforms would & manifestly fail to meet popular expectations forged over decades of
suffering and anti-colonial struggle.


Therefore the key objective of sWapos economic development was the total transfor-
mation of the undesirable historical, structural, ideological and political parameters that
had, over the years, led to the perpetuation of conditions of socioeconomic underde-
velopment. it envisaged that the necessary structural changes would be undertaken in
the context of a comprehensive rural development strategy with a view to restoring the
land to the tillers. it was also envisaged that these undertakings would effect a series of
positive changes in the living standards of the low-income rural masses. furthermore,
the report cautioned against the emergence of a privileged bureaucratic class and advo-
cated deliberate measures to safeguard against the situation elsewhere in postcolonial
africa where prominent politicians, public servants and urban-based economic elites
manipulating the system to appropriate large areas of the best farming land to them-
selves (uNiN, 1985:278, 56).


The third phase (covering the timeframe beyond the first five years of independence)
was to be devoted to achieving long-term growth, as well as the full realisation of the
objectives of social and distributive justice. This was to be done on the basis of a series
of systematic schemes to adjust incentives, land tenure systems, agricultural production
patterns and farm inputs, as well as by organising the peasantry into associations, coop-
eratives and other economic group activities.


The nature of the independence transition and its implications
for land reforms
after the successful implementation of uN security Council resolution 435 in 1989,
which paved the way for the independence of Namibia (eventually attained on 21 March
1990), sWapo, having won the highest number of votes in the 1989 transitional na-
tional elections, established the first postcolonial Namibian government.


However, as the uNiN (1985:25) report had correctly anticipated, the manner in
which independence was attained had major implications for the implementation of
the transformation-oriented socioeconomic development agenda envisaged by the lib-
eration movement. in particular, the report noted that the direction and progress of
the postcolonial rural development initiatives would hinge on the extent to which the






Phanue l Kaapama


incoming government had the wherewithal to implement its declared political commit-
ments to eradicate injustices, inequality and exploitation (uNiN, 1985:55).


in this regard, the nature of the independence transitional process placed a number
of constraints on the pursuit of postcolonial transformation in the domain of com-
mercial agricultural land as envisaged in the sWapo economic and social blueprint.
for one thing, the strategies outlined in sWapos economic development blueprint
were overly premised on the anticipated mass exodus of the white population and the
subsequent abandonment of land. However, because of the nature of the dynamics that
unfolded during the transition to independence and its immediate aftermath, only a
handful of white farmers left the country.


second, another key factor in the transition to independence that reputedly precluded
pursuance of the radical socioeconomic transformation envisaged by sWapo was the
security Councils imposition of the 1982 constitutional principles. These represented a
number of constitutional preconditions for an independent Namibia that would have to
be met if the country was to be admitted into the community of independent nations.
Thus, article 16 (1) of the constitution of the republic of Namibia states that:


all persons shall have the right in any part of Namibia to acquire, own and dispose of all
forms of immovable or movable property individually or in association with others and to
bequeath their property to their heirs or legatees: provided that parliament may by legislation
prohibit or regulate as it deems expedient the right to acquire property by persons who are
not Namibian citizens.


However, article 16(2) further states that: The state or a competent body or organ au-
thorized by law may expropriate property in the public interest subject to the payment
of just compensation, in accordance with requirements and procedures to be deter-
mined by act of parliament.


Thus, as cautioned in the uNiN report (1985:55), the post-independence govern-
ment would only be able to institute its anticipated transformatory agenda if the post-
independence constitutional framework was exclusively formulated and adopted by
the representatives of the Namibian people, acting freely, without preconditions that
entrenched the rights of private ownership of the principal means of production. There-
fore, in the eyes of the descendants of the victims of settler colonialism the interna-
tional communitys imposition of the 1982 constitutional principles is seen as an alibi
to safeguard vested socioeconomic interests that were established through colonial theft
and plunder and as providing an inappropriate basis for pursuing meaningful national
reconciliation based on principles of restorative justice and for promoting equitable and
sustainable national development processes. proponents of this view draw on the ob-
servation by Moyo and Hall (2004:2) that while some countries with historic problems
over land were supported by their former colonial masters to resolve these disputes,
reparation and restitution for colonial losses in africa have not been adequately ad-
dressed either academically or in the aid packages that are extended to these countries.
The key players in the Western Contact Group that sponsored the 1982 principles have
come under a barrage of criticism for having acted in bad faith by clandestinely prioritis-
ing the protection of the vested interests of their economically privileged land-owning
kith and kin.






C om m e r c i a l l a n d r e f o r m s i n p o s t c o l on i a l Na m ib i a


it is equally important to acknowledge that the Namibian transition to independ-
ence coincided with the ascendance of the neoliberal governance model. Not only was
this model seen as a viable idiom for state design and reconstruction, but also its adop-
tion became a prerequisite for the accommodation of emerging and/or reformed states
within the context of the international politics of development aid, aid that was instan-
taneously needed to kick-start their reconstruction and development processes (okoth-
ogendo, 2000:467). Thus, the need to embrace the principle of economic neo-liberal-
ism is said to have arisen from these geopolitical shifts at the global level.


perhaps in anticipation of these constraints, the central message of the sWapo
political programme was significantly watered down. The sWapo election manifesto
(1989:12) for the crucial 1989 transitional elections embraced the ideals of solidarity,
freedom and justice as the beacons to guide the movement towards the future and con-
stituted the thrust of sWapos philosophy of government. The document elaborated
on these ideals as follows. solidarity: in view of the fact that the struggle was not only to
liberate the black majority from colonial domination but also to emancipate the whites
from the narrow and dehumanising confines of class and race privilege, the sWapo
government pledged to institute concrete actions to promote fraternal and human so-
cial relations, in particular to address the essential needs of all Namibian people who
find themselves in a difficult social and economic plight. freedom: sWapo pledged
that a sWapo-led government would uphold the wide array of democratic rights and
freedoms, including the right to property, and went on further to state that in a liber-
ated Namibia under a sWapo led government, freedom will mean an opportunity for
all Namibian people to realise their potential & and [will direct] the development of
our society in a way that creates the necessary material requirements and achieves higher
forms of social consciousness. Justice: The manifesto was highly critical of the policies
and social practices perpetuated by the colonial ruling class, which it accused of being
responsible for the division of the Namibian society into two distinct social groups:
the landless and property-less black majority, on the one hand, and the propertied and
privileged white minority, on the other. on this basis, it committed a sWapo-led
government to the task of ensuring that social justice and equality for all would be the
fundamental principle governing the decision-making process in an independent Na-
mibia. The manifesto further stated that in order to bring about social justice and heal
the wounds of colonial oppression, the sWapo led government will not only restore
the Namibian peoples lost political and legal rights, but will also effect a fundamental
social, industrial and economic change.


With regard to land reform, the 1989 manifesto reaffirmed the movements com-
mitment to redressing the imbalances created by colonial policies of land allocation
on a racial basis, but also made provision for private land ownership in addition to the
three forms of land ownership stipulated in the uNiN economic blueprint cited earlier
(sWapo 1989:910).


The implications of these ideological changes were explained by the then sWapo
secretary of information and publicity and later minister of information and broad-
casting, Hidipo Hamutenya, in an address to the Windhoek regional conference of
the Namibia National students organisation (NaNso) two months before independ-
ence (January 1990). He affirmed sWapos conviction that socialism was seen and
embraced by the victims of oppression and exploitation as the only saviour which can






Phanue l Kaapama


deliver them from the hardships imposed by colonialism. He noted, however, that the
prospects for socialist transformation in africa and in particular Namibia did not ap-
pear that bright at that time. He predicated these doubts on the fact that the goal of
socialist transformation and the application of socialist concepts to african situations
had suffered from both theoretical inadequacies and practical drawbacks. These had led
to the adoption of notions such as african socialism which are used to cover up the
contradiction between the politicians public espousal of socialism and the lack of it
with regard to the economic policies of african countries, which call themselves social-
ist. However, he insisted that there were prospects for and the promise of successfully
pursuing the desired socioeconomic transformation, provided the right foundations
were laid. in particular, he strongly refuted claims that socialism and democracy were
inherently irreconcilable by insisting that the latter needed to be an essential part of
the former. Hence, he argued, the democratisation of Namibian society was necessary
before the process of socialist transformation could commence.


postcolonial commercial agricultural land reforms:
prospects and challenges
The 1991 national conference on the land question
immediately after the attainment of independence, the new Namibian government con-
vened the landmark 1991 National Conference on the land Question. it was attended
by 500 delegates representing the broad spectrum of sociopolitical, economic and cul-
tural interests from all corners of the country. The purpose of the conference was to
provide a consultative platform for fostering national consensus on the volatile issue of
postcolonial land reforms. This was done with a view to providing, based on broader
public input, a solid basis for the formulation of policy on land reform and the prepara-
tion of a programme of action.


The conference adopted 24 recommendations in the form of consensus resolutions
that have since served as fundamental guiding principles for government policy. it was
noted by Harring and odendaal (2002:31) that although these recommendations were
not legally binding on the Namibian government, they nevertheless have remained
highly influential in the shaping of all subsequent major land reform principles, policies
and programmes.


The consensus resolutions included a statement acknowledging that there was in-
justice concerning the acquisition of land in the past and something practicable must
be done to rectify the situation. other consensus resolutions included the adoption of
the principle of Willing-seller Willing-Buyer (WsWB), which according to Moyo et al.
(2004:1) implies that those holding land ownership rights retain full discretion in de-
ciding when and how to make their land available for sale, while prospective buyers (be
they individuals or the government acting on behalf of the state) can only contemplate
acquiring commercial agricultural land when it is offered for sale. Hence, under the
WsWB regime of agricultural land reform, the rights and interests of existing landown-


. SocialismCanWork:ButWeFirstNeedtoDemocratizeOurSociety,The Namibian, Janu-
ary0.






C om m e r c i a l l a n d r e f o r m s i n p o s t c o l on i a l Na m ib i a


ers are fully protected, as they are neither compelled to sell against their will nor at a
price with which they are not fully satisfied.


However, it was noted by latiff (2005:1) that the WsWB principles are a value-
laden concept referring to an imaginary ideal rather than actual practice. The meaning
of the concept will be influenced by the context within which it is applied. as a result,
the application of WsWB principle can often become an ideological battleground by
assuming the status of a non-negotiable issue among landowning classes and becoming
an object of contempt for the landless and their sympathisers.


some commentators have noted that in the Namibian context the decision of the
land conference regarding the adoption of WsWB derived from article 16 of the Na-
mibian constitution. This would account for its subsequent infusion into the agricul-
tural (Commercial) land act (act No. 6 of 1995), which structures the legal proc-
esses for the redistribution of commercial land in Namibia. However, the act reserved
governments preferential rights to purchase land that comes on to the market at the
expense of other bidders who may be willing to pay a higher price or be the sellers buyer
of choice. However, this provision was not fully adhered to, as it was circumvented by
some land owners who opted to convert their farms into business entities (e.g., closed
corporations) and later traded them as a corporate concession to preferred buyers, in-
cluding foreign nationals. The loophole was addressed in the second Commercial agri-
cultural land reform amendment act.


The provision that accords preferential rights of purchase to the state has come in
for criticism especially from propertied interest groups and neoliberal economists, who
construe it as hindering free trade in agricultural land and blame it for preventing the
realisation of the real monetary value of the land by sale or by bonding at the bank. pro-
ponents of this view argue that if one takes all farms in Namibia, about 5,000 at 5,000
hectares each at a price of N$ 500 per hectare in the year 2006, their combined value
would be about N$ 12.5 bn. However, if ownership of this land could be traded freely
without with land reform constraints between any willing-seller and any willing-buyer
from anywhere, the same land would be valued at N$ 50 bn. it is further argued that the
negative impacts of these constraints are also manifested in the reluctance of potential
investors to put their money in eco-tourism and other land-based business ventures, for
fear that they will not be allowed to sell the land and all its added fixed assets for the
highest price possible. as a result, agricultural land reform stands accused of having
created a situation whereby the largest amount of capital available for the countrys
prosperity remains locked away in untradable land.


The suitability of the WsWB principle has come under increasing scrutiny from
those sympathising with landless groups, who blame it for resulting in procrastination
in the land reform process in view of the apparent reluctance of landowners to dispose of
their land to the state for the resettlement of landless peasants and farm workers. Those
sharing this concern reiterate the view that their apprehensions concerning the WsWB
principle cannot be taken lightly, since the same principle has failed spectacularly in
Zimbabwe, where it operated for close to two decades after independence. The southern
african regional poverty Network (sarpN) (2003:89) attributed this failure to the


. MultimillionaireDreamsofTurningNamibiaintoaGamePark,The Namibian,September
00.






Phanue l Kaapama


fact that although the willing-buyer side of the equation was there most of the time,
progress was hampered by the absence of the willing-seller side of the bargain.


in this regard, kaumbi (2004:93) took issue with the argument that the WsWB
principle derived from the Namibian constitution by pointing out that the relevant arti-
cle expressed itself on the issue of the payment of fair and just compensation where pri-
vate property is expropriated by the state, and therefore does not mention the WsWB
principle. He further reasoned that the mere fact that the Namibian constitution makes
provision for the state to expropriate private property where such action is deemed to
be in the public interest in itself signifies a departure from the WsWB principles de-
fined above. He thus concludes that the attribution of WsWB to the constitution, one
of the foremost reasons for the lack of timely implementation of necessary structural
changes to the landownership pattern, could be construed as a blatant misinterpreta-
tion of the constitution. Harring et al. (2002:11) share this view by noting that article
16 of the constitution does not require WsWB, for it clearly sanctions expropriation of
land without regard to the willingness of individual sellers. furthermore, they hint that
article 16 must also be read in the context of the constitutional obligation to affirmative
action, as stated in article 23(2):


Nothing contained in article 10 hereof shall prevent parliament from enacting legislation
providing directly or indirectly for the advancement of persons within Namibia who are so-
cially, economically or educationally disadvantaged by past discriminatory laws or practices,
or for implementation of policies and programmes aimed at redressing social, economic or
educational imbalances in the Namibian society arising out of discriminatory laws or prac-
tices &


This apparent discrepancy is a probable reflection of the delicate political ground the
government was treading in the process leading to the passage of the Commercial agri-
cultural land reform act, in particular its need to keep the confidence in the economy
of commercial farmers and potential investors.


The uNiN (1985:556) report gave the assurance that sWapo was not only aware
of, but also prepared to deal with the transitional pitfalls that could result in the ma-
nipulation of the system by those yielding economic power with a view to retaining
control over the means of production. a sWapo government, it pledged, was unlikely
to accede to any demand that compromises its social policy. The opposite, however,
seems to be the case. although the WsWB principle has been hailed by some powerful
international institutions and their local proxies, it has remained a thorn in the flesh of
those whose ancestors lost land to the settler colonialism pursued by successive colonial
administrations and of all those who engaged in and/or supported the nationalist strug-
gle for the liberation of Namibia. rather than helping to resolve conflicting claims and
interests in the agricultural land reform process, the application of WsWB principles
seems to have solidified social tensions between those benefiting from the status quo
and those who sees themselves as victims of the perpetuation and sanctioning of colo-
nial land theft.






C om m e r c i a l l a n d r e f o r m s i n p o s t c o l on i a l Na m ib i a


The land resettlement programme
at independence, the Namibian government initiated the land resettlement programme
under the auspices of the Ministry of lands, resettlement and rehabilitation (Mlrr).
This was the agency entrusted with acquiring land on behalf of the state for the reset-
tlement of landless small-scale farmers on a leasehold basis. The operational procedure
of this scheme is rather simple, in that upon the states acquisition of commercial ag-
ricultural farmland the deed of ownership is registered in the name of Mlrr, which
assumes responsibility for regulating the property rights in respect of the land in ques-
tion. The programme seems to be primarily informed by a welfarist slant on social
reforms, in the sense that it is undertaken mainly with the view to providing previously
disadvantaged persons with the indirect means for acquiring agricultural land. The pri-
mary rationale of this programme is to facilitate upliftment of the beneficiaries so they
can achieve acceptable levels of social and economic development in order to support
themselves (Harring et al., 2002:99). Thus,in view of its underlying principles, it may be
concluded that of the two postcolonial commercial agricultural land reform initiatives,
the land resettlement programme seems to come closest to the three forms of agricul-
tural land ownership envisaged in the sWapo economic blueprint for an independent
Namibia.


in order to illustrate the complexities underpinning the implementation of the re-
settlement policy, Harring et al. (2002:96) outlined the three processes involved. first
there was the process to earmark resources for acquiring sufficient land for resettlement.
second, there is the selection of beneficiaries, a process that can become politicised and
is fraught with possibilities for fraud and which therefore requires utmost transparency
in order to preserve the integrity of the land reform programme. Third, there is the in-
stitutionalisation of effective and efficient support mechanisms for the resettled farmers
in order sustain the productivity of the land as well as the viability of the resettlement
programme.


Nevertheless, the implementation of the land resettlement programme seems to be
riddled with numerous challenges that have greatly contributed to procrastination and
delays in its implementation. downgrading of the ability of this programme and of
government initiatives for integrated rural development and poverty reduction to have
the desired positive impact on the targeted populations. for instance, Mlrr has been
unable to attain its anticipated target for the redistribution of 9.5 million hectares of
land (approximately 25% of the total commercial agricultural land) within the five-year
period (200005) of the second National development plan (Ndp 2). in this regard,
Harring et al. note (2005:96) that only 90 farms were acquired in the first ten years of
independence. at this pace, government would acquire only 900 farms in 100 years, or
less than 20% of the total number of commercial farms in Namibia.


Harring et al. (2002:97) further note that Mlrr acquires isolated farms as they
are offered for sale, charging that this piecemeal approach to land reform is unlikely to
be effective. instead, they advocate the adoption of alternative broad and transparent
approaches consistent with a similarly broad programme of agricultural development,
which would entail the proactive identification of major regions within which to acquire
blocks of farms for resettlement purposes.




0


Phanue l Kaapama


Moreover, it is alleged that the process of allocating farmland through the resettle-
ment programme has become highly politicised and is therefore wanting in transpar-
ency (sarpN 2003:21). as a result, it is alleged that the economics of affection have
found expression in the ties of political patronage, which are being exploited by some
political office bearers and bureaucrats as elaborate avenues for preferential treatment
of party stalwarts, as well as of friends and relatives of the ruling elite. in this regard,
Horsthemke (2004:88) has alluded to the absence of sound criteria for the selection
of the beneficiaries of resettlement programmes, resulting in few checks and balances
against rent seeking and free-riding behaviour. Van den Brink has cautioned against
excessive centralisation in the planning and administration of the processes for selecting
beneficiaries, resettling them and providing them with infrastructure and other support
services, as this may spawn costly and paternalistic bureaucratisation (Van den Brink,
2002:18).


Testimony of this are the controversies ignited by allegations of maladministration
of the resettlement process in the omaheke, such as fact that poor farm workers and
their families faced with threats of eviction were brushed aside, while Mlrr opted to
allocate land to high ranking civil servants and political office bearers, despite their high
salaries, which meant they could easily afford to acquire farms through the affirmative
action loan scheme (aals). These glitches resulted from a number of policy oversights,
such as the absence of a framework for dealing with the farm workers on farms acquired
by the state for redistribution, or even with regard to farm workers already on farms
that are reallocated to new owners under the governments land resettlement scheme.
Moreover, although the national resettlement policy of 1997 originally identified five
main target groups for resettlement, including evicted farm workers, in the 2001 white
paper on the national resettlement policy, farm workers and other landless peasants
were moved down a few notches on the priority list of targeted beneficiaries in the sense
that the new criteria included all Namibian citizens who were socially, economically or
educationally disadvantaged by past discriminatory laws and practices, irrespective of
their present socioeconomic status (Werner 2004:20).


in another instance, an Mlrr official in the omaheke region himself became a
beneficiary of the scheme for whose administration he was responsible when he was allo-
cated a resettlement farm. To make matters worse, he opted to lease his newly acquired
farm to the previous white owner of the farm, as well as to two other persons who later
accused the official of having misled them into believing that they were jointly resettled
on this farm.


These malpractices occurred despite the fact that the sWapo economic blueprint
advocated safeguards against the possible disproportionate influence of the privileged
bureaucratic and economic classes that could lead to abuse by prominent politicians,
public servants and urban-based economic elites in their efforts to appropriate large
areas of the best farming land for themselves (uNiN 1985:56). Mlrr is empowered to
allocate user rights to targeted beneficiaries on a leasehold basis, with a view to provid-


. GovernmentOfficialThreatentoBootFarmworkerandNothingWrongWithLandforthe
Privileged,The Namibian, 0andNovember00.


. ResettlementStorySparksPanicinOmahekeandLandAbuseExposed,New Era, and
March00.






C om m e r c i a l l a n d r e f o r m s i n p o s t c o l on i a l Na m ib i a


ing the recipient with relatively secure property rights. for instance, the beneficiaries
can use, bequeath, mortgage and modify the property, although these user rights are
supposed to be closely regulated by the state.


according to the Mlrr, resettlement beneficiaries are entitled to 99-year leasehold
agreement, which is supposed to be registered with the deeds office upon its formal cer-
tification. The importance of clearly stipulated and understood legal rights with regard
to land derives from the fact that land confers on the beneficiaries the sense of owner-
ship, as well as the social status that accompanies land ownership. However, it was noted
by Harring et al. (2002:1001) that while the Mlrr may have attempted to meet its
legal obligations, most of the resettlement beneficiaries who interacted with their study
team were not fully aware of their legal rights to the land they occupied. for instance,
were the legal rights conveyed to beneficiaries through these 99 year leases renewable?
Would the families of the direct beneficiaries inherit these properties as a matter of
right or would the Mlrr have a role in approving such transfers? these leases be sold or
traded? if used as collateral for loans, could these leases be foreclosed by banks and other
financial institutions? Could beneficiaries be ejected from their leases for bad behaviour,
etc? in this regard, the informants hinted that although in theory land leases given to
beneficiaries could be used as collateral, in reality it has proven difficult for them to ac-
cess loans from both commercial and developmentally oriented financial institutions by
using their allocated land as collateral.


The problem of legally defined land rights needs to be looked at as part of a bigger
problem that has faced many landless Namibians since the pre-independence era, in
particular the socially disenfranchised poor segments. it has been noted by Harring
et al. (2002:101) that the legal status of most landless Namibians is less than the legal
status of their economically privileged counterparts, who generally own their land in
freehold. Thus, most landless Namibians often hold a legally undefined usufructuary
interest in communal areas, or undefined squatters rights in the hundreds of informal
peri-urban settlements scattered across the country.


Moreover, the process of resettlement brings together groups of settlers from differ-
ent communities and different parts of the country, often speaking different languages
and possessing varying human and socioeconomic capabilities. according to Harring et
al. (2002:96), immense social effort is required to organise these diverse individuals into
functioning new communities. Clearly defined, understood and enforced land rights are
a necessary ingredient in the social stabilisation of these newly forged communities.


another expressed concern relating to land resettlement is the economic viability of
the programme. such concerns mainly arise from the fact that the price of commercial
agricultural land in Namibia has continued to increase in relation to the profit that can
be made from commercial farming activities. sherbourne (2004:8) urged government
to resolve the economic dilemma by deciding either to continue subsidising the unprof-
itable land reform programme or, alternatively, to simply allow those who can afford
to farm to reap the benefits of the agricultural land reform process. However, it has
been noted by Harring et al. (2002:301) that the colonial dispossession of land from
indigenous african communities from which the postcolonial structure of land tenure
in Namibian derives was not a market-driven exercise, but was also a heavily subsidised
government enterprise. Thus, one must balance the argument that land reform is expen-
sive with the cost of seizure borne by the original owners of the land, as well as the cost






Phanue l Kaapama


of converting the land into the commercial farms that they are today. However, the duo
of scholars expressed their doubts as to whether land reform is the most socially or eco-
nomically efficient way to advance affirmative action and/or welfare schemes designed
to uplift and improve the living conditions of the masses of poor people in Namibia.


kaumbi, by contrast (2004:93), argues that during both the anti-colonial resistance
and the subsequent nationalist liberation struggle local indigenous people paid for the
land with their blood. He therefore insists that although postcolonial land reform may
be costly, this brutal reality dictates that this cost must be incurred sooner or later in
order to avoid repetition of this cruel fate.


some critics hint at the potential danger arising from the policy to convert large eco-
nomically viable agricultural units into smaller re-demarcated and partitioned farming
units for the purpose of resettling landless households. for instance, its was noted by
Harring et al. (2002:98) that given the countrys aridity, most available agricultural land
has a low carrying capacity for livestock production, while the small plots intended for
crop cultivation are equally unlikely to provide meaningful employment for the reset-
tled farmers. it is also feared that the small size of the resettlement allotments present
the threat of overgrazing that could ultimately lead to land degradation and the subse-
quent reduction of the productivity of the land


some commentators have, however, noted that the greatest impediments to the pro-
ductivity of small landholding units under the resettlement programmes arise from the
inadequacy of the support being extended to resettled farmers. as a result, resettled
peasants, farm workers and pensioners with limited sources of income are unable to
productively utilise their newly acquired land. This is despite the fact that sWapos
pre-independence economic development blueprint acknowledged a number of poten-
tial weaknesses that could undermine the viability of smallholding units, such as the
inability to combine resources and to attract adequate credit and long-term capital, as
well as managerial and entrepreneurial weaknesses. These challenges were, however,
attributed to the lack of adequate research on agricultural production based on small
landholdings. Moreover, the Mlrrs 1997 draft white paper on resettlement limited
support to beneficiaries of the resettlement programmes to the first five years of resettle-
ment. This assumed that over this period they would acquire the necessary experience
and self-confidence to sustain themselves. However, this provision was reformulated in
the 2001 white paper, which stated that the duration of support would be determined
progressively in accordance with the types of resettlement and the categories of benefi-
ciaries. Moreover, Harring et al. (2002:13) noted that moneys made available through
annual budget appropriations are primarily earmarked for land acquisition, with little
provision being made for infrastructural and training needs and other related empower-
ment programmes for resettlement beneficiaries. The second Commercial agricultural
land reform amendment act was enacted in May 2001 to ease the constraints im-
posed by these allocational discrepancies.


in this regard, Harring et al. (2002:989) refer to the skoonheid resettlement
project. started in 1993, it had no elaborate scheduled development plans for achieving
sustainability, with the result that seven years after its commencement the beneficiaries
remained heavily dependent on monthly food handouts from government. Consequent-
ly, Harring et al. cautioned against beneficiaries developing dependency syndromes and
emphasised the view that sustainability was only achievable through systematic schemes






C om m e r c i a l l a n d r e f o r m s i n p o s t c o l on i a l Na m ib i a


to provide resettled farmers with the necessary human, technical and infrastructural
operating capital. in their view, such schemes could be implemented over a longer pe-
riod of ten to 15 years, provided they were subjected to independent monitoring and
evaluation processes and provided Mlrr was willing to intervene and restructure fail-
ing projects.


However, looking at some of the challenges that have bedevilled the land reset-
tlement programme since its inception, it seems that government has been unable to
institute a fully integrated and effective package of intervention that combines the al-
location of land with the corresponding agricultural and other support services. This
implies that the current difficulties being experienced by resettled farmers cannot be
seen as reflecting any inherent inferiority in small landholding agricultural production.
This misconception is attested to by Harring et al. (2002:98), who note that although
the perception that resettlement beneficiaries are loafers is echoed by parliamentarians,
in their own field study of ten resettlement projects they came across people desirous of
making a living but frustrated by the lack of adequate support. They warn against the
danger of some resettlement projects becoming rural slums and dumping grounds for
poor people.


The alleged abuses and inefficiencies cited above cannot be looked upon lightly, since
they may lead to the substitution of hope and enthusiasm by frustration and disillusion-
ment and ultimately foment class and ethnic conflicts.


The Affirmative Action Loan Scheme (AALS)
The patterns of commercial agricultural land tenure inherited from the colonial dispen-
sation had been structured by government subsidised-loans for commercial agricultural
land acquisition and development (Harring et al., 2002:17). Thus, in its quest to redress
the racially skewed commercial agricultural land ownership patterns, the Namibian
government amended the pre-independence land Bank act (No. 13 of 1944) through
agricultural Bank amendment act 27 of 1991. section 46 (1) (a) of the latter em-
powered the minister responsible for the agricultural and rural development sectors to
provide funds


& for the purpose of enabling any person who undertakes to carry on farming or other
agricultural operations to acquire with a view to such persons advancement contemplated in
article 23 (2) of the Namibian Constitution or otherwise, agricultural land or enabling any
such person to carry on farming or other operations on any agricultural land occupied by
him/her, whether or not such land is the property of such a person.


subsequently, in 1992 cabinet introduced the aals under the auspices of the agricul-
tural land Bank of Namibia to promote several land and agrarian reform objectives.
first, it was to promote private agricultural land ownership for previously disadvan-
taged Namibians to enable them to become fully fledged commercial farmers, capable
of penetrating the lucrative agricultural commodities export markets. second, it was
to encourage the relocation of farmers with many livestock from communal areas to
commercial farmland, thereby freeing up land for those with fewer livestock, as well as
relieving the pressing problems of overgrazing and desertification on communal agricul-
tural land (sherbourne 2004:1415).






Phanue l Kaapama


in this regard, aals was designed to encourage agrarian capitalist change by dis-
persing capital on favourable terms to previously disadvantaged emerging farmers to
enable them to acquire land through market-based mechanisms. Hence, contrary to its
redistributive-inclined liberation struggle ideology, the sWapo-led government opted
for top-down accumulative agricultural land reform. The presupposition here was the
parallel development of medium- and large-scale black autarkic farming units capable
of penetrating the lucrative commercial agricultural sector, previously the exclusive pre-
serve of a handful of white commercial farmers.


Concerns abound regarding the apparent inclination of the emerging black elite not
only to amass more than one farm but also to choose farmland closest to markets and
with good soil and water. The poor landless peasants and workers, meanwhile, are left to
languish as a result of artificial scarcities of land. This is the situation described by Moyo
et al. (2004:5, 11) as a generalised but locationally narrow form of land concentration
from below, based on internal processes of local agrarian and power differentiation.


Moreover, discontent is also being expressed about aalss possible role in raising
the price of commercial agricultural land, and its consequent indirect contribution to
the current snails pace of the resettlement programme. sherbourne (2004:14, 16), based
on his review of commercial farmland transaction data at the office of the registrar of
deeds, noted that the average prices paid by aals farmers have been much higher than
for other buyers. as a result, he has expressed the need for a critical examination the
ways in which the current scheme has supported the subsidisation of land acquisition by
the emerging economic elite, as this may be contributing towards the upward spiral of
commercial agricultural land prices to the detriment of broader-based land reforms.


He (2004:17) has also expressed the fear that the strategy of encouraging previously
disadvantaged persons to venture into commercial agricultural farming on the assump-
tion that such ventures are inherently profitable could prove to be unsustainable in the
long run, and may amount to what he terms setting them up for failure. He explains
this concern through a hypothetical illustration of a formerly disadvantaged beneficiary
of the aals who takes out an investment loan of N$ 2.5 m for land and livestock, as
well as infrastructural improvement and equipment. The potential annual income of
such a farmer is estimated to be N$ 280,000, whereas his/her annual loan repayment is
estimated at N$ 313,000. sherbourne concludes that the profitability of such a typical
farming venture would remain but a distant dream (sherbourne 2004:910). Given the
high cost of land, he goes on to argue that profitability in the commercial agricultural
sector will only be possible where the prospective farmer does not have to purchase the
land but acquires it as an inheritance or gift. His conclusion is that the current forms
of land reform in general, and aals in particular, could end up being the exclusive
preserve of the rich urbanised black elite with the wherewithal to subsidise their newly
acquired farms from their other, principal sources of income.


some of the above conclusions seem to be seriously flawed and contradictory in a
number of respects. for instance, the hypothetical illustration totally overlooks the fact
that some aals beneficiaries are drawn from the ranks of already established and suc-
cessful farmers in the communal areas, who had, over the years, been able to accumu-
late productive capital in the form of livestock, equipment, savings etc. Consequently,
they may not find themselves in the financial predicament envisaged by sherbourne.
secondly, sherbourne (2004:14) notes elsewhere in his paper that full-time farmers ac-






C om m e r c i a l l a n d r e f o r m s i n p o s t c o l on i a l Na m ib i a


counted for 41% of the aals beneficiaries by october 2003. furthermore, this group
enjoys favourable terms, such as a three year grace period, after which the interest pay-
ments on their loans gradually rise over six years before reaching the agriBanks normal
lending rate. one is therefore flabbergasted as to how he arrived at some of his conclu-
sions. Thirdly, elsewhere in his paper sherbourne (2004:14) also notes that a casual
drive through Namibias commercial agricultural farmlands suggests a trend towards
diversification in land use, including tourism, trophy hunting, game lodges, wildlife
photography and adventure sports. This suggests that traditional commercial farming
is no longer seen as the optimum form of land use. since nothing prevents previously
disadvantaged farmers from also diversifying land use patterns on their newly acquired
farms, one is therefore left to wonder why sherbourne believes that the emerging com-
mercial black farmers are being set up for failure.


The Commercial Agricultural Land Tax Act
as pointed out by atwood (lund 2000:14), different people acquire and/or hold on to
farmland for different reasons, some of which can lead to poor utilisation of land and
hence culminate in the reduction of national economic output, as well as the role of
land in the social reproduction of society. for instance, the primary interest of prospec-
tive and current landowners in their land may be as an investment portfolio with high
potential for appreciation, or as a hedge against inflation, a tax shelter, or as a means for
accessing subsidised credit. The taxation regime in place in Namibia is being blamed for
encouraging people to purchase and/or hold on to agricultural land for reasons other
than its productive potential, since they are allowed to offset farming losses against the
profits from their other business ventures. Therefore, it is argued that some people buy
farms to reduce their tax liability. as Moyo et al. note (2004:12), such loopholes can be
exploited to conceal land underutilisation.


for instance, Harring et al. (2002:7) estimated that as much as 6080% of Na-
mibian commercial farms are not profitable and are very heavily in debt and only about
30% of all farmers are essentially debt free. They attribute this to the heavy subsidisa-
tion of the Namibian commercial agricultural sector during the era of colonial rule, as
well as the fact that commercial agricultural land was not taxed prior to 2005. These
circumstances contributed to the tendency of individual farmers to continue to manage
unprofitable farms. They note that any effort to tax agricultural land would likely force
most commercial farms out of business and put these farms in government hands


in addition, sherbourne (2004:14) has observed that some of Namibias economic
elite tend to acquire farms merely as places to visit occasionally with a view to enjoying
a rural lifestyle in contrast to the urban lives that they have become accustomed to.


These tendencies are also blamed not only for the exorbitant escalation of prices
of farmland, but also for the misallocation of resources, and hence the reduction of
societys aggregate welfare through the disproportionate redistribution of wealth and in-
come in favour of a small economic and political elite at the expense of the economically
disenfranchised majority. for instance, Moyo et al. (2004:7) point to the trend whereby
large tracts of farms are concessioned and sold to private investment companies, as
well as the consolidation and conversion of farmland into large-scale conservancies for
exclusive wildlife use and other nature-based economic activities. although these land






Phanue l Kaapama


use patterns are justified by those involved as promoting the sustainable use of natural
resources in fragile areas, critics point to the fact that in some cases they perpetuate
the exclusion of landless segments of society from what is at times their only available
source of livelihood. a classic example of this situation is the much publicised dream
of the south african-based property developer and owner of the 65,000 hectare erindi
Game lodge near omaruru, Gert Joubert. on the pretext of a promise to attract 2 to
3 million tourists to the country every year, he proposed turning the whole of Namibia
into a vast game park across which animals could migrate freely, while the only internal
fences would be those around towns and villages.


as Moyo et al. (2004:7) observe, such schemes could undermine integrated rural
development strategies, since farmland ends up being directed away from locally ar-
ticulated development goals more relevant and beneficial to the specific interests of the
inhabitants of rural areas, particularly the poor.


in view of the challenges regarding the availability and acquisition of agricultural
land by the state for resettlement purposes alluded to above, the Technical Committee
on Commercial farmland (TCCf), instituted by government in November 1991 in line
with the consensus resolutions of the national land conference, advocated the principle
of horizontal equity by recommending the gradual phasing-out of tax concessions fa-
vouring the commercial agricultural sector, including the land tax exemption for com-
mercial farms (Harring et al. 2002:324). This recommendation was embodied in the
land Valuation and Taxation regulations of 2001, which in turn were adopted in terms
of the 1995 Commercial agricultural land reform act. This act empowers the minis-
ter responsible for lands to impose a land tax to be paid by owners of agricultural land
and prescribe the rate, methods of calculation and the time and manner of payment or
collection of such tax and penalties for any failure to pay such tax or to comply with any
provision of such regulation. The primary objective of the regulations is to provide for
the taxation of commercial agricultural land in proportion to its estimated value, and
they are intended to increase the cost of holding on to unused or underused agricultural
land. in particular, they are intended to discourage the tendency of some current and
prospective landowners from of holding on to land for egotistical reasons. in addition,
it is anticipated that agricultural land taxation will raise funds for the land acquisition
and development fund, as proposed in both the first and second agricultural (Com-
mercial) land act, acts 6 of 2000 and 2 of 2001 respectively (Harring et al. 2002:13).


However, such land taxation policies, as a form of property tax, have generally been
criticised in neoliberal economic literature. for instance, Barzel (1993:29) argued that
property taxes tend to promote inefficient resource allocation, since the value of the
property subjected to these types of tax diminishes compared to what it should be in
the absence of the tax. from this perspective, property taxes stand accused of distort-
ing the allocation of resources, leading to their inefficient utilisation, in the sense that
expansion of production would produce a net gain, whereas the tax levy creates a wedge
that prevents the realisation of that gain, because the marginal units will be valued at
more than cost.


. MultimillionaireDreamsofTurningNamibiaintoaGamePark,The Namibian, September
00.






C om m e r c i a l l a n d r e f o r m s i n p o s t c o l on i a l Na m ib i a


Conclusion
This paper has highlighted not only the pre-independence national development out-
look of sWapo as a liberation movement, but has also shed light on a number of fac-
tors that may have necessitated compromise on the initial commitments to realise social
equity within the context of land reforms initiatives. Moreover, the paper has attempted
to demonstrate how the principles underpinning commercial agricultural land reforms,
and the policies and programmes they helped nurture, has tended to perpetuate the
concentration of land in the hands of both white and black economic elites.


in this regard, there seems to be ample evidence to substantiate the observation by
Moyo et al (2004:3) that agricultural land reform processes in several southern african
countries, including Namibia, are largely modelled on neoliberal economic principles,
even though those principles do not offer coherent articulation of the purpose of land
reforms in the local, national and regional socioeconomic development context. By
implication, therefore, the ideological underpinnings of postcolonial Namibias com-
mercial agricultural land reform processes reinforce the pre-independence extroverted
model of economic accumulation from above.


as a result, it is becoming increasingly evident that the socioeconomic trends gener-
ated by these reforms are gradually fostering socioeconomic conditions capable not only
of hardening social differentiation within the previously disadvantaged community, but
also of promoting social polarisation between those benefiting from the perpetuation of
the socioeconomic status quo and those enduring continued economic disenfranchise-
ment and social marginalisation.


in this regard, the postcolonial process of national reconciliation is also fiercely criti-
cised for being more effective at fostering mutually beneficial ties between economic
and political elites across the racial divide. for instance, kossler and Melber (2001:149)
lament the fact that the policy of national reconciliation seems to have laid and still
lays the main onus of forgiveness and concessions on the shoulder of the black masses,
while preserving the spoils of the postcolonial political and economic dispensation for
a handful of previously disadvantaged individuals who have graduated into to the eche-
lons of state power from the ranks of the liberation struggle and have thereby been most
fortunate in gaining admission to the exclusive socioeconomic club of the privileged
minority white group.


as noted by Mudge (2004:101), although Namibia has made some inroads with its
various land reform initiatives, these have thus far not significantly benefited the poor
and the needy. This predicament warrants the unyielding pleas for a socially equitable
settlement of the land question as a prerequisite for sustained peace and political stabil-
ity in Namibia. as a result of the persistent land hunger being endured by the landless
masses, farring et al. (2002:31) noted that there are strong feelings of resentment and
betrayal about the fulfilment of the liberation struggle promises. This underscores the
need for critical introspection by and between the various stakeholders involved and/or
affected by the agricultural land reform processes, with a view to precluding the radical-
isation of the rural poor, such as peasants and farm workers. in this regard, Horsthemke
(2004:87) noted that failure to take advantage of postcolonial political stability may
create room for politically opportunistic behaviour: the frustrations of the peasants and
farm workers, as well as of the descendants of colonial genocide and of war veterans,






Phanue l Kaapama


could be manipulated by competing political interests to threaten the very foundations
of peace and political stability in the country.


Wole sonyika (Hunter 2004:4) rightly cautioned that the persistence of socioeco-
nomic injustice constitutes an enduring threat that one day could rock the founda-
tions of what may initially have seemed like a remarkable process of reconciliation.
Thus the time may come when Namibia will be forced to rethink its handling of the
socioeconomic challenges that are being generated by the present neoliberal economic
agricultural land reform model. The socioeconomic and political realities around the
land question in Namibia are far from being sustainable. This situation calls for serious
policy-oriented research that arises from and speaks to the contexts, needs, aspirations
and insights of prevailing local realities, and seeks workable solutions that transcend the
parochial and elitist factional interests served by the present agricultural land reform
policies and programmes.


references
angula H.k. (1990), The Two Thousand Days of Haimbodi ya Haufiku. Windhoek:


Gamsberg Macmillan
Barzel Y. (1993), Economic Analysis of Property Rights. Cambridge: Cambridge university


press
farring s.l. and W. odendaal (2002), One Day We Will All Be Equal &: A Socio Legal


Perspective on the Namibian Land Reform and Resettlement Process. Windhoek: legal
assistance Centre


Horsthemke o. (2004), land reform in Namibia: opportunities and opportunism, in
J. Hunter (ed.), Who Should Own the Land? Analysis and Views on Land Reform and
the Land Question in Namibia and Southern Africa
. Windhoek: konrad adenauer
stiftung/Namibia institute for democracy, pp. 8791


Hunter J. (2004), Who should own the land? introduction, in J. Hunter (ed.), Who
Should Own the Land? Analysis and Views on Land Reform and the Land Question
in Namibia and Southern Africa.
Windhoek: konrad adenauer stiftung/Namibia
institute for democracy, pp. 17


kaumbi u. (2004), The land is ours, in J. Hunter (ed.), Who Should Own the Land?
Analysis and Views on Land Reform and the Land Question in Namibia and Southern
Africa.
Windhoek: konrad adenauer stiftung/Namibia institute for democracy,
pp. 9294


kiljunen k. (1981), The ideology of National liberation, in r. Green, M.l. kiljunen and
k. kiljunen (eds), Namibia the Last Colony. essex: longman


kössler r. and H. Melber (2001), political Culture and Civil society: on the state of the
Namibian state, in i. diener and o. Graefe (eds), Contemporary Namibia: The First
Landmark of a Post Apartheid Society. Windhoek: Gamsberg Macmillan


latiff, e. (2005), from Willing seller, Willing Buyer To a people-driven land reform,
Programme For Land and Agrarian Studies, policy Brief No. 17, september


lund, C. (2000), african land Tenure: Questioning Basic assumptions, international
institute for environment and development (iied), Drylands Issues Paper 100






C om m e r c i a l l a n d r e f o r m s i n p o s t c o l on i a l Na m ib i a


Moyo s. and r. Hall (2004), Conflict and Land Reform in Southern Africa, paper delivered
at Centre for Conflict resolution (CCr) policy seminar on the political economy
of post-apartheid south africa and its Conflict Management and economic role in
africa, Cape Town, 30 July1 august 2004


Mudge d. (2004), land reform in perspective, in J. Hunter (ed.), Who Should Own
the Land? Analysis and Views on Land Reform and the Land Question in Namibia
and Southern Africa.
Windhoek: konrad adenauer stiftung/Namibia institute for
democracy, pp. 10003


okoth-ogendo, H.W.o. (2000), The Quest for Constitutional Government, in G.
Hyden, d. olowu and H.W.o. okoth-ogendo, African Perspective on Governance.
Trenton NJ: africa World press, pp. 3360


sherbourne r. (2004), a rich Mans Hobby, in J. Hunter (ed.), Who Should Own the
Land? Analysis and Views on Land Reform and the Land Question in Namibia and
Southern Africa.
Windhoek: konrad adenauer stiftung/Namibia institute for
democracy, pp. 810


southern african regional poverty Network (sarpN) (2003), Seeking Ways Out of the
Impasse of Land Reform in Southern Africa: Notes from an informal Think Tank
Meeting, pretoria, south africa, 12 March 2003 http://www.sarpn.org.za/
documents/10000287/p294_final_impasse_land.pdf downloaded 8 september
2003


swapo of Namibia (1989), Swapo Election Manifesto. Windhoek: sWapo
united Nations institute for Namibia (uNiN) (1985), economic development strategies


for independent Namibia, in N.k. duggal (ed.), Namibia Studies Series No. 9,
lusaka: uNiN


Van den Brink, r. (2002), Land Policy and Land Reforms in Sub Saharan Africa:
Consensus, Confusion and Controversies
, a presentation to the symposium on land
redistribution in southern africa, Burgers park Hotel, pretoria, south africa,
November 2002


Werner, W. (2004), promoting development among farm Workers: some options for
Namibia, in J. Hunter (ed.), Who Should Own the Land? Analysis and Views on Land
Reform and The Land Question in Namibia and Southern Africa. Windhoek: konrad
adenauer stiftung/Namibia institute for democracy, pp. 1945




Between politics and the shop floor
Which way for Namibias labour movement?


Herbert Jauch


despite the prominent role played by Namibian trade unions in the countrys libera-
tion struggle, and regardless of the fact that the labour movement is still the strong-
est organised force among Namibias civil society organisations, trade unions seem
to have lost much of their popularity and political influence in recent years. due to
Namibias large rural population and the underdeveloped manufacturing sector, trade
unions might seem to represent only a minority of the population. However, as pointed
out by Mbuende (1986:1779), there are close links between the Namibian peasantry
and the industrial working class as a result of the contract labour system, whose legacy
is still visible today. Workers wages contribute significantly to the survival of family
members in the rural areas and Namibias industrial workers bear a substantial burden
caused by the widespread unemployment, about 37% nationwide (Ministry of labour
2005:3). over the past two decades a permanent urban working class has emerged, but
most workers in formal-sector employment share their income by way of remittances to
members of their extended families in urban and rural areas. The labour force surveys
of 1997, 2000 and 2004 revealed that almost half of Namibias national household in-
comes are derived from wages and salaries (Ministry of labour 2001, 2002 and 2006).


despite its small population of less than 2 million people, Namibia has about 30
trade unions grouped into two federations and several unaffiliated unions. The largest
trade union federation is the National union of Namibian Workers (NuNW), which
represents 60,00070,000 workers. The NuNW played a key role during Namibias
liberation struggle and continues to be affiliated to the ruling sWapo party. The
second trade union federation is the Trade union Congress of Namibia (TuCNa),
which was formed in 2002 by unions that rejected NuNWs party-political link (Jauch
2004:3847)


This article sketches some of the challenges faced by the Namibian labour movement
17 years after independence, with particular emphasis on the question of trade unions
and politics. it is argued that Namibias trade unions are at a crossroads today and that
the choices made now will have a lasting impact on the future and the relevance of the
labour movement in the years to come.


. Thisarticledrawsextensivelyontheauthorsearlierpublicationsin00and00.


0






B e t w e e n p o l i t i c s a n d t h e s h op f l o o r


The socioeconomic environment
seventeen years after independence, Namibia is still characterised by huge socioeco-
nomic inequalities that are largely a reflection of its colonial apartheid history, but also
of the class stratification that has taken place since independence. Namibia has relative-
ly limited financial resources in both the government and the private sector to conduct
frequent surveys on social-economic developments. However, the Central Bureau of
statistics (CBs) under the National planning Commission (NpC), the Bank of Na-
mibia and the ministry of labour all conducted several national surveys on which this
paper draws.


Namibias population of about 1.8 million people is relatively young. More than half
the population is less than 25 years of age and more than 40% is less than 15 years old.
in 2004, only 37% of the population lived in urban areas compared to a rural popula-
tion of 63%. These figures are changing steadily due to the increasing urbanisation that
has taken place since independence. in 2000, the average Namibian household had 5
members with an average size of 5.6 members in rural areas and 4.2 members in urban
areas (Ministry of labour 2002:26).


Economically active population
in 2004, 888,348 Namibians were 15 years or older and the labour force survey clas-
sified 493,448 (56%) of them as economically active. The bulk of those classified as
economically inactive were students (41%), followed by home-makers (25.3%), retired
and old people (25.9%) and those affected by illness and disability (6.9%). There was a
gender discrepancy, as males are dominant among economically active Namibians ac-
counting for 63.7%, while most of the economically inactive Namibians (51.7%) were
women (Ministry of labour and social Welfare 2006:3, 38).


although the number of jobs in the agricultural sector has declined steadily over the
years, it is still the largest sector in terms of employment in Namibia, accounting for
102,636 (or 26.6%) jobs in 2004 (see Table 1). it is, however, important to point out
that this figure included about 36,000 communal/subsistence farmers, 490 commer-
cial agricultural employers and 5,765 own account self-employed agricultural workers.
There were 42,620 farm workers on private farms and 2,034 workers on public farms
(ibid:53).


other important employment sectors were the public sector (19.6%) and especially
the service sectors, which accounted for about 35% of all formal sector jobs. on the
other hand, manufacturing has remained severely underdeveloped in Namibia and ac-
counted for only 6% of employment (see Table 1).


overall, there were 86,161 employees in the public sector (including parastatals) and
194,516 in the private sector. The total number of employees thus stood at 280,677 in
2004, while there were 12,209 employers outside the agricultural sector and 37,441 own
account self-employed workers (Ministry of labour and social Welfare 2006:53).






Herbe r t Jau ch


TaBle 1: eMploYMeNT BY seCTor (19882004)


Industry 1988 1997 2004


No. % No. % No. %


agriculture 34,398 18.6 146,899 36.6 102,636 26.6
(commercial (commercial


farms) & communal
farms only)


fishing 1,673 0.9 6,771 1.7 12,720 3.3
Mining & quarrying 10,062 5.4 6,592 1.6 7,563 2.0
Manufacturing 9,442 5.1 25,983 6.5 23,755 6.2
electricity, gas & water supply 1,273 0.7 4,576 1.1 6,151 1.6
Construction 12,657 6.9 19,801 4.9 19,605 5.1
Wholesale & retail trade,
repair of motor vehicles, hotels
and restaurants 29,394 15.9 36,803 9.1 67,027 17.4
Transport, storage
& communication 7,880 4.3 13,480 3.4 15,861 4.1
finance, real estate
and business services 4,325 2.3 28,061 6.8 16,956 4.4
Government service including
administration, defence,
education, health, social work
and social security 38,098 20.6 56,974 14.2 75,863 19.6
other community, social
& personal services (including
domestic work) 35,589 20.6 53,065 13.1 36,713 9.5
other 2,135 0.6 479 0.1


ToTal 184,791 100 401,203 100 385,329 100


sources: department of economic affairs 1988; Ministry of labour 2001 and 2006.


Table 1 shows significant changes in employment patterns between 1988 and 2004.
overall, there was a shift away from the primary sector (such as agriculture and mining)
towards the tertiary sector. The manufacturing industries remained fairly stagnant and
insignificant in terms of employment, despite various government attempts to boost
this sector. This presents the classical picture of a neocolonial economy, characterised
by a jump from the primary sector to tertiary industries without the foundation of a
significant manufacturing sector as a basis for industrial development.


The importance of wages and salaries
about half of all Namibian households (47%) relied on wages and salaries as their
main source of income. in urban areas, this figure was as high as 74%. These figures in-
dicate the critical importance that wages and salaries have for the survival of Namibian
households. This is further emphasised by the fact that 68% of households in the coun-
try (82% in urban areas) lack a secondary source of income (Ministry of labour and
social Welfare 2006:367).






B e t w e e n p o l i t i c s a n d t h e s h op f l o o r


Employment and unemployment
The Namibian governments unemployment definition is based on three criteria, name-
ly:


being without work,
being available for work, and
seeking work.


The strict definition of unemployment excludes from the ranks of the unemployed
those individuals (1565 years old) who are without jobs and available for work, but
who are not actively seeking work. The broad definition of unemployment on the other
hand regards every person who is 1565 years of age and without work but available for
work as being unemployed, whether he/she is looking for work or not. The labour force
survey of 2004 presented unemployment figures for both definitions as follows.


unemployment in Namibia according to the broad definition stood at 36.7%,
whilst the strict definition resulted in an unemployment rate of 21.9%. using the strict
definition of unemployment in the context of the Namibian labour market is problem-
atic. The criterion actively seeking work for classifying the unemployed may not be
accurate, as many unemployed people may have stopped looking for work, not because
they do not want to work, but simply because they may be demoralised and have given
up hope of finding a job. others may not bother to seek work as they witness the fruit-
less efforts of their friends and relatives. Thus, the criterion not seeking work may not
be relevant in labour markets that are characterised by mass unemployment.


TaBle 2: uNeMploYMeNT Broad defiNiTioN (2004)


Overall Percentage Percentage
percentage among women among men


Nationally 36.7 43.4 30.3
urban areas 29.0 33.8 24.4
rural areas 44.7 53.0 36.5
Caprivi region 51.1 58.6 44.0
erongo region 34.3 41.7 28.9
Hardap region 28.0 39.2 17.9
karas region 26.8 36.3 20.2
kavango region 44.4 47.4 41.3
khomas region 24.2 26.7 21.9
kunene region 40.1 56.8 25.9
ohangwena region 64.2 66.7 60.7
omaheke region 18.9 29.3 13.0
omusati region 64.6 64.6 64.7
oshikoto region 35.0 39.4 30.7
oshana region 31.2 34.0 27.5
otjozondujupa region 28.8 45.8 16.4


source: Ministry of labour and social Welfare 2006






Herbe r t Jau ch


Namibias unemployment has regional, gender and age dimensions. in 2004, the rural
unemployment rate (44.7%) was significantly higher than the rate in urban areas (29%).
unemployment also had a gender dimension, as significantly more women (43.4%)
than men (30.3%) were unemployed. Young people were especially hard hit, as 65% of
those between the ages of 15 and 19 and 57% of those aged 20 to 24 years were unem-
ployed. on the other hand, the unemployment rate was significantly lower (1621%)
among those between 45 and 59 years of age (ibid:3, 66 and 68).


unemployment in Namibia is of a long-term nature, as 56% of the unemployed have
been jobless for two years or more. another 17% have been unemployed for 12 years
while only 5.3% of the unemployed population has been without a job for less than
three months. There was no significant difference between men and women regarding
the duration of unemployment. However, there was a difference between urban and
rural areas as the unemployed in the rural areas tended to be out of jobs for longer than
those in the urban areas. long-term unemployment (two years or more) in rural areas
affected 60.5% of the unemployed compared to 49.9% in urban areas (ibid:69).


Unionisation rates
accurate statistics on trade union membership rates are difficult to find as only a few
unions have computerised membership database systems. Most unions rely on their
files and on membership-fee deduction records of employers to count their members. a
trade union survey carried out by the labour resource and research institute (larri)
in 199899 revealed a unionisation rate of about 50% among employees in formal sec-
tor employment (larri 1999:11). These figures were updated and indications are that
the highest levels of unionisation are found in the public sector (7580%), the mining
and energy sectors (67%), the textile industry (63%) and the food, fishing, hospital-
ity, wholesale and retail sectors (49%). on the other hand, unionisation levels are low
among domestic workers, farm workers and in the banking and insurance sectors (see
Table 4). likewise, only about 10% of workers in the small business sector are organised
by trade unions (karuuombe 2002:47).


The labour force survey of 2004 put the unionisation rate among employees in the
public and private sectors at 29%. This figure is significantly lower than those provided
by trade unions and their accuracy would have to be established by examining the trade
union membership records. This is very difficult at present because of the lack of ac-
curate, computerised database systems. it is thus also impossible to determine the exact
number of women in trade unions. it is estimated that 3540% of union members are
women, roughly in line with womens share in the formal labour market. Women are,
however, underrepresented in decision-making structures and hardly any occupy the
key positions of general secretary or president.


Working conditions and minimum wages
The majority of Namibian workers fall into the category of unskilled and semi-skilled
workers. With the exception of a few sectors where strong trade unions managed to
negotiate reasonable working conditions (e.g., mining, fishing and the civil service),






B e t w e e n p o l i t i c s a n d t h e s h op f l o o r


TaBle 3: esTiMaTed uNioNisaTioN raTes, 2004


Sector Approximate number Estimated unionistaion rate
of employees (signed-up members)




agriculture 44,600 9,000 (20%)
Manufacturing, building and construction 27,000 10,500 (39%)
Mining and energy 6,700 4,500 (67%)
food, fishing, wholesale, retail and hospitality 45,000 22,000 (49%)
Textile 8,000 5,000 (63%)
public service, parastatals and municipalities
(excluding army, police and teachers) 80,000 60,000 (75%)
Teachers 15,000 12,000 ( 80%)
domestic work (private households) 21,500 3,500 (16%)
Banking, insurance, real estate
and business services 15,500 4,500 (29%)
Transport, communication and security 14,000 3,500 (25%)


ToTal 277,300 134,500 (49%)


sources: larri 1999; Jauch 2004, Ministry of labour and social services 2006; updates from
trade unions (2004). These figures do not include communal farmers and unpaid family labour.


these workers usually earn below N$ 1,000 per month (us$ 143) and enjoy very few
benefits. The only benefits that are compulsory by law are social security payments for
workers who work more than two days per week.


Workers at labour brokers, known as labour hire companies, experience the poorest
working conditions. Workers there earn between N$ 2 and N$ 5 (us$ 0.280.71) per
hour without benefits and job security. Wages are also extremely low for domestic and
farm workers, who often earn cash wages of only N$ 300500 per month (us$ 4271).
likewise, until recently Namibian textile workers at the Malaysian company ramatex
earned wages of only N$ 600800 per month (us$ 85114) (Jauch and shindondola
2003:1920).


The Namibia farmworkers union (NafWu) managed to reach an agreement with
agricultural employers to implement a national minimum wage of N$ 429 (us$ 54) per
month in addition to food and housing. This national minimum wage came into effect
on 1 april 2003 but was only implemented on most of the countrys commercial farms.
on communal farms, the average monthly wage was only N$ 201250 (us$ 2835)
per month (karamata 2006:3).


on the other hand, well-qualified and experienced professionals and managers earn
huge salary packages that compare favourably with the best in the world when the costs
of living are taken into account. Managers in the civil service earn packages of about N$


. Signed-upmembershipreferstothenumberofworkerswhoappliedforunionmembershipand
receivedtheirmembershipcards.Thenumberofpaid-upmembers(whosemembershipfeesare
receivedbyunionsonamonthlybasis)islikelytobeabout0%lowerthanthesigned-upmem-
bership.


. TheNamibiadollar(N$)ispeggedtotheSouthAfricanrandandtheexchangeratestoodat
aroundUS$toN$inJuly00.






Herbe r t Jau ch


250,000400,000 per year (us$ 35,00057,000), while some managers in parastatal
companies earn up to three times that amount.


These enormous differences in payment have created a four-tier labour market:
1. a small elite enjoying a standard of living comparable to first world countries;
2. a significant group of formal-sector workers with permanent jobs and low to


middle incomes;
3. a growing group of casual workers and labour hire workers who are the victims


of a labour market that virtually forces them to accept any job under any condi-
tions; and


4. unemployed workers who turned to the informal economy, to sex work or to
crime as a last resort.


Trade unions and politics
The NuNW played a prominent role during the liberation struggle and in the public
policy debates after independence. its history is in many ways similar to that of Con-
gress of south african Trade unions (CosaTu), as both played a critical role in terms
of mass mobilisation during the liberation struggle. after decades of intense repression,
the NuNW unions emerged from the mid-1980s onward as key players in the eco-
nomic and political arena. They linked the struggle at the workplace with the broader
struggle for political independence and formed links with other social and political
organisations such as the Namibia National students organisation (NaNso) and the
south West africa peoples organisation (sWapo). The NuNW understood its role as
that of a social movement, which could not address workers issues separately from those
affecting the broader community. exploitation at the workplace was thus linked to the
broader struggle against racial and political oppression.


Most of Namibias trade unions were established inside the country after the mid-
1980s. although several attempts to form unions had been made before, they were
suppressed by the colonial regime time and again. However, the earlier efforts laid
the foundation for the later emergence of the National union of Namibian Workers
(NuNW) and its affiliates (see peltola 1995:16797; Bauer 1997:69). Community or-
ganising surged inside Namibia from 1984 onwards, focusing on the crisis in housing,
employment, health, education and social welfare. in the absence of trade unions, work-
ers began to take their workplace problems to social workers at the roman Catholic
church and the Council of Churches in Namibia (CCN). at that time, the umbrella
of the churches provided political activists with a shield under which they could start
organising workers. unlike trade unions, which had been crushed by the colonial state,
churches were able to operate across the country. By 1985, workers and community
activists had formed a Workers action Committee in katutura, which became the fore-
runner of trade unions (Bauer 1997:70).


during the mid-1980s, south africas National union of Mineworkers (NuM) be-
gan to organise workers at Namibias Consolidated diamond Mines and rossing mines
in oranjemund and arandis. They linked up with the Workers action Committee and
formed the rossing Mineworkers union by april 1986. This union later became the






B e t w e e n p o l i t i c s a n d t h e s h op f l o o r


Mineworkers union of Namibia (MuN) (loc. cit.). The MuN and other NuNW-af-
filiated unions provided workers with an organisational vehicle through which they
could take up workplace grievances as well as broader political issues, which were always
seen as linked to the economic struggle.


another factor that contributed to the emergence of trade unions inside Namibia
was the release of Namibian political prisoners from 1984 onwards. some returned to
Windhoek and began working for the sWapo structures again. a decision was taken
to reactivate the NuNW inside Namibia and by april 1986 a Workers steering Com-
mittee had been formed. it incorporated the Workers action Committee and all other
efforts to organise workers around the country. fieldworkers began organising different
workplaces and in september 1986 the NuNWs first industrial union was launched,
the Namibia food and allied Workers union (Nafau) led by John pandeni, one of the
former robben island prisoners (loc.cit.). shortly afterwards, the Mineworkers union
of Namibia (MuN) was launched, led by another former robben island prisoner, Ben
ulenga. in 1987 the Metal and allied Workers union (MaNWu) and the Namibia
public Workers union (NapWu) were launched, followed by the Namibia Transport
and allied Workers union (NaTau) in June 1988, the Namibia National Teachers
union (NaNTu) in March 1989, the Namibia domestic and allied Workers union
(NdaWu) in april 1990 and the Namibia farmworkers union (NafWu) in May
1994 (larri 1999:3). in 2000, the Namibia financial institutions union (NafiNu)
was launched as the first NuNW union catering to white-collar workers, while the
Namibia Music industry union (NaMiu) joined in 2001. These unions constitute the
affiliates of the NuNW today.


The exiled and internal wings of the NuNW were merged during a consolidation
congress held in Windhoek in 1989. at that time, the NuNW unions inside Namibia
had already established themselves and were a formidable force among grassroots or-
ganisations. They enjoyed huge support even beyond their membership and played a
critical role in ensuring sWapos victory in the elections of 1989.


The NuNW maintained its links with sWapo after independence through its
affiliation with the ruling party. This link has led to heated debates both within and
outside the federation. While the majority of NuNW affiliates argued that a continued
affiliation would help the federation to influence policies, critics have pointed out that
the affiliation would undermine the independence of the labour movement and that it
would wipe out prospects for trade union unity in Namibia.


Trade unions outside the NuNW have repeatedly stated that they differed fun-
damentally from NuNW over the question of political affiliation. They charged that
NuNW could not act independently and play the role of a watchdog over government
as long as it was linked to the ruling party. There was also a growing public perception
that NuNW was merely a workers wing of the ruling party, although the NuNW and
its affiliates have on several occasions been vocal critics of government policies. They
criticised government on issues such as the slow process of land redistribution and edu-
cation reform and self-enrichment by politicians. However, developments since 2004
point to an increasing influence of the ruling party over the NuNW and its affiliates,
as will be discussed below.






Herbe r t Jau ch


Challenges after independence
The achievement of independence in 1990 had a tremendous impact on the labour
movement and required a redefinition of the role that trade unions wanted (and were
able) to play. The function of political mobilisation, which had taken centre stage before
independence, was taken over by sWapo, whose leadership returned to Namibia in
1989 and became the government after independence. Given the close structural links
between the NuNW unions and sWapo as well as the fact that most union leaders
played a prominent role in the party as well, there was a widespread expectation among
workers that the sWapo government would be a workers government. a few years
before independence, leading sWapo intellectuals like kaire Mbuende had argued
that the interests of workers and peasants constituted the dominant position in sWapo
(Mbuende 1986:199). However, once in power sWapo did not pursue revolutionary
working class politics and instead maintained the predominantly capitalist structure of
the economy, while introducing the notion of social partnership into labour relations.
Trade unions were expected to define a new role within this framework and although
the NuNW had previously called for radical change, it accepted the new framework
with little resistance.


Social partnership?
once in office, the sWapo government embarked upon a path of reforming Namibias
colonial labour relations system. The overall aim was to move towards a new system of
social partnership governed by the labour act passed in 1992. Tripartite consultations
and collective bargaining were seen as critical for the implementation of this new labour
dispensation. The government envisaged an improvement in the living and working
conditions of Namibian workers to be brought about by a combination of successful
economic policies and successful trade union engagement with the private sector. The
government defined its own role merely as that of a referee, trying to create a level (and
enabling) playing field for collective bargaining between business and labour.


However, the consultative process leading to the formulation of the labour act
was driven by government as the dominant partner, which decided on the scope of
the consultations. unlike in a corporatist, institutionalised arrangement such as in
the classical cases of postwar, social democratic sweden and Germany where capital,
labour and state jointly formulate socioeconomic policies (sycholt and klerck 1997:88),
social partnership in Namibia did not take the form of a joint decision-making process.
in the process of drafting the labour act of 1992, for example, government consulted
with labour and capital but reserved the right to make the final decision without trying
to achieve consensus with the social partners.


The labour act of 1992 constituted a significant improvement compared with the
previous colonial labour legislation. it extended its coverage to all workers, including
domestic workers, farm workers and the public services. The new law encouraged col-
lective bargaining, entrenched basic workers and trade union rights, set out the proce-
dures for legal strikes and provided protections against unfair labour practices (Bauer
1993:11). However, the act fell short of some of the expectations of trade unions, which
felt that employers had unduly influenced the law through behind the scenes lobbying.






B e t w e e n p o l i t i c s a n d t h e s h op f l o o r


The act did not make provision for minimum wages (as sWapo had promised in its
1989 election manifesto) and it did not guarantee paid maternity leave. payment during
maternity leave was only introduced with the social security act of 1996. other key
demands of the NuNW that were not accommodated in the labour act were the 40-
hour working week and 21 days of annual leave for all workers (Jauch 1996:91).


overall, post-independence labour legislation constituted a significant improvement
for labour, but it also served to reduce worker militancy by shifting the emphasis away
from workplace struggles to negotiations between union leaders and management. Bar-
gaining issues in Namibia were (and still are) narrowly defined and usually deal with
conditions of employment only (klerck and Murray 1997:247). The trade unions main
function was thus narrowed to being the representative of workers in a tripartite ar-
rangement. While this enabled trade unions to win improved working conditions in
well-organised sectors like mining, fishing and the public service, collective bargaining
remained almost meaningless for vulnerable workers such as farm workers, domestic
workers and security guards. despite the introduction of national minimum wages in
2003 and 2005 for farm workers and security guards, these workers are still exposed to
highly exploitative practices. The ongoing adversarial nature of labour relations, coupled
with racial polarisation in many workplaces and huge wage gaps, are further obstacles
to the notion of social partnership.


Trade unions are also confronted with a threat of a dwindling membership base due
to the increasing casualisation of work. in an attempt to cut labour costs and to curb
trade union influence, employers in various economic sectors, including retail, fishing,
mining, hospitality and manufacturing, resorted to temporary and casual work con-
tracts for low-skilled workers. The emergence of labour hire companies (labour brokers)
in the late 1990s in particular, highlighted the threat of casualisation to workers in-
comes, job security and benefits. By 2006, over 12,000 workers were already employed
through labour hire companies, which retained a significant part of workers earnings
as their fees and deprived them of the benefits enjoyed by permanent workers. due to
the insecurity of their contracts and their shifts between different workplaces, trade
unions found it very difficult to recruit and represent labour hire workers (see Jauch and
Mwilima 2006). Thus trade union membership has become increasingly narrow in fo-
cus, covering permanent workers in traditional sectors such as the public service, min-
ing, fishing, construction and retail, while unions are unable to reach tens of thousands
of workers in precarious working conditions on farms, in private households, at labour
hire companies and in the informal economy.


against the background of huge imbalances in terms of economic power between
capital and labour, the states chosen role as neutral referee and creator of an enabling
environment for collective bargaining effectively benefited business interests. Business
representatives went as far as describing worker militancy as an obstacle to job creation
and economic development. such sentiments were even echoed by some government of-
ficials and politicians, which was just one indication that the close political ties between
labour and sWapo did not prevent the entrenchment of a pro-capitalist state after
independence. This process was also assisted by the lack of political clarity on the side of
trade unions regarding the development of a different social order after independence.
Notions of worker democracy, worker control and social transformation that had just




0


Herbe r t Jau ch


emerged in the late 1980s had not been developed into a coherent concept within the
labour movement at the time of independence.


Conservative economic policies
perhaps the biggest challenge facing labour after independence was to define an effec-
tive strategy for influencing broader socioeconomic policies in favour of its working
class base. This task proved to be extremely difficult in the face of an onslaught by the
neoliberal ideology that was usually portrayed as the only practical policy option for
Namibia and other countries in the region. klerck accurately described the Namibian
governments response to globalisation as:


& an open-ended encouragement of foreign investment; the marital stance towards the
international Monetary fund and World Bank; the confinement of social transformation
to an extension of representative institutions; a tendency to reduce black empowerment to
increasing the black entrepreneurial classes; and a failure to conceive of an economic policy
that departs in substance from that of the colonial powers (1997:364).


iMf and World Bank advisors have become regular visitors to Namibia and assisted
with the countrys public expenditure review and with training high-ranking staff
members of government economic institutions. local economists by and large seem
to be trapped in the neoliberal dogma and continue to promote the very policies (e.g.,
structural adjustment programmes) that have caused severe social hardships in oth-
er sadC countries. The Namibian governments increasing slide towards neoliberal
policies manifested itself, for example, in the introduction of export processing Zones
(epZs) and privatisation programmes. opposition to such policies by the labour move-
ment was frequently countered by accusations that trade unions were still living in the
(ideological) past and that trade unions were obstacles to economic growth and job
creation. in the absence of a comprehensive alternative development strategy by labour,
trade unions were forced on the defensive on several occasions and found themselves
sidelined in economic policy formulation.


a divided labour movement
The year 2006 in particular revealed deep-seated divisions within the Namibian labour
movement. failure to live up to the proclaimed ideal of one country, one federation
and one industry, one union resulted in a multitude of trade unions. in some indus-
tries, three or more trade unions compete with each other for membership, for example
in the fishing and security industries. even at federation level, the NuNW now faces
a significant rival. The Namibia peoples social Movement (NpsM) and the Namibia
federation of Trade unions (NafTu) merged in 2002 to form the Trade union Con-
gress of Namibia (TuCNa), which has 14 affiliates with a combined membership of
about 45,000. The TuCNa unions focus predominantly on workplace issues and are
less engaged with policy issues than the NuNW, which represents about 70,000 work-
ers. The main dividing line between the two federations is the question of the NuNWs
affiliation to sWapo, which the TuCNa unions reject.






B e t w e e n p o l i t i c s a n d t h e s h op f l o o r


Party-political conflicts
The influence of sWapo politics on the NuNW has repeatedly come into the lime-
light during the past two years. following the crystallisation of camps within the rul-
ing sWapo party during its extraordinary congress in 2004 (which decided on the
partys presidential candidate), the NuNW and its affiliates were drawn into the battle.
although there were no significant ideological differences between those in sWapo
who supported Hidipo Hamutenya and those who supported sam Nujoma, rival camps
began to emerge within the union federation. in the run-up to the NuNWs congress
in 2006, the former acting secretary-general of the NuNW, peter Naholo, who was
regarded as part of the Hamutenya group, was removed from his post in december
2005. This set the stage for the months to come as trade union leaders mobilised inten-
sively with a view to ensuring that candidates loyal to their own camp would be elected
at congress in april 2006 (New era, 4 april, 10 april, 11 april, 20 april, 26 april &
28 april 2006; republikein, 31 March 2006). during the congress, this battle for po-
litical control overshadowed proceedings despite the many labour, social and economic
issues that workers had raised during their regional conferences in preparation for the
congress. as the Nujoma group among the NuNW congress delegates gained the up-
per hand during the congress deliberations, an unprecedented step was taken to cancel
individual elections for each leadership position. instead, congress endorsed the list of
candidates that the Nujoma group had proposed.


in the aftermath of the NuNW congress, the political divisions lingered. some lead-
ers of the Namibia National Teachers union (NaNTu) openly criticised the NuNW
congress as undemocratic and in violation of constitutional provisions. The union even
suspended the payment of NuNW membership fees in protest. other NaNTu lead-
ers, however, disagreed with their colleagues and engaged in a battle for control of the
teachers union (New era, 18, 24 and 26 May 2006). during the NaNTu congress in
september 2006, those who were seen as being part of the Hamutenya group received
only about one-third of the congress votes and lost their leadership positions. once
again, the Nujoma group had gained the upper hand.


Ideological contradictions
Besides being drawn into intense party-political battles, Namibias trade unions also
experienced a loss of vision. The statements and practices of several trade unions during
the past few years revealed deep-seated ideological contradictions. sentiments of radical
nationalism and liberation, for example on the land issue, were mixed with an accept-
ance of neoliberalism as the ideology of the free market. as trade union leaders entered
(and continue to enter) company boards as part of a poorly defined union investment
strategy, their views (and interests) increasingly converged with those of government
and business. also, some trade union leaders are now occupying management posi-
tions in the public and private sectors, which contradicts the principle of worker control
within unions. These developments point to a lack of clarity regarding the working class
base of the labour movement and whose interests it is meant to serve. Nationalist and
populist sentiments are still dominant and only a few union leaders advance positions
based on a class analysis.






Herbe r t Jau ch


Worker control?
There is also an increasing lack of accountability within unions, which need to reintro-
duce the practice of mandates and report-backs to their members before taking major
decisions. This applies to wage negotiations and policy interventions alike. unions need
to reverse the increasing trend towards becoming leaders organisations and instead
return to the practice of grassroots democracy and worker control. an encouraging
development in this regard was the strike at the Malaysian textile company ramatex in
october 2006. under pressure not only from a ruthless company management that con-
stantly threatened relocation but also from the Namibian government, which granted
ramatex special privileges and protection, the recognised trade union (Nafau) failed
to improve workers extremely poor conditions of service for four years. following the
resignation of many disillusioned ramatex workers from the union, Nafau managed
to reinvigorate itself after its congress in september 2006. The union finally resorted to
utilising its members dedication as a source of power. frustrated by ramatexs unwill-
ingness to accommodate even the most modest demands, the union finally held a strike
ballot among its members in early october 2006. over 90% of the Namibian ramatex
workers voted in favour of a strike and on 13 october the factory came to a standstill. in
an impressive show of determination, over 3,000 young, predominantly female workers
chanted and danced with their placards, indicating that they would not return to work
unless their demands were met.


faced with the prospect of huge losses and the pressure of delivering on time to its
clients in the us, the company management responded within hours and indicated its
willingness to improve its previous offers. on the second day of the strike, an agreement
was reached which paved the way for significantly improved wages and benefits and
thus constituted a victory for the ramatex workers. Throughout the strike, the union
leadership consulted the striking workers outside the factory building. Workers were
briefed and asked to approve the proposed agreement before it was signed. This was a
significant departure from the widespread practice of union leaders negotiating agree-
ments behind closed doors and informing their members through the media.


Conclusion
Namibias labour movement stands at the crossroads today as it tries to redefine its role
17 years after independence. Workers and their trade unions had to realise that the
changes after independence did not lead to the expected socioeconomic transformation.
There are signs that the labour movement lost its vision and now struggles to develop
a strategy about how to play a meaningful role in the process of social change. deep
political divisions, not only between NuNW and its rival federation TuCNa, but
also within the NuNW itself, worsen this dilemma. These divisions may serve indi-
vidual political interests but undermine the potential power of the Namibian labour
movement as a whole. a multitude of trade unions that are unable to work with each
other cannot provide Namibian workers with the strong organisational base needed to
advance a working class agenda.


although it can be argued that trade unions participation in tripartite arrangements
does not necessarily conflict with the larger goal of bringing about social transforma-






B e t w e e n p o l i t i c s a n d t h e s h op f l o o r


tion, collective bargaining and tripartite consultations alone are certainly insufficient
to address Namibias huge socioeconomic inequalities. in order to become an engine
of social change, trade unions will have to deepen their roots in Namibias working
class constituency and articulate its interests beyond the workplace. This implies that
the labour movement will need to develop effective strategies for influencing policies,
particularly in the economic arena, which is shaped by neoliberal dogma.


despite its current weaknesses, the Namibian labour movement still has the poten-
tial to become (again) a key organisation in the quest for socioeconomic justice. like
trade unions elsewhere in africa (see kester and sidibe 1997), Namibian unions have
a long experience of struggle, a massive potential for organisation and action and an
expectation to benefit from independence and democracy. Trade unions have structures
(although sometimes weak) all over the country and a significant membership base that
is only matched by the countrys churches. provided that unions can strengthen their
internal capacity and achieve the level of rootedness in their working class constituency
that they had in the late 1980s, the labour movement can become the driving force for
more fundamental socioeconomic social change. This will also require that trade un-
ions intensify and cement their links with other progressive organisations that represent
socially disadvantaged groups.


Namibias trade unions face two possible scenarios today. provided they can meet
the challenges outlined above and redefine their role as struggle organisations with
a specific class base and a strategic agenda, they are likely to play a central role in the
fight for the interests of the Namibias disadvantaged majority. failure to seize this op-
portunity will result in Namibian unions gradually losing their mass base while union
leaders are absorbed with bargaining issues, party-political careers, union investments
and tripartite participation without addressing (and challenging) the fundamental so-
cioeconomic structures that uphold the continued skewed distribution of wealth and
income.


references
Bauer, G.M. (1993), defining a role: trade unions in Namibia, Southern Africa Report, Vol.


8, No. 5, pp. 811
(1994), The labour movement and prospects for democracy in Namibia. phd thesis,


university of Wisconsin, Madison
(1997), labour relations in occupied Namibia, in G. klerck et al. (eds), Continuity and


change: Labour relations in independent Namibia. Windhoek: Gamsberg Macmillan
department of Civic affairs and Manpower (1988), Manpower survey. Windhoek:


department of Civic affairs and Manpower
Jauch, H. (1996), Tension grows: labour relations in Namibia, South African Labour


Bulletin, Vol. 20, No. 4, pp. 9093
(2002), from liberation struggle to social partnership: The challenge of change for


the Namibian labour movement, in V. Winterfeldt, T. fox and p. Mufune (eds),
Namibia-Society-Sociology. Windhoek: university of Namibia press


(2004), Trade unions in Namibia: Defining a new role? Windhoek: fes and larri






Herbe r t Jau ch


and N. Mwilima (2006), Labour hire in Namibia: Current practices and effects.
Windhoek: larri


and H. shindondola (2003), Ramatex: On the other side of the fence. Windhoek: larri
karamata, C. (2006), Farm workers in Namibia: Living and working conditions. Windhoek:


larri
karuuombe, B. (2002), The small and micro enterprise (SME) sector in Namibia: Conditions


of employment and income. Windhoek: JCC and larri
kester, G. and sidibe o.o. (1997), Trade unions, its your turn! in G. kester and o.o.


sidibe (eds), Trade unions and sustainable democracy in Africa. aldershot: ashgate
klerck, G. (1997), The prospects for radical social transformation, in G. klerck et al. (eds),


Continuity and change: Labour relations in an independent Namibia. Windhoek:
Gamsberg Macmillan


a. Murray and M. sycholt (1997), Continuity and change: Labour relations in an
independent Namibia
. Windhoek: Gamsberg Macmillan


and M. sycholt (1997), The state and labour relations: Walking the tightrope between
corporatism and neo-liberalism, in G. klerck et al. (eds). Continuity and change:
Labour relations in an independent Namibia
. Windhoek: Gamsberg Macmillan


labour resource and research institute (1999), Understanding the past and present
mapping the future: The National Union of Namibian Workers (NUNW) facing the
21st century
. Windhoek: larri


(2003), Namibia: Labour market and socio-economic indicators. Windhoek: larri
Mbuende, k. (1986), Namibia, the broken shield: Anatomy of imperialism and revolution.


Malmö: liber
Ministry of labour (2001), The Namibia labour force survey 1997: Final report of analysis.


Windhoek: Ministry of labour and National planning Commission
(2002), The Namibia labour force survey 2000: Final report. Windhoek: Ministry of


labour and National planning Commission
Ministry of labour and social Welfare (2006), Namibia labour force survey 2004: Report of


analysis. Windhoek: Ministry of labour and social Welfare
Murray, a. and G. Wood (1997), The Namibian trade union movement: Trends, practices


and shopfloor perception, in G. klerck et al. (eds), Continuity and change: Labour
relations in an independent Namibia. Windhoek: Gamsberg Macmillan


Mwilima, N. (2006), Namibias informal economy: Possibilities for trade union intervention.
Windhoek: larri


peltola, p. (1995), The lost May Day: Namibian workers struggle for independence. Helsinki:
The finnish anthropological society in association with the Nordic africa institute




liberated economy?
a case study of ramatex Textiles Namibia


Volker Winterfeldt


The ultimate foundation of this entire economic order & is in effect the
structural violence of unemployment &

(pierre Bourdieu, The essence of neoliberalism)1


The backdrop
at the Namibian governments invitation, the Malaysian multinational ramatex Ber-
had group opened a subsidiary in Namibia in mid-2002 amid general applause. ra-
matex is an integrated textile manufacturer offering a range of textile products from
yarn to knitted garments. The Namibian branch went into production in the capital
Windhoek as an export processing Zone (epZ) enterprise. ramatex Textiles Namibia
profits from both its epZ status and the advantages derived from the us african
Growth and opportunity act of May 2000. aGoa i allows tariff preferences for
imports from southern africa countries into the us2. on Namibias side, such a good
haul of foreign direct investment (fdi) is not only seen as a success story in itself, it
also serves as a persuasive showpiece, pointing out to other potential global investors
the way to a profitable Namibian future.


as a Namibian epZ company, ramatex capitalises on ample tax and tariff exemp-
tions and is granted preferential treatment in capital and currency matters by way of
legislation. epZ act No. 9 of 1995 exempts companies from any sales or value added
tax payable in Namibia and from all customs or excise duties for goods imported into
the epZ or manufactured in the epZ. Corporate income is not taxed and capital in-
vested protected from expropriation. Companies are not subject to foreign exchange
controls, including the repatriation of capital and profits, and are authorised to hold
foreign currency accounts with local banks. in the interests of developing a skilled
national labour force, the act entitles epZ companies to apply for the reimbursement
of 75% of the costs incurred in training Namibian citizens employed by such com-


1. in Le Monde diplomatique, december 1998:issue: http://mondediplo.com/1998/12/08bourdieu
2. incorporated in the us Trade act of 2002, the act was amended and signed in august 2002.


aGoa ii expands preferential access for imports from beneficiary sub-saharan african coun-
tries to knit-to-shape or wholly assembled apparel articles. in particular, it grants lesser
developed beneficiary country status to Namibia. Thus Namibian epZ-companies are allowed
to use third country fabric in qualifying apparel & regardless of origin of fabric and regardless
of origin of yarn. <http:www.agoa.gov/agoa_legislation/aGoii_summary.pdf>







Vo lk e r Win t e r f e l d t


pany3. in addition to the competitive advantages derived from such stipulations, the
Namibian government offered ramatex most favourable investment conditions with
regard to industrial site, labour supply, energy, water, and political and administrative
handling. Thus, it convinced the Malaysian investor to relinquish a similar but less prof-
itable invitation by the eastern Cape regional government in south africa.


in attracting foreign investment such as ramatexs, Namibia pins its hopes on em-
ployment generation, dissemination of professional skills and technological advance-
ment. The chronic shortage of productive Namibian capital has shaped the countrys
planning for socioeconomic development and higher standards of living since independ-
ence. Thus, since 1990 developmental policies have attached great importance to the
attraction of foreign capital, from which a pivotal contribution to industrialisation and
accelerated growth is expected. article 99 of the Namibian constitution laid the foun-
dations. The foreign investments act No. 27 of 1990 provided for liberal investment
conditions and allowed for the institution of the Namibia investment Centre (NiC)
in the Ministry of Trade and industry (MTi). since then, as the epZ act exemplifies,
promoting an environment conducive to fdi has become a major political concern.
The Namibian government extends a plain invitation to global investors. its economic
policy rationale aims at combining the internal mobilisation of Namibias natural and
social resources with foreign capital resources. The economic impact of export-led in-
dustrialisation, it is hoped, will spur development and eradicate poverty.


economic liberalism vs. social equity: The developmental dilemma
as this quick glance has already shown, ramatexs certification in 2001 as a Namibian
epZ company did not come out of the blue. again, in 2004 the nations most promi-
nent policy document of the new millennium, Namibia Vision 2030, stays true to the
spirit of the outgoing millennium. Though markedly attenuated by a stronger orienta-
tion towards the national workforce as a developmental resource basis4, it reproduces
the familiar neoliberal fundamentals with regard to fdi. The remarkable partnership
between Namibias political elite and the Malaysian investor exemplifies, in several of
its aspects, an essential intellectual trait of Vision 2030: the combination of the vision
of socioeconomic justice on a national scale with the merciless dictates of profitability
emanating from global economic liberalism. Conceptually, such conflicting paradigms
rather represent the reconciliation of the irreconcilable.


The case study of ramatex also substantiates the hypothesis that the post-inde-
pendence economic policies of the south West africa peoples organisation (sWapo)
party government unequivocally dissociate themselves from the vision of a liberated
economy, which the former liberation movement had formulated at the time of the
struggle for national and social emancipation. Whatever the official wording of vision-


3. Cf. sections iii.5.1.a. and b.; iii.7.2.; Vi.16.1.; Viii.25.1. of epZ act No. 9 of 1995. republic of
Namibia, Government Gazette No. 1069.


4. Vision 2030 speaks of people-centred economic development, while the creation of a diversi-
fied open market economy, to be based on the competitiveness in the export sector, represents
the vision for the promotion of Namibias globalised macroeconomic environment. republic of
Namibia, Government of, office of the president (2004):9, 33.






Lib e r a t e d e c on om y ?


ary or policy documents, in actual practice social progress is increasingly devised as a
function of capitalist market forces only. The crude reality of the dictates of the neolib-
eral globalised market economy has long replaced the vision of a liberated independent
economy. Henning Melbers (2003) diagnosis of self-inflicted limits to liberation found
in Namibias political governance and political culture must, sadly, be extended to the
economic realm as well.


To shed light on Namibias developmental policies, it is appropriate to inquire into the
implementation of ramatexs investment and production scheme, looking critically
at both sides of this partnership. for years, in public statements by stakeholders this
scheme has been promoted as being sustainable in terms of its contribution to social and
economic development, as well as from an environmental perspective and in respect of
international relations. only recently, against the backdrop of exacerbated industrial
relations at ramatex, have a few critical comments been voiced.


There is sufficient circumstantial evidence to believe that Namibias practical en-
gagement with the Malaysian company should not be painted in just rosy colours. on
the contrary, on closer examination, the developmental impulse seems to prove rather
small. Moreover, it has to be offset against the saddening helplessness of politics so far,
which failed in transforming into social benefits what little impulse there may have
been. The evidence of the past five years appears to push the year 2030 to an even more
distant future.


The analysis of the ramatex example will inquire into the social limitations of the
neoliberal economic initiative. employment creation will have to be assessed in terms of
the generation of actual purchasing power on an individual level. on a macroeconomic
level, ramatexs investments will have to be weighed against the investment costs in-
curred by the state and the municipality of Windhoek in accommodating entrepreneur-
ial demands. The social costs of allowing a conflictual employment situation will have
to be looked into in terms of exploitation of labour, industrial relations, corporativism
and social freedom.


liberal economics assumes that globalisation is the most efficient tool to counter
marginalisation. its critics argue that globalisation takes place in an economic world
characterised by power differentials. ironically, a look back at the historical example of
the very first classical advocates for global liberalisation, the Manchester textile lobby,
demonstrates the Janus-faced reality of liberalism right from its beginnings: While in-
dia and the world were to open their markets to industrial textiles from england, the
representatives of Manchester capital lobbied for (and obtained) legislative tariff barriers
against the import of indias famous silk fabrics.


in a more general mode, therefore, the analysis of Namibias experience with rama-
tex will have to test the consistency of the above landmark assumption of the neoliberal
discourse: To whose advantage is such a process of globalisation, based as it is on the
superiority of extremely mobile international capital? Can the idea of an equal partner-
ship between the potent investor and the marginalised economy materialise? Can glo-
balisation show the way forward to social equity? or is globalisation, as it often was in
the past, the best tool to further marginalise the underdeveloped economy? one might
even ask how liberal in the classical understanding of the concept, calling for the
complete abstention of state involvement in the economy is an economic policy that






Vo lk e r Win t e r f e l d t


involves the state as an active political, administrative and infrastructural guarantor for
foreign investments?


a preliminary conclusion: The new (or not so new) economic rationale of liberalism
is characterised by neglect of genuine social responsibility. Contrary to its claim, liber-
alism does not halt marginalisation Nor can it prevent further exacerbation of internal
social structural inequalities and contradictions of a dependent economy and society
in the globalisation process in the long run. on the contrary, economic and social
marginalisation comes along with globalisation, as long as the conditional framework
of globalisation follows the well-established pattern dictated by the capitalist accumula-
tion process over the past five centuries.


ramatex in Namibia analysis of an unequal partnership
The players (1): The Namibian authorities


The first news of a major Malaysian textile manufacturer being certified by the govern-
ment as an epZ company was divulged by the NiC in July 2001 (Namibia Economist,
29/6/5/7/2001). This followed a heated public debate between the MTi and repre-
sentatives of the labour movement only months after a critical stocktaking of the first
quinquennium of the epZ policy. already in late 1999, the Namibian economic policy
research unit (Nepru) had critically reviewed the epZ concept. disturbed by the
poor achievements of Namibias foreign investment policies throughout the 1990s, the
analysts emphasised that epZ policies had to meet certain conditions to be successful.
They voiced concern at the early withdrawal of several epZ companies, questioning
their economic agenda (New Era, 18/4/1999). Nepru, in the 1990s an important ad-
visory voice to the Namibian government, pointed to the discrepancy between the gen-
erous incentives Namibia grants foreign investors and their relatively meagre response.
Nepru criticised the legislative and political framework. it suggested the removal of
administrative barriers and the streamlining of procedures for handling epZ companies
(the one-stop-shop; Nepru (october and december 1999). Neprus review, on the
other hand, also considered labour issues to be the crucial drawback to Namibias invest-
ment climate. in particular, it took aim at the limited supply of an educated workforce,
at rigid labour market regulations and the unstable labour relations in the countrys
highly unionised formal sector.


in March 2000, the labour resource and research institute (larri), an institution
often addressed as the think tank of the Namibian labour movement, published a study
critical of epZ. The report set off the initial expectations of the MTi against the actual
state of affairs in the epZ regime. of the envisaged 25,000 new jobs (larri 2000:38),
a mere 405 had materialised (Namibia Economist, 18/24/2/2000). MTi challenged this
figure, indicating employment at about 1,000 epZ workers (The Namibian, 26/4/2000).
still, the MTis offshore development Company (odC) had to confirm that only 405
of a projected total of 1,145 workplaces had been created so far5. The odC also calcu-


5. republic of Namibia (1999):3. The odC had been established in May 1995 by the government
of Namibia in execution of the epZ act as a marketing and management umbrella company for
the epZ regime. see part iX.26. of the act.






Lib e r a t e d e c on om y ?


lated the nominal total capital of the 80 companies that had been granted certificates
since the inception of the epZ programme: it amounted to approximately N$ 8.5 bn.
since only 18 of these companies had actually started operations, epZ capital totalled
N$ 280 m6. larris examination of the firms in operation confirmed a lower amount
of only N$ 130 m7.


Whichever evidence is taken as a basis, whether a total of us$ 21 or 45 m (calcu-
lated on the basis of the figures given above at the current exchange rate of N$ 6.25 per
us$), the inference remains the same: the invitation Namibia had extended globally
for fdi had not yet paid off. in 1990, the country had taken a general policy decision
to embark on an export driven industrialization (republic of Namibia (1995b):5). The
policy had been implemented based on an uncompromising liberalisation of trade and
investment regulations. The epZ regime had added to it, extending the tax holiday
granted to foreign investors indefinitely, and had made an effort to create the necessary
institutional and management structures. Yet, as Namibias founding president Nujoma
admitted at the launch of the odC in 1995, success in attracting new investments &
had been less than satisfactory (The Namibian, 30/5/1995).


it is against this background of a still unsatisfactory outcome of fdi policies and
in view of a critical phase in the development of the Gdp, which had considerably
decreased since the mid-1990s that the MTi decided to take the bull by the horns
when approaching ramatex. The company proposed an investment of N$ 1.2 bn8 for
a Namibian epZ-certified branch, ten times the amount of all previous epZ invest-
ments. The Namibian side offered a conspicuous package of incentives. in addition to
the profitability-oriented epZ advantages, in particular exemption from corporate, sales
and other taxation, duties and levies9, the MTi presented an extremely competitive cost-
cutting arrangement for infrastructural support.


ramatex was granted a 99-year lease on an industrial plot of 43 hectares in Wind-
hoeks otjomuise district (The Namibian, 28/9/2001). While the leasehold was valued
at N$ 16.9 m (New Era, 28/4/2005), the city of Windhoek placed the land at ramatexs
disposal for a nominal fee (AZ, 30/5/2003), as both city Mayor Matheus shikongo
and the citys former Ceo Martin shipanga confirmed. it emerged from the ranks of
the city council that the nominal fee amounted to a monthly N$ 110. subsequently, at


6. as of 30 december 1999, of 80 companies 41 still were in process to start operations, 21 had
withdrawn. all in all 113 companies had applied for an epZ certificate. republic of Namibia
(1999):13.


7. larri (2000):45. in January 2006, Minister of Trade and industry immanuel Ngatjizeko re-
ported that 177 enterprises had been granted epZ status so far, of which only 25 were fully
operational. Their investment totalled N$ 5.2 billion in July 2005, generating 6,976 new direct
jobs. New Era, 26/1/2006.


8. The Namibian, 16/5/2002. in a later statement, ramatexs executive director albert lim men-
tioned a sum of N$ 1.1 billion (The Namibian, 29/8/2002).


9. The picture concerning corporate taxation is ambiguous. in compliance with its epZ status, ra-
matex would be indefinitely exempted from taxes on profits realised in Namibia. The epZ act of
1995 had removed the limitations stipulated by the foreign investments act of 1990. The united
Nations Notes on Namibia report a 99-year tax exemption. iriN News Briefs 8 february 2005.
However, the Namibian media repeatedly referred to a 20-year tax holiday. Namibia Economist,
29/6/5/7/2001; AZ,5/9/2002.


10. N$ 1,188 for the duration of the lease, or us$ 150.




0


Vo lk e r Win t e r f e l d t


ramatexs insistent request, the leasehold had to be extended to a total of 160 hectares
(Republikein, 30/5/2003). The industrial site, situated in one of Windhoeks pristine
hilly and rocky areas, had first to be graded at the citys expense (Namibia Economist,
29/65/7/2001). The city also built an access road at a cost of N$ 1.5 m (New Era,
28/4/2005). ramatex was given free electricity, water and sewage infrastructure11 up
to the factory site, as well as preferential rates for water and electricity12. in return, the
company was under contract with the city to build a waste-water reclamation plant on
its premises, thus taking responsibility for the purification of the highly polluted water
used in the industrial dyeing process (AZ, 1/3/2005). Namport, the parastatal com-
pany managing Namibias only deep-sea harbour Walvis Bay, guaranteed free wharf-
age13. indirectly, Namibias incentives package also included the cost of building a new
container terminal. The decision had to be taken to enable TransNamib, the parastatal
transport company, to handle the transportation of 30 containers daily between Wind-
hoek and Walvis Bay14.


in total, the infrastructural support provided directly to ramatex out of the capital
Windhoeks coffers amounts to N$ 106.12 m15. To this, N$ 17 m for TransNamibs
new Windhoek terminal can be added, though the terminal obviously does not cater
exclusively to ramatex16. The city had entered into an agreement with the Namibian


11. Namibia Economist, 29/6/5/7/2001. The Namibian (28/9/2001) reports that in an agreement
signed between the city of Windhoek and ramatex at the end of september 2001 the City
authority and Government will each spend N$ 30 million for electricity, water and sewerage
infrastructure at the complex. New Era estimates free infrastructure at N$ 27 million (New
Era,
28/4/2005).


12. AZ, 5/9/2002. New Era, the government-owned weekly, reports Minister Hamutenya stat-
ing that he had a meeting with the two chief executive officers of NamWater and Nampower
[both parastatals servicing water and electricity nationwide] as well as the mayor of Windhoek
to give just a small discount on water, electricity and on land to be bought by the company.
13/15/7/2001. The small discount on water tariffs, as it transpired in 2004, was a rebate of
approximately 50% of the full municipal rate. The price of N$ 3.52 charged by the municipality
was below cost recovery (The Namibian, 2/7/2004). The rebate on electricity was such that the
N$ 0.185 per kilowatt/hour the municipality charged ramatex forced the capitals electricity
department to overspend its budget in 2004 by N$ 4.3 m in subsidising ramatexs consumption
of electrical energy (The Namibian, 25/2/2005. AZ, 1/3/2005).


13. Namibia Economist, 29/6/5/7/2001. However, Namport benefits from port charges. on the
other hand, Namibias economy is not commissioned to handle ocean freight for ramatex, which
is taken over by the us-american Gulf africa line. Gal ships about 700 containers of textile
and apparel every month to the states (Namibia Economist, 20/26/7/2001).


14. initially, TransNamibs capacity was limited to about half of this number. in september 2002,
ramatex complained about capacity-related bottlenecks created by TransNamib and Namport.
TransNamib, insolvent as it was at that time, decided to invest N$ 17 m in a new and modern
container terminal in Windhoek. The sum had to be made available to the parastatal by govern-
ment (AZ, 5/9/2002; 6/9/2002. The Namibian, 5/9/2002).


15. statement of Hafeni Nghinamwaani, the then strategic executive of the department for economic
development of the city of Windhoek. The money comes from the citys capital development
fund (Namibia Economist, 5/11/2002; AZ, 1/4/2002). in april 2005, The Namibian divulged
some details of the package: the first 43 hectares of the industrial plot were valued at N$ 16.9 m,
the access road at N$ 1.5 m, subsidised electricity and free infrastructure were estimated at N$
27 m, subsidised free water supply and infrastructure at N$ 39 m, the sewage system at N$ 17.3
m (The Namibian, 1/4/2005).


16. larri, in an excellent study of the working and social conditions at the ramatex factory that
caused quite a political stir, concludes: Based on the assumption that ramatex and its subsidi-






Lib e r a t e d e c on om y ?


authorities obliging the government to reimburse the capital city half the costs incurred
in serving ramatex. The state proved quite slow in honouring the contract17.


last but not least, the issue of the reimbursement of costs incurred in the vocational
training of Namibian employees of ramatex has to be addressed. The wording of the
epZ act entitles ramatex to a refund of up to 75%. it would be quite surprising if ra-
matex had not seized this financial opportunity, given that the firm is forced to employ
most of its Namibian workforce first on a trainee basis due to the lack of a sound voca-
tional background. Moreover, the act makes the development of labour skills a condi-
tion for granting epZ status18. However, official statements on the matter have been
strictly avoided. on the contrary, whenever they rated the significance of ramatexs
economic venture for Namibias economic progress, stakeholders regularly emphasised
the multiplier effect of the skills transfer made possible by the employment generated
by the company. also, in september 2004, the permanent secretary in MTi, andrew
Ndishishi, revealed vague government plans to facilitate the future training of ramatex
workers at public expense, in order to obviate the need for the Malaysian company to
continuously resort to the employment of foreign workers (The Namibian, 15/9/2004).


What the permanent secretary withheld, however, was the fact that the Namibian
authorities had already started financing the training of ramatex workers as from the
200203 financial year. since then, the Namibian state budget had provided an annual
N$ 500,00019. To date, the state revenue fund has subsidised ramatex for the voca-
tional training of its employees to the tune of N$ 2.05 m. This subsidy is all the more
surprising given that the firm is under an obligation to self-finance the training of its
workers in full. Ramatex had signed a contractual statement on the matter in 2001 in
return for the incentives package granted by the city of Windhoek (AZ, 1/3/2005).


The players (2): The multinational conglomerate


ramatex Berhad, ramatex Namibias parent company, is Malaysias largest and only
fully vertically integrated textile manufacturing enterprise. it produces mainly for the
export markets of the developed capitalist world. The group, registered on the kua-
la lumpur stock exchange since 1996, employs 45,000 workers (Namibia Economist,
29/6/5/7/2001). founded in 1982, the company expanded into China in 1997. it is


aries will employ about 7,000 Namibian workers at the end of 2003 with an average wage of
N$ 500 per month, and given the expenses of about N$ 120 million in public funds to set up
infrastructure for the company, the following calculation can be made: The financial support that
ramatex received from the Namibian government is equivalent to the salaries of all worker for 34
months almost 3 years! larri (2003):39.


17. until april 2005, the city had received only N$ 19.8 m from the state (The Namibian,
1/4/2005).


18. republic of Namibia (1999), parts Viii.25.(1)(3) and ii, 3(e).
19. under budget vote 27/04/045 (respectively, for 200506, N$ 550,000 under budget vote


10/10/45). Government of Namibia (2003), p. 379 and Government of Namibia (2004), p. 384:
Budget vote 27, Higher education, Training and employment Creation, Main division 04: Vo-
cational and Technical Training, item 045: ramatex. Government of Namibia (2005), p. 151:
Budget vote 10, education, Main division 10: Vocational education and Training (VeT), item
45: ramatex. see also: sherbourne (2005):6.






Vo lk e r Win t e r f e l d t


controlled by the Ma family, which owns 59% of the shares. Branches operate in singa-
pore, Cambodia, China, Mauritius and Namibia20.


ramatex Textiles Namibia (pty) ltd. is certified as a single-factory export process-
ing Zone. it counts four subsidiaries, all located in Windhoeks otjomuise district: fla-
mingo Garments, rhino Garments, Tai Wah and lichen apparel. The otjomuise fac-
tory operates a spinning mill (ring spun), two dye houses and 2 knitting mills (Cotton
News 2003:3). its production is directed towards the eu, the Middle east and mainly
the east coast of the us, favoured by the aGoa stipulations. The plant was built with
imported prefabricated materials21. The means of production, as well, were imported,
partly by falling back on machinery from the south african subsidiaries. To date, all
the raw materials and semi-processed goods are imported into Namibia, as the country
does not produce sufficient cotton of its own to satisfy ramatexs demands. ramatexs
monthly production totals N$ 50 m22.


prior to their closure in october 2003, ramatex operated three factories in dim-
baza, king Williams Town, not far from east london in the eastern Cape province,
south africa. With the prospect of considerably reducing its capital costs in Namibia,
the parent company decided to terminate the operations of Tai Wah Textiles south
africa and May Garments Company south africa (larri 2003:8). Trade union calcu-
lations show the following comparison of average salaries paid by ramatex: N$ 625 in
Namibia, N$ 809 in Mauritius, N$ 1,184 in south africa and N$ 1,398 in Malaysia.


originally, ramatex south africa had entered into negotiations for expansion with
the eastern Cape regional authorities, presenting its plans for the employment of an
additional 18,000 workers. The provincial authorities offered a 100-hectare factory site
on flat land for r 250,000 in Buffalo City, supported by Buffalo Citys Mayor sindisile
Maclean. The company was granted a tax holiday for six years, approved by the sa
ministry for trade and industry. However, the south african cabinet opposed further
privileges demanded by the Malaysian subsidiary. as a result, ramatex sa was on the
lookout for alternatives, criticising the eastern Cape governments incentives for not
being strategically fit for ramatexs investment criteria and vision23. one of the sa
subsidiaries apparently turned down an offer from lesotho (AZ, 14/3/2002). eventu-
ally, the attractiveness of Namibias incentives package lured the concern to otjomuise.
The south african factories closed down after just two and a half years. This fact points
to the extreme mobility of international textile capital. ramatex Namibia went into
production in mid-2002, only one year after successfully concluding its negotiations
with the Namibian authorities, a development marked by the official inauguration on
14 June 2001 (http://www.windhoekcc.org.na/default. aspx?page=120).


20. Der Standard, 30/6/2005. international Textile, leather & Garment Workers federation (no
year of publication), Mollet 2001:94. <http://www.ramatex.com.>


21. The Namibia Economist reported the arrival at Namibias international harbour Walvis Bay of
forty two containers containing prefabricated materials to be used in building the plant & port
authorities said this week that they are expecting 600 to 700 more containers (20/26/7/2001).
see also: The Namibian, 28/10/2005.


22. as of the second half of 2003. AZ, 27/10/2003. The MTi agencies, Namibia investment Centre
and offshore development Centre, in december 2003 estimated a monthly volume of produc-
tion of about N$ 28 m (investdevelop Namibias investment Newsletter, 8/12/2003:2).


23. dispatch online, 21/6/2001.






Lib e r a t e d e c on om y ?


ramatex Namibia had intended to go into production in september 2001, but con-
struction work started only in august 2001. at first, MTi announced the employ-
ment of 18,000 workers (New Era, 13/15/7/2001), whereas the concern planned for
15,000, 8,000 of them to be taken on in the first three years (Namibia Economist, 20/
26/7/2001). However, only by March 2002 had the first 1,000 workers completed their
training at the Windhoek Vocational Training Centre (larri 2003:11). at peak times,
ramatexs workforce amounted to approximately 8,000 employees (AZ, 27/10/2003).
Currently, after the closure of rhino Garments at the end of 2005, the number of work-
ers has levelled out at 6,500.


The company again postponed the start of its garment production to april 2002
(AZ, 24/4/2002), waiting for further liberalisation of imports into the us through
aGoa ii, which eventually became us law in august 2002 (<fdiMagazine foreigndi-
rectinvestment>:1.8.2002). Namibia had been presented its original aGoa i certificate
only in december 2001 (AZ, 11/12/2001). in this agreement, the country had not been
listed as a Lesser Developed Country (ldC). Thus, Namibian exporters were restricted
to purchasing their raw materials and semi-finished products either from america or
from specific african countries. in the meantime, Namibia continued negotiating for
its ldC-status. Namibias reclassification under aGoa ii would allow the company
to procure the bulk of its production-related imports directly from its own plants in
Malaysia. eventually, ramatex went into apparel production in June 2002, once the
us House of representatives had successfully passed aGoa ii legislation (http://www.
grnnet.gov.na/News/archive/2002/april/ Week4/ramatex.htm).


on several occasions, ramatex brought into play its remarkable economic heft
in negotiations for further support from the Namibian side. The concern demanded
a spatial extension of its lease in september 2002 to be used for industrial expansion.
initially, the city of Windhoek reacted reluctantly to the companys demand for more
land. as a result, executive director albert lim bypassed the municipal authorities
and approached prime Minister Gurirab directly. Quite uncouthly, lim hinted at the
possibility of disinvestment. The Namibian government mediated between the two
parties. eventually, the city bowed to the pressure from both sides and placed two more
industrial plots at ramatexs disposal free of charge.


some of the initial hopes for forward linkages for Namibian entrepreneurship
seemed to materialise. Jesaya Nyamu, Hamutenyas successor as minister for trade and
industry, particularly emphasised increased revenues in the transport sector (The Na-
mibian, 28/3/2003). undoubtedly, employment creation has to be added on the com-
panys credit side, as well. after all, ramatex has become the biggest single employer
in Namibias private sector economy. some hopes, on the other hand, did not come to
much. after receiving the second portion of land for free from the city of Windhoek in
2002, the firm announced its plans to establish its own subsidiaries to complement the
textile sector: a factory for plastic and carton packaging, another manufacturing elastic
bands, facilities for producing garment labels, buttons, and zips, as well as a printing


24. We are now faced with the dilemma of whether to move to Malawi or Botswana for expansion
(The Namibian, 5/9/2002).


25. 5 ha in July 2002 and 112 ha in May 2003. in total, ramatexs leasehold amounts to 160 ha. (AZ,
25/9/2002; 30/5/2003).






Vo lk e r Win t e r f e l d t


house. also, the firm considered setting up department stores for about 10,000 employ-
ees on its premises, as well as a sports centre (New Era, 23/26/9/2002). By mid-2007,
none of these ambitious plans had materialised. on the contrary, the only additional
use made of the industrial plot was an improper one, as ramatex erected buildings for
residential purposes (AZ, 25/9/2002). Windhoek officials complained to the govern-
ment, to no avail.


despite its importance as an employer, ramatexs contribution to boosting the pur-
chasing power of Namibias formal sector is clearly limited by the low level of salaries
paid to the production workers, mainly female. Moreover, there are reasonable doubts
as to the positive effect of ramatexs economic activity on the countrys public funds.
The wage structure agreed to between management and trade union, coming into ef-
fect on 1 february 2003, shows that the annual income levels of the companys african
workforce remain below the taxation threshold.


in the first two years of its existence in Namibia, the Malaysian company displayed a
certain liberal nonchalance in complying with the laws and policies of the host country.
These are some of the issues on public record:
no publication of an environmental impact assessment report, as required by Na-


mibian environment-related policies;
issuing a written demand to female workers to undergo pregnancy tests as a prereq-


uisite for employment;
no registration as a factory with the ministry of labour;
withholding contributions to the social security commission funds until august


2002 (The Namibian, 12/7/2002;
denying the union(s) access to the premises for the purpose of unionising, thus


denying workers the right of collective bargaining (ibid.);
setting up residential units within an industrial area, as well as lined ponds, with-


out an approved plan, without written permission from municipal authorities, and
against their written wishes to stop building activities (AZ, 25/9/2002): such resi-
dential units contravene a clause in the epZ act precluding residence in an epZ;


violation of quality standard regulations iso 14,000 and saBs regarding industri-
al sewage; violation of regulations concerning the installation of electrical cables;


feeding cheap industrial power into the electrical net of residential units built on
ramatexs premises (The Namibian, 23/1/2002).


on 18 May 2005, after several months during which rumours were regularly brushed
aside by the Namibian authorities as unfounded, ramatex Textiles Namibia closed
down its otjomuise subsidiary rhino Garments and 1,600 workers were retrenched
(<http://www.laborrights.org/press/namibia_tex-tiles0505.htm>: 19/5/2005). Their mea-
gre retrenchment packages, the fruit of weeks of negotiations between trade union and
management, granted workers a severance allowance equivalent to one weeks salary in
appreciation of their service, in addition to a lump sum of N$ 300 . ramatex accused
the Namibia food and allied Workers union (Nafau) of having plotted with the


26. one and a half weeks for workers with a minimum of two years service, plus N$ 375 (New Era,
17/5/2005).






Lib e r a t e d e c on om y ?


Brussels-based international Textile Garment and leather Workers federation (iT-
GlWf) to stage an abstention campaign among american consumers, which allegedly
curbed orders from the us market. in January 2005, the iTGlWf in an open letter
had turned to Namibias founding president sam Nujoma, MTi, the ministry of labour,
as well as to the international labour organisation (ilo), complaining of appalling
labour practices and workers rights abuses. The same letter of complaint reached sev-
eral major us chain stores such as sears, kMart, shopko, oshkosh BGosh inc. and
Childrens place. The appeal attracted considerable attention from the general public in
Namibia and the commercial world in the us.


However, rhino Garments closure may well have been motivated by other consid-
erations, such as the expiry of the international Multi-fibre arrangement (Mfa) and
the agreement on Textiles and Clothing (aTC) on 1 January 2005, and the power
game initiated by the companys management to send a message of intimidation to its
employees in the remaining three otjomuise subsidiaries. Based on the first bilateral
agreements signed in the 1960s, the Mfa in 1974 and (on Mfas expiry in 1994) the
aCT in 1994 had governed the international textile sector, restricting textile and cloth-
ing imports from low-wage economies. strict quotas favoured producers in the industr-
ialised world. for ramatex, this meant two things: in future, the outlet in its classical
metropolitan markets would narrow, as competition with other low-wage producers
from developing economies, especially from China, stiffened. on the other hand, being
itself well placed as a producer in China and in other asian countries, the multinational
mother conglomerate benefited from the scrapping of quotas. since the us has already
signalled that aGoas validity would be extended to 2015, ramatex Namibia, though
facing stronger competition, could still avail itself of its preferential treatment on the us
market as an African producer reason enough to carry on production in Namibia for
the time being, while threatening to close shop.


The combination of all these factors may have induced ramatex Textiles Namibia
to send a message of intimidation to its remaining workforce of 6,000 by closing down
rhino Garments after three years of strained industrial relations in all the otjomuise
factories. The intention was not difficult to decipher: since the signing of the first wage
agreement in 2002, ramatex workers had not received any salary increase. salary nego-
tiations were protracted for years and only concluded in october 2006 when the union
finally mustered its courage and prompted workers to down tools. even then, after be-
ing forced to make remarkable concessions, ramatex insisted on publicly voicing the
possibility that it could transfer its production any day now, and altogether, to other
african countries.


The players (3): The Namibian workers and trade unions


ramatexs workforce represents the weakest link in the tripartite game between the
state, the multinational company and labour. in mid-2004, the company employed
approximately 8,000 workers, thus becoming the biggest single private employer in
post-independence Namibia. around 1,900 of them were Chinese, Malaysian, filipino
and Bangladeshi nationals, the first three groups also serving as trainers on the job and






Vo lk e r Win t e r f e l d t


supervisors. Considering the restrictive immigration policy of the Namibian govern-
ment, their number appears rather surprising.


in september 2002, after some months of training Namibian workers on the job and
paying them extremely low salaries, a three-tier salary scheme was adopted. it is based
on skills, piecework27, and in actual practice, nationality. Both Namibian and asian
workers earn a basic salary. Where the piece rate is met, a piecework wage is added.
Wages differ markedly between Namibians and their asian fellow workers in better job
positions, the Namibian workforce being at a disadvantage. Their wages, on account of
the minimal rating of their professional skills, hardly exceed the basic salary.


until 31 august 2002, ramatex paid N$ 1.76 per hour to a trained worker (The
Namibian, 30/8/2002). The new salary scheme again put trainees into the lowest salary
bracket. until october 2006, they earned an hourly wage of N$ 1.50, whereas work-
ers were paid N$ 3.00, quality controllers N$ 3.50 and supervisors N$ 4.00 (larri
2003:19). on the basis of the contractual nine-hour shift calculated for 23 work days
per month, monthly salaries in the respective categories amount to N$ 301.50, N$ 621,
N$ 724.50 and N$ 828. in actual practice, ramatexs employees are asked to work on
saturdays (paid overtime at a rate of 1.5) and occasionally on public holidays (double
time). even then, a supervisors salary, the highest category, would not be subject to
taxation. in comparison, the minimum wage introduced in 2004 for commercial farm
workers, traditionally one of the most underprivileged employee groups in the formal
labour sector in Namibia, is fixed at N$ 421 in cash and additional N$ 250 in kind,
that is at N$ 671. Correspondingly, annual salaries of ramatex workers in the respective
categories amount to N$ 3,726, N$ 7,452, N$ 8,694 and N$ 9,936. Thus, wages range
between a monthly us$ 48 and us$ 13328, with an average calculated at us$ 90. The
only contribution deducted from the workers salaries and apportioned to a public fund
is the monthly premium paid to the social security commission.


ramatex introduced a complex six-step recruitment and training procedure. Work-
ers are only taken on probation, a period covering approximately 3 to 6 months at the
companys discretion. during this time they qualify only for a trainee salary29. Wages
do not provide for medical benefits or for any housing or transport allowances (The Na-


27. Cf. flexible remuneration scheme, clauses 2.1 and 2.2 of template letter of appointment
from flamingo Garments. ramatex Textiles Namibia (pty) ltd (2002a):1.


28. Calculated at a rate of 6.25 Namibian dollar per us dollar (april 2006).
29. a leaflet handed out to applicants outlines the recruitment procedure. it states the following


steps: applicants register with the ministry of labour, which according to the trade union, com-
piles a list of applicants and communicates it to the company (step 1). an interview follows (step
2). passing the interview, the applicant is admitted to a training programme after a test period
of 35 days (step 3). once taken into the training programme, she/he signs a training agreement
and undergoes further training for two weeks until the next evaluation. passing the evaluation,
10 more weeks of training ensue (step 4). step 5 consists of a performance appraisal. as far as
step 6 is concerned, the leaflet remains ambiguous. it states: sign contract after three months
and salary increased [sic!]. This may imply that now, after three months, a contract is signed. it
may also mean that after an initial 3 months of training, another 3 months of trainee status are
required before the worker is granted a workers salary of an hourly N$ 3. larris study confirms
that training periods in individual cases may span even more than half a year. Training takes
place either at the Windhoek Vocational Training Centre, and/or on the job at ramatex. With
regard to the recruitment procedure, ramatexs management corroborates workers information
that the ministry of labour keeps a database of applicants (cf. larri 2003:1516).






Lib e r a t e d e c on om y ?


mibian, 24/4/2003). The latter, as a rule, is of substantial significance for every employee
in Windhoek. in the capital, as in all the urban centres of southern africa, apartheid
had not only segregated black workers in distant townships but also hindered the devel-
opment of a public transport system. Today, the municipality lacks the means to provide
sufficient public transport30. forced by their meagre wages to economise, the (mainly
female) workers have to walk long distances in an unprotected and unsafe area that has
since become a focus for crime.


Working conditions are reported to be problematic in various ways. at the height
of the first recruitment wave at the beginning of 2002, ramatex demanded pregnancy
tests at the applicants own expense. The firm refused to appoint pregnant women. a
public outcry followed, condemning the employment practice as a violation of Na-
mibian labour laws. The companys management first denied any such measure, then
admitted to having issued a letter prescribing the pregnancy test and eventually revoked
it31. employees also complained of health and safety issues, especially skin rashes caused
by dyes (larri 2003:224). When their complaints were taken up in media reports,
ramatex reacted with a full-page advert questioning the reliability of the report (New
Era,
5/11/7/2002).


initially, staff was denied the right to collective bargaining. The company forbade
unions from entering the premises to enlist members (The Namibian, 8/7/2002). only
on 2 october 2002 did ramatex and the Namibia food and allied Workers union
(Nafau) signed a recognition agreement. The document emphasises the concept of
freedom of association and grants the union collective and exclusive bargaining rights.
in its turn, Nafau committed itself to answering for the legality of all industrial ac-
tion32. under such a corporativist scheme, the union is under a legal obligation to assist
in law enforcement in cases of industrial action. in mid-2003, nine shop stewards repre-
sented the workers at the four subsidiaries in otjomuise (The Namibian, 2/6/2003).


Various seeds of conflict created a delicate situation. as a result, since the inception
of production five so-called wild cat strikes have brought ramatex to a temporary halt.
This sparked off conflict between the trade union and workers and prompted action


30. private taxis cater for most of the capitals commuters. Normally, Namibian companies either
provide transport to and from work or pay transport allowances on top of the salary. as a result of
the habitational structures of apartheid, the vast majority of ramatexs workers live in katutura,
Windhoeks african town centre, and the northwestern districts, at a distance of at least seven
to eight kilometres from their workplace. Thus, working in otjomuise requires paying two taxi
fare stages. at the current rate of N$ 6.5 per stage, transport costs amount to N$ 26 per day, or
approximately N$ 650 to 700 per month. Comparing such expenses with the salaries indicated
above sheds light on the plight of ramatexs workforce.


31. ramatexs demand was allegedly aimed at avoiding later applications for maternity leave. The
minister of womens affairs and child welfare condemned managements demand as discrimina-
tory and infringing the countrys labour act (New Era, 1/3/3/2002). executive director albert
lim countered that no employee had been forced to undergo pregnancy tests. (The Namibian,
14/3/2002). The same newspaper (26/6/2002) claimed to be in possession of a letter to employees
from ramatex, which confirmed the allegation. Calle schlettwein, the permanent secretary at
the ministry of labour, declared the request for pregnancy tests illegal. in July, ramatex admitted
to having issued the letter demanding pregnancy tests to applicants in february 2002, stating
that the letter had been revoked (New Era, 5/11/7/2002).


32. Clause 11 of the recognition agreement between ramatex Textiles Namibia (pty) ltd and the
Namibian food and allied Workers union. ramatex Textiles Namibia (pty) ltd (2002c).






Vo lk e r Win t e r f e l d t


by government officials, who accused the employees of sabotaging Namibias efforts to
attract foreign investment. While two of the strikes involved only the Namibian labour-
ers, the other three engaged the asian employees.


The first downing of tools in protest against new contracts occurred on 28 august
2002 and involved approximately 100 discontented workers (The Namibian, 29/8/2002).
for several weeks, the atmosphere at ramatex had been disturbed by the protraction of
the recognition talks between the union and the company and by widespread confusion
over contracts aimed at introducing productivity-related piece rates. in that difficult sit-
uation, Namibian officials intervened. They asserted the governments official political
stance, countering the workers demands. a large delegation of members of the National
Council, the second chamber of the Namibian legislature, visited the ramatex plant in
otjomuise, publicly expressing their satisfaction with the companys achievements. The
NiC headed by david Nuyoma accompanied them (New Era, 16/18/8/2002). only a
minority of workers went on strike, but ramatex reacted by locking out all 1,500 em-
ployees (The Namibian, 30/8/2002), who then staged a demonstration at the ministry of
labour. The strike was called off after both Nafau and the ministry intervened. sub-
sequent negotiations between the union and the company resulted in the salary scheme
coming into effect on 1 september 2002. However, locked-out workers had to reapply
for their jobs (New Era, 30/8/2/9/2002).


The second occurrence involved about 3,000 textile workers on 15 april 2003. Their
action over wage increases and transport allowances again met with a total lock-out by
the company, this time for two weeks. Nafau intervened, mediating between man-
agement and labourers as Namibian riot police entered the factory. ramatex declared
the dismissal of the initiators of the strike. it rejected all claims for higher wages, citing
its fears for the multinationals competitiveness under the Charles darwin economic
Theory (executive director albert lim in The Namibian, 23/4/2003) as a pretext. on
29 april, employees resumed work. They were again forced to sign new contracts and
416 workers remained suspended for allegedly masterminding the strike (The Namibian,
8/5/2003). The strike yielded no result, meeting multiple resistance. in a concerted
move, management and Namibian officials dismissed the industrial action as economic
sabotage33. likewise, the union labelled it as illegal (The Namibian, 22/4/2003). above
all, the strikers bargaining power was severely weakened by the fact that the company
countered their action by recruiting workers for its newly opened subsidiary rhino
Garments. every day, for about a week, some 1,000 workers flocked to the gates, pre-
pared to accept any salary as long as they could gain employment (Namibia Economist,
9/15/5/2003).


The high rating that ramatexs initiative had gained in the economic policies of the
Namibian government showed again in october 2003. The Namibian trade unions re-
search arm, the labour resource and research institute (larri), published its critical
assessment of labour issues at the multinationals Namibian affiliate. The in-depth re-
port received great attention from the media. in response, MTis Jesaya Nyamu denied
that ramatexs labour relations could be classified as exploitative (AZ, 24/10/2003). Just


33. state president Nujoma on labour day 2003. He condemned the strike as illegal, called one of
the worker activists a spy (AZ, 2/5/2003). previously, david Nuyoma had stated that the illegal
strike sent the wrong signal to potential investors (AZ, 24/4/2003).






Lib e r a t e d e c on om y ?


a week after the publication of the report, president Nujoma started a media offensive
in support of ramatex and ostentatiously visited otjomuise (AZ, 27/10/2003). Nahas
angula, then minister of higher education, presently Namibias prime minister, justi-
fied the companys wage structure as reflecting the workers low productivity levels (The
Namibian, 5/11/2003).


To this day, industrial labour relations have hardly improved. Conflicts continue at
the companys premises. in december 2003, ramatexs 500 filipino employees brought
their grievances about poor wages, cramped living conditions and health concerns (The
Namibian, 17/12/2003) before the public. The conflict simmered at low intensity until
July, when the workers again took action, finally forcing the company to honour some of
their requests. in January 2004, a majority of the 1,000 Chinese workers downed tools,
both Malaysian Chinese and Chinese workers from the mainlands peoples republic
(Asian Labour News, 5/2/2004). The case of the 416 Namibian workers who had been
suspended after the industrial action in april 2003 kept the interest of the media alive
during the first half of 2004 (New Era, 26/1/2004). The employees, while still waiting
for a disciplinary hearing to be instituted by ramatex as prescribed by the procedural
stipulations of the Namibian labour act, had taken their case to court.


in august and september 2005, the sad saga of the 438 Bangladeshi workers at
ramatex swept through the press. The company finally managed to get the labourers
deported from the country by the Namibian authorities, after hiring them overseas only
a few months before. The Namibian unions umbrella organisation, the National union
of Namibian Workers (NuNW), and Nafau threatened to stage a general strike but
were overtaken by the swift action of the state in rescinding the Bangladeshis work
permits. in october 2004, the infection control unit of the katutura state hospital in
Namibias capital Windhoek informed the city of Windhoek and the general public
of its investigations into the alarming rate of skin infections among factory workers at
ramatex34.


in January 2005, the iTGlWfs boycott appeal sent a shock wave through the pub-
lic, forcing government, ramatex and Nafau to engage in tripartite discussions in the
following weeks (The Namibian, 31/3/2005). in april 2005, Bishop Zephania kameeta
of the evangelical lutheran Church of the republic of Namibia (elCrN) gave his
view on the questionable effects of globalisation on Namibian society. Bringing his high
moral repute to bear, he publicly exhorted the Namibian churches to take a stand (AZ,
29/4/2005). in the meantime, the first media rumours about rhino Garments closure
shook the public.


The second half of 2005 and the early part of 2006 were marked by the protracted
dispute over the long overdue salary increase. since the first salary agreement, rama-
tex labourers had kept working for the same monthly pay. Nafau asked for salary
increases from N$ 3 an hour to N$ 6.50 for the lower income bracket and from N$
4.50 to N$ 8.50 for supervisors. The company smugly let its employees know that it had
opened four new factories in China, and then countered the unions demand by offer-
ing an increase in the hourly pay rate of 10 Namibian cents. Nafau, well aware of the
predicament of the workers who might be caught between an insufficient income and


34. Media reports spoke of more than 20 cases of skin irritation a day, and the numbers appeared to
have increased over the last two or three months (The Namibian, 22/10/2004).




0


Vo lk e r Win t e r f e l d t


no income at all in the not unlikely case of total disinvestment by ramatex, offered to
lower its demand to 50 cents. Management raised its offer by a further 5 cents, main-
taining that the Namibian staffs miserable productivity did not allow for more.


following these skirmishes in december 2005, Namibias prime Minister Nahas
angula intervened to try to end the deadlock in January 2006, to no avail (The Na-
mibian, 26/1/2006). Months of rumours followed during which the Malaysian com-
pany engaged in a scathing censure of the productivity of its Namibian workforce. The
textile multinational created the impression that it had already made the firm decision
to cease its operations altogether. its threat of final closure seemed to be corroborated
in May 2006 when details of a letter addressed to the Namibian government filtered
through. ramatexs management had offered its Namibian subsidiary to the Namibian
state for sale at an asking price of above N$ 500 m (The Namibian, 15/5/2006). The
executive director of the ramatex Berhad group, albert lim poh Boon, stated his inten-
tion to close shop by 30 May 2006 should the Namibian partner not show immediate
interest (AZ, 17/5/2006).


ramatexs assertion of the uncompetitive productivity of its local workforce weighed
heavily in the public debate, as it touched on a sensitive nerve, Namibias want of a skilled
industrial labour force. resulting from tried and tested apartheid practices of prevented
industrialisation, Bantu education and bonded migrant labour in colonial times, the
countrys post-colonial economy indeed experiences marked vocational shortcomings.
against the neoliberal backdrop of economic policies aiming to attract fdi, such want
is seen as a major handicap with the potential to scare off international investors. ironi-
cally, the blame is laid on the Namibian labourers.


ramatexs case, on the other hand, is hardly verifiable. Not being a listed company in
Namibia, no audit reports are made available by the company, which makes it difficult
to establish the facts (The Namibian, 17/5/2006). Herbert Jauch, larris director and
researcher, undertook to question the companys assertion closely. in a study of africas
clothing and textile industry focusing on ramatex Namibia, he related the value of Na-
mibian exports to the us in the years 200204 to the estimated labour costs incurred
by ramatex. The findings are startling: labour costs, including both the Namibian and
asian labour force in ramatexs service, total approximately 10% of Namibian export
value (Jauch 2006:2167). even taking only the strictly aGoa-related statistics for
total Namibian imports of textiles and apparel to the us in 2004 as a basis for a similar
calculation, ramatexs labour costs would barely exceed 15% of the customs value of
the companys Namibian exports to the us35. Whatever the accuracy of the contention
about low productivity levels, these certainly cannot be put forward to explain the (al-
leged) lack of profitability in ramatexs case.


35. http;//www.agoa.info/?view=country_info&country=na&stay=trade. This aGoa website indi-
cates a volume of Namibian textile and apparel imports into the us in 2004 classified under
aGoa and Gsp (Generalized system of preferences) of us$ 161.193 m. The lack of any Na-
mibian textile industry other than ramatex makes it likely that the exports listed above are to
be ascribed to ramatex only. The companys labour costs of us$ 24.8 m are then related to the
export value.






Lib e r a t e d e c on om y ?


The Namibian government reacted to the companys blackmail by setting up a high-
level technical committee of cabinet ministers and the NuNW36. as an alternative to
the proposed takeover, a turnaround plan intended to salvage the situation (New
Era,
22/5/2006) was soon announced. it included:
the provision of N$ 13 m by the Namibian state to finance the water reclamation


plant that ramatex (in 2002) had contractually agreed to build and pay for37;
the refund of vocational training costs. However, the plan avoided mentioning the


fact tha such refunds had been regularly provided for in the nations annual
budget legislation since 2002;


the promise to induce the parastatals Nampower and NamWater, as well as the
municipality of Windhoek to grant ramatex preferential tariffs for electricity and
water. possibly, the promise was made in view of the expiry of the favourable terms
ramatex had enjoyed since 2002;


the assurance that the trade unions would be reminded of their national obligation
to contribute to industrial peace;


the firm intention to mobilise the southern african Customs union (saCu) and
the southern african development Community (sadC) to negotiate for rama-
texs preferential treatment in southern african and european markets (New Era,
22/5/2006).


The Malaysian multinational, staging yet another uncompromising tactical move, re-
jected the governments offer. instead, it renewed its bid to sell the business to the state.
Concurrently, it began removing all equipment from its otjomuise spinning and knitting
factories, relocating the machinery to its overseas subsidiaries (AZ, 2/6/2006). Though
it refrained from any direct intervention, this last move might have prompted the Na-
mibian government to begin opposing ramatexs pressure. The authorities launched a
series of routine audits and checks intended to establish the companys compliance with
environmental and aGoa rules. at the beginning of June 2006, the government finally
rejected ramatexs offer of a buy-out (AZ, 7/6/2006).


The states negative response marked a turning point. ramatex indicated its willing-
ness to reconsider the generous incentives programme offered by the government. By
the end of June, it resumed negotiations with Nafau on the disputed salary increase.
Company and unions decided to set up a joint committee tasked with monitoring pro-
ductivity (AZ, 4/7/2006). Thus, for the first time in months, ramatex sent a signal that
it indeed intended to maintain production in Namibia. in august 2006, media reports
revealed secret negotiations between government officials and ramatex Berhads execu-
tive director, albert lim, flown in from kuala lumpur. This time, the talks excluded
the unions. it transpired that lim pressurised the Namibian government to grant work
visas in considerable numbers to allow the entry of additional asian employees to Na-
mibia. The request was again motivated by the Namibian staffs alleged productivity


36. on the governments side, the committee included the permanent secretary of the ministry of
finance, Calle schlettwein, as a chair; the representatives of MTi, the ministry of foreign affairs,
the attorney generals office and of odC (The Namibian, 15/5/2006; 22/5/2006; 30/6/2006).


37. Criticised for the environmental damage caused by its production process, ramatex had pledged
N$ 25 m for the construction of the plant in a full-page newspaper advert in 2002.






Vo lk e r Win t e r f e l d t


backlog, provoking harsh reactions from Nafau and the NuNW (The Namibian,
11/8/2006).


The last act, for the time being, took place in october 2006. The inconclusive wage
negotiations, governments pliability in complying with the multinationals request to
employ a foreign workforce and especially the unrest among the Namibian labourers
at ramatex induced the unions to call for a strike ballot. Nine out of ten workers voted
for industrial action (The Namibian, 11/10/2006). Concurrently, the city of Windhoek
announced its decision to take charge of the factorys waste management at ramatexs
expense, after publishing the devastating findings of the citys investigation into water
pollution in otjomuise. However, the city also confirmed the companys release from its
contractual obligation to build a water reclamation plant38.


on 13 october 2006, ramatex workers downed tools. Two days of abstention from
work combined with the states refusal of a take-over and the recent hard line taken by
the municipal authorities induced the company to eventually make remarkable conces-
sions:
a salary increase of 36.7%, from N$ 3 to N$ 4.10 per hour;
a monthly housing allowance of N$ 150;
a monthly transport allowance of N$ 100;
an annual bonus of 60% of the monthly salary.
in addition, the parties to the wage settlement agreed to the introduction of a medical
aid scheme, to which the company is to contribute 70%, and to the establishment of
a pension fund, to which both employee and employer are to pay in a contribution at
the rate of 5% of the employees salary. The agreement became effective on 1 october
2006, 49 months after the first salary agreement (New Era, 16/10/2006). Combining
salary and benefits, the pay cheque of a ramatex worker would currently amount to
approximately N$ 1,10039, an increase of 43% over the previous salary. in return, ra-
matex Namibia was granted a rebate of N$ 13 m for the water reclamation plant as well
as permission to bring additional asian labourers into the country.


The current situation indicates that despite all threats of total disinvestment ra-
matex Textiles Namibia intends to make the most of aGoa and the preferential treat-
ment that flows from it. The multinationals line of approach reveals a two-pronged
strategy. for as long as aGoa facilitates access to the us-market for apparel, Namibias
epZ environment, as well as the countrys affordable labour costs, seem to make up for
the possible skills shortages of its labour force. at the same time, spinning and knitting
production have been shifted to the asian branches of the ramatex Berhad Group.


38. The Namibian, 12/10/2006. The plant is now constructed under the responsibility of the city, and
(partially) financed with the N$ 13 m made available by the state.


39. Calculated, as was done in calculating the previous average salary of N$ 621, on the basis of
a contractual 9-hours working day for 23 days a month. Thus the basic salary amounts to N$
848.70. Housing and transport allowances bring the salary to N$ 1098.70. adding one-twelfth
of the annual bonus to the monthly salary brings the monthly pay cheque to N$ 1,141.35. of the
monthly basic salary, 5%, that is N$ 42.44, has to be deducted for the employees contribution
to the pension scheme, resulting in a salary of N$ 1098.70. deductions for medical aid are not
taken into account in this calculation. The annual salary of N$ 13,200 still ranges below the
Namibian tax threshold of N$ 20,000. No tax, therefore, accrues to the state from salaries of
trained ramatex workers.






Lib e r a t e d e c on om y ?


ramatexs threat-and-smile strategy points to the fact that the profitability of its entre-
preneurial activities in Namibia is not determined solely by the productivity of labour.
The political landscape shaped by the Namibian governments fdi-friendly policies,
offering the company massive opportunities for saving capital costs over the past five
years, as well as the preferential market access facilitated by Namibias aGoa certifica-
tion, are of equal if not greater importance.


The players (4): The Asian workers


ramatex Namibia has always been secretive about the number of foreign workers of
asian origin it employs. information supplied by Nafau representatives and govern-
ment officials level out at approximately 1,900 in mid-2004 (The Namibian, 15/9/2004).
detailed media reports add up to a higher total. They estimate the Chinese workforce at
1,000, 800 of them Malaysian and the rest from mainland China (Asian Labour News,
5/2/2004). a further 750 are filipinos and some 510 were recruited in Bangladesh
(AZ, 10/9/2004). Before the dismissal of rhino Garments 1,600 employees, the total
number of foreigners represented roughly a quarter of ramatexs workforce. To date,
figures indicating the number of the additional asian trainers admitted to Namibia on
the basis of the negotiations in mid-2006 have not been released. it transpired that the
Namibian factory runs separate human resource departments for its Namibian and for-
eign employees. The foreign workforce is requested to sign contracts of three years dura-
tion before entering the country (The Namibian, 17/12/2003). The company holds the
foreign workers passports, ostensibly for safekeeping (Asian Labour News, 5/2/2004).


Time and again, cultural conflicts are reported to have affected working relation-
ships between Malaysian management and asian supervisors on the one hand and the
african workforce on the other. The asian superiors are accused of cultural arrogance
(larri 2003:257), whereas management complains about the low performance and
lack of discipline of african workers, which they ascribe to considerable deficiencies
in work ethic that is culturally not up to asian standards (The Namibian, 23/4/2003).
However, positions are not at all as clearly entrenched as may seem to be the case. ra-
matexs productive workforce of asian origin, though privileged compared with its af-
rican counterparts, proved a hard nut for management to crack. several labour disputes
prominently involving its asian employees rocked the company.


on 10 May 2003, about 700 Chinese Malaysians remained in their hostels built
on the premises, demanding wage increases and better conditions of service. at first,
ramatex, the NiC and the ministry of labour denied that there had been any industrial
action at all40. subsequent information alleged that only 216 asian workers had gone on


40. The Namibian, 13/5/2003. in parliament, deputy labour Minister rosalia Nghidinwa referred
to ramatexs explanation that the stay-away occurred on a weekend, when workers were not on
duty. Therefore, it could not have been a strike. Moreover, the date coincided with the Buddhist
full moon religious festival (The Namibian, 16/6/2003). However, in 2003 the Wesak festival
started only on 15 May, 5 days after the work stoppage (ibid.). as to the closure of the plants
over weekends, the contract template of flamingo Garments states under clause 7.2: as the
companys operation is continuous, it operates for 24 hours and 7 days per week and you may
work on shifts. You should not refuse such shift work. letter of appointment from flamingo
Garments. ramatex Textiles Namibia (pty) ltd (2002a):1. Mocks shivute, permanent secretary






Vo lk e r Win t e r f e l d t


strike. seven were dismissed together with three managers accused of mishandling the
work stoppage that officially had not taken place41. The asian workers resumed work on
13 May, without any information being released as to the compromise they had obvi-
ously reached with management.


Half a year later, in december 2003, after two filipino workers charged with having
contracted Hepatitis C were sent home, 700 fellow workers, mainly filipinos, reacted
with a petition. ramatexs management had classified hepatitis as a sexually transmit-
ted disease (sTd) and refused to honour the medical bill. The petition complained
about working and living conditions. it emphasised the low monthly basic wage paid
out in Namibian dollars, equivalent to us$ 200. The adverse exchange rate translated
into approximately N$ 1,400, while at the time of signing their contracts, the salary
in Namibian currency amounted to N$ 2,400 to 2,600. The workers demanded pay-
ment in us currency, which their contract provided for as an option (The Namibian,
17/12/2003). They also turned to their embassy in south africa. a filipino diplomat,
Consul-General oscar orcine, then visited Namibia in January 2004 to discuss the
grievances with ramatex officials after the company had not responded to official let-
ters. He was given the cold shoulder by the Malaysian management. The dispute re-
mained unresolved until, in July 2004, the filipino workers decided to partially down
tools, refusing to work overtime. on 26 July, ramatex eventually gave in to the de-
mand, promising to pay monthly salaries in us dollars (The Namibian, 21/1/2004;
20/7/2004; 27/7/2004).


in the meantime, unrest amongst ethnic Chinese workers from Malaysia and na-
tionals of the peoples republic over poor contract conditions had become apparent in
december 2003. The unrest led to industrial action, with a majority of the 1,000 Chi-
nese employees refusing to work as from 8 January 2004. They demanded a reduction
of their contract term from three to two years, and the implementation of their con-
tractual claim to be reimbursed for medical expenses. Though accepting the workers
demand, the company suspended the Chinese workforce for 17 days without pay, as it
was low season (Asian Labour News, 5/2/2004). officially, this move was motivated by
the wish to afford workers unpaid leave for the celebration of the Chinese New Year (The
Namibian, 14/1/2004). in early february 2004, a group of 80 mainland Chinese work-
ers quit, severing their contracts and leaving for home, indignant at the working and
living conditions at the factory. a further 150 followed their example (The Namibian,
14/1/2004).


during the first two weeks of august 2004, news confirmed that ramatex had
dismissed 66 of its 438 Bangladeshi workers for allegedly poor work performance. The
dismissed had been hired in august 2003, whereas the majority of the Bangladeshi
employees had just come to work in Namibia in July 2004 (The Namibian, 5/8/2004;
10/8/2004). as the dismissal of the 66 implied the cancellation of their work permits,
the workers challenged their imminent deportation in court, claiming their dismissal
had been unfair and in breach of the labour law. They were allowed by the court to stay


of the ministry of information and broadcasting, stated in a press release that the workers had
merely been released from work to allow them to celebrate their own national religious festival,
just as we celebrate Christmas, easter and other religious holidays (New Era, 1/6/2003).


41. according to ramatexs management, the company at that time employed 525 foreigners, 460 of
them as trainers and 65 as part of the management team (The Namibian, 16/6/2003).






Lib e r a t e d e c on om y ?


in the country and fight their case. The company reacted by offering to reinstate the
workers at a lower salary, us$ 120 instead of their previous monthly pay of us$ 200
(The Namibian, 24/8/2004)


The affair had far-reaching implications, as the public had been alerted to the dire
labour relations at ramatex over a long period of two years. The municipality of Wind-
hoek was called in, as neighbours informed city officials of the apparently intolerable
housing conditions of Bangladeshi workers. They were accommodated in a private house
in Windhoek West. More than 300 tenants shared a small space including a garage,
with unsuitable sanitary facilities. The property had been rented by desmond Gertze, a
local representative of Bay eastern overseas ltd., an agency under contract to ramatex
for the supply of 2,000 Bangladeshi workers (The Namibian, 10/9/2004; 25/8/2004).
desmond Gertze, a rehoboth resident and brother of Neville Gertze, the Namibian
high commissioner in Malaysia, had entered an equal partnership with a certain Hanif
to form saujana Blossom import and export Namibia, a Namibian-Bangladeshi joint
venture. saujana Blossom acted as Namibian pendant of Bay eastern overseas, and was
ramatexs accommodation-service provider for the workers from Bangladesh42. The al-
leged family connections sparked suspicions in the media that the high commissioner
was involved not only in providing work permits to the Bangladeshi workers in Malay-
sia. Neville Gertze was also said to be indirectly linked with the recruitment of workers
and the provision of their accommodation in Windhoek (The Namibian, 10/9/2004;
New Era, 15/9/2004).


The high commissions procurement of work permits was commonly assessed as
violating Namibian immigration regulations, as most of the workers were unskilled
(AZ, 10/9/2004). The ministry of home affairs criticised the high commission, which
had granted work permits instead of work visas, again in violation of the Namibian
immigration Control act. However, in laying the sole blame on High Commissioner
Gertze, the ministry omitted to mention that in a letter written to ramatex, dated 30
april 2004, MTi had already acknowledged the factorys request to employ expatriates.
Based on previous negotiations between Gertze and ramatexs albert lim poh Boon,
the ministry had given the green light to the company to employ foreign workers for a
period not exceeding two years. The NuNW suspected high-level corruption in the
granting of work permits43.


These events resulted in a generally critical stance being taken by the Namibian au-
thorities, stakeholders and the public. The municipality turned to the courts to obtain an
injunction against saujana Blossoms illegal building renovations at the notorious Hotel
ramatex, made to accommodate tenants in large numbers in an unsuitable building.
Various representatives of political parties and trade unions condemned the constant vi-
olations of workers rights in what was perceived as a sweatshop. The NuNW, together


42. according to information given by Willy Gertze, Nevilles and desmonds father. in an inter-
view, father Gertze added that his nephew, the Windhoek municipalitys strategic executive for
finance roger Gertze, had no role to play in the accommodation of foreign workers, though he
had been approached for advice on the citys building procedures (The Namibian, 14/9/2004;
AZ, 13/9/2004; New Era, 13/9/2004).


43. The Namibian, 21/9/2004. The umbrella organisation claimed that its investigations brought to
light the sum of us$ 21 m in undocumented payments & made in the instance of the Bangla-
deshi workers (The Namibian, 13/9/2004).






Vo lk e r Win t e r f e l d t


with the Namibian red Cross, opened an account for legal aid expenses for the workers.
living conditions of ramatex workers were widely perceived as a humanitarian crisis
of a scandalous nature (New Era, 14/9/2004). They were equated with apartheid prac-
tices such as single-sex dormitories, and ethnic and racial divide-and-rule techniques
(The star [south africa], 13/10/2004). on the other hand, the authorities also had to
put up with critical questions from the media. Why had a substantial Namibian delega-
tion consisting of stakeholders of MTi and the city of Windhoek, who in July 2003
had visited the Ceo albert lim at his invitation at ramatexs headquarters in kuala
lumpur, not managed to persuade the company of the need to respect Namibian epZ
and labour laws (AZ, 14/9/2004)?


after serious riots at the factory on the occasion of the visit of alif Hossain, the
managing director of eastern overseas flown in to account for the evident mess, the
company eventually decided to terminate all contracts with its Bangladeshi workforce.
repeatedly, the workers had vehemently protested against their living conditions. They
also complained about substantial deductions from their salaries not provided for in
their contracts. as a consequence of their dismissal, their work and residence permits
had to be rescinded by the Namibian authorities. By mid-september 2004, all workers
from Bangladesh, with the exception of the first group of 66 allowed to fight their case
in court, were removed from Namibia.


The Bangladeshi migrants had invested us$ 3,500 each for their recruitment by Bay
eastern overseas44. in a letter detailing the demand for recruits, ramatex stipulated
that the immigrants would be hired for two years and paid a monthly salary of us$
120, based on a 48-working-hour week. Medical services in Namibia were to be granted
free of charge, as well as accommodation and transport (The Namibian, 21/9/2004). The
final contract signed by the workers, once in Namibia, formally provided for a monthly
salary of us$ 200. The company deducted us$ 70 for accommodation, us$ 45 for the
provision of canteen food and another N$ 20 for transport (New Era, 13/9/2004; The
Namibian, 14/9/2004).


The Bangladeshi employees had been made to foot the bill. once again, the unskilled
workers represented the weakest link in the tripartite scenario linking state, capital and
labour. in a thoughtful opinion piece, larris Jauch summarised the deportation of
the ramatex workers as a classic example of human trafficking that capitalised on the
globalisation of unemployment and poverty. Contradictory and conflictual as it may be
in the Namibian case, the interaction between multinational conglomerate, shady agen-
cies and authorities reflects both the crude logic of the present-day neoliberal economics
of globalisation and the tragic irony of Namibias developmental hopes, hooked as they
are to foreign investment.


The players (5): Room for manoeuvre?


in particular, ramatexs environmental attitude raised questions among the general
public about the actual room for manoeuvre that both the Namibian authorities and
civil society enjoyed. To date, the firm still has to publish an adequate report on its


44. The Namibian, 10/9/2004. it appears that ramatex also paid for the service rendered for recruit-
ment, i.e., a sum of us$ 580 per recruit (The Namibian, 13/9/2004).






Lib e r a t e d e c on om y ?


environmental impact assessment (eia). for over four years the factory has operated
production processes based on water, like dyeing, so-called wet processing, which are
strictly regulated by international and Namibian norms, and which are to be publicly
monitored. Namibias environmental policies, though not yet integrated into an envi-
ronmental act as such, prescribe the report of an investigation into the environmen-
tal impact to be a public document. it is a binding prerequisite for decision-making
previous to the establishment of a project of this order of magnitude (The Namibian,
25/1/2002).


To date, there is only contradictory information as to whether or not ramatex did
carry out an adequate eia. in early March 2002, three-quarters of a year after the start
of construction work at the factory site, ramatexs lim stated that an eia had already
been completed. His statement followed a public confrontation between Namibian en-
vironmentalists and municipal and government authorities. earlier in January 2002,
MTi Minister Hamutenya, assisted by NiC director david Nuyoma, had ruled out
the possibility that ramatex would start operating unless its environmental systems on
waste disposal, recycling and sewage meet municipal requirements. according to the
media, an environmental document assessing the textile project was due at the end of
that month. The MTi maintained that it had been produced by an australian consul-
tancy, whereas the environmental department of the city of Windhoek indicated that
it originated from Malaysia. it transpired later that the Malaysian document, prepared
by a company named perunding environmental planning Consultancy, merely pro-
vided a general picture of the industrial production processes at the otjomuise factory,
not an assessment of their impact (The Namibian, 23/1/2002; 25/1/2002; 14/3/2002;
5/4/2005; 4/5/2005).


To add to the blurred picture, ramatexs albert lim maintained in october 2003
that a team of danish consultants had recently finalised an assessment. He stated that
the company could not disclose its contents because of its trade-sensitive information
(The Namibian, 27/10/2003). indirectly, his statement revealed the helplessness of the
Namibian authorities. Contrary to the epZ act (part V, 14.5.a ), they had not insisted
on the assessment of the environmental impact as a precondition for issuing an epZ
certificate in 2001. Nor did they now insist on the publication of the alleged report.
already at the beginning of december 2001, earthlife Namibia, a branch of the en-
vironmentalist NGo earthlife africa, had alerted four ministries, the municipality,
ramatex and the trade unions by writing of their concerns. earthlife demanded details
of the eia report now that the company had been certified. The reactions of the officials
concentrated rather on condemning the request. The environmentalists were accused of
putting at risk the countrys developmental efforts to attract foreign investors45. ironi-
cally, a year later, the phalanx of critics split. Minister Hamutenya condemned the city


45. Martin shipanga, the citys Ceo, suspected a south african plot behind earthlifes environ-
mental concerns, since sa had lost ramatex to Namibia (AZ, 19/12/2001). Minister Hamutenya
reacted with an open letter published in The Namibian on 1 february. He condemned earth-
lifes propaganda charade, dressed up as environmental concerns, their environmental concerns
being subversive to government development efforts and harmful to the national image. a
few days later, president Nujoma joined in the harsh critique (AZ, 4/2/2002). The mayor of
Windhoek, Matheus shikongo, accused the NGo of the sabotage of ramatex. (The Namibian,
1/2/2002).






Vo lk e r Win t e r f e l d t


for producing a subjective account of ramatexs environmental status (The Namibian,
28/3/2003).


from the start, the city had been in an awkward position. The city council felt that
it had to seize this seemingly golden opportunity for the industrial development of the
capital, which promised to give fresh impetus to the labour market. The citys executive
therefore warmly welcomed ramatex. on the other hand, a large part of the financial
and practical burden resulting from the incentives package offered by the government
to ramatex fell on the municipal budget. This included N$ 106 m for infrastructural
services, 160 hectares of municipal land free of charge and carrying the considerable
costs of urban development for the several thousand migrant jobseekers who flooded
the town in two major waves in January 2002 and May 2003, when flamingo Gar-
ment and rhino Textile started recruitment of trainees (AZ, 28/9/2001; The Namibian,
15/1/2002; Namibia Economist, 9/15/5/2003). in the meantime, the state watched from
the sidelines, being itself a debtor to the city to the tune of N$ 30 m for infrastructural
developments (The Namibian, 28/10/2005).


as well, ramatexs water consumption constitutes a substantial portion of Wind-
hoeks total consumption46. shortly after ramatex went into production, the munici-
pality had to declare a sizeable price increase in order to reduce consumption (AZ,
1/8/2002). Whether this was just a coincidence or not, Windhoeks residents were asked
to pay for the increase, whereas the firm had been granted preferential rates as part of
the initial incentives package. The preferential rates granted to ramatex amounted to
only 48% of the rates payable by other industrial water consumers (AZ, 2/7/2004).


in april 2004, Windhoeks residents were also called on to pay for an environmental
audit the city council decided to conduct at the otjomuise factory. Numerous concerns
had been raised about the evident water pollution. Towards the end of 2003, prelimi-
nary tests indicated that toxic substances from the factory might have seeped into one
of Windhoeks major aquifers. The following months revealed the extent of systematic
contamination. The wet processing for the purpose of dyeing textiles produces several
thousand cubic metres of polluted waste water and 1.9 tonnes of toxic salt daily (The
Namibian, 30/1/2004; 28/9/2004). The capital city has no facility for its safe disposal.


To this day, the company has not built the required plant for waste water treatment,
as had been stipulated in the contract between the city and ramatex. in the absence
of such a plant, ramatex temporarily stores the water in large evaporation/oxidation
ponds. filled beyond the limits of their capacity, the ponds overflow, dumping pollut-


46. Windhoeks consumption in the financial year 200102 amounted to 19.465 m cubic metres. as
far as ramatexs consumption is concerned, the picture is not clear. The percentages published by
the media vary considerably from 4.3% (i.e., 840,000 cubic metres, according to the city council)
to 3% (according to Martin shipanga, the citys Ceo), to 2.7% or 3.6% (according to the citys
chief environmentalist). in January 2002, ramatex had stated that its water consumption would
amount to 1,440 cubic metres of water per day. This figure adds up to the abovementioned 2.7%.
in March 2004, the municipality of Windhoek recorded a water consumption of 27,000 cubic
metres, in april 2004 of 53,671, in May of 47,000, corresponding throughout the year to
2.6% of the capitals total consumption. in october 2005, a consumption of 2,000 cubic metres
per day was indicated by the media, i.e., 3.7% of the capitals total consumption (AZ, 1/8/2002;
The Namibian, 23/1/2002; 2/4/2003; 2/7/2004; 12/10/2004; 28/10/2004). initially, Hafeni Ng-
hinamwaani, the then strategic executive of the department for economic development of the city
of Windhoek, maintained that the ramatex plant will not use potable (tap) water, but instead
use semi-purified water. Namibia Economist, 5/11/4/2002.






Lib e r a t e d e c on om y ?


ants into the groundwater as well as into the Goreangab dam, one of Windhoeks major
water reservoirs. The factory has also been accused of sprinkling excess waste water on
to open areas of its premises. residents in the neighbourhood of the works complained
not only of the stench emanating from the disposal of the waste water on the premises
but also recorded irritation to their skin and respiratory tracts. in violation of municipal
regulations, the company hired a private contractor to dispose of the sludge that forms
in the ponds (The Namibian, 21/12/2004; 4/11/2005).


several injunctions by the City fell on deaf ears. Caught in this environmental pre-
dicament, the municipality called in the Namibian government. after difficult negotia-
tions, an interministerial technical committee agreed on the decision that the city was
to build the recycling plant for ramatex. The costs, estimated at N$ 13 m, are to be
borne by the state (AZ, 28/12/2005).


Conclusions: liberalisation of social equity
The case study cannot but raise sceptical questions as to the developmental rating of
ramatexs Namibian initiative. enticing as the prospect of export-led industrialisation47
may seem, the structure within which it is to take place sets narrow limits to its eco-
nomic implementation, and even narrower ones to its potential for the social progress of
the majority of the population.


The players involved in this game of skewed give and take are unequal in power.
Their actions follow rules dictated by their respective contrasting economic, political
and social interests, but they are also shaped by the conditions set by the neoliberal im-
peratives of the global economy. Where the international mobility of capital invariably
outdistances the mobility of labour, tripartite relations between multinational capital,
state and labour are all the more skewed, right from the outset, where poverty provides
the national setting for the labour market in a developing economy.


acting within these structural constraints, the invitation that the Namibian gov-
ernment
extends to international capital becomes logical. it is driven by the interest to
overcome the national economys dependence on the export of mineral resources and its
related negative global terms of trade. The drain of natural and social resources in co-
lonial times has left the countrys post-independence economy with insufficient capital
means for their processing, and with a skewed social structure.


The Namibian stakeholders, on the other hand, not only just identify with, and ex-
ecute, the governments developmental policies, but also, to an increasing extent, their
attitudes reflect their elitist perceptions and interests, both economic and social. They
form an emerging bourgeois class, more and more affluent, which in the new post-colo-


47. in debating the industrialisation strategy for developing economies based on a case study of ra-
matex, endresen and Bergene advocate small-scale industrialisation where production first serves
the national market and then selectively approaches the world market. Cogently arguing their
case, the authors point to the paradox in developmental policies of epZ-based textile industri-
alisation: Host governments subsidise heavily to keep them [the textile multinationals], which
paradoxically makes it easier for them to leave and relocate production. (endresen and Bergene
2006:89.) However, in the specific case of Namibia, the extreme limitations of a national market
with a population of just about 1.8 million of whom only one-tenth are taxpayers representing
worthwhile purchasing power, are also to be considered.




0


Vo lk e r Win t e r f e l d t


nial setting of Namibian society steps to the side of the traditional white middle classes
and capitalist entrepreneurship. Together, they nurture vested capitalist interests, which
tend to dupe other classes developmental aspirations. Thus, in adopting neoliberal para-
digms, both Namibian policies and Namibian political actors come to accept the social
costs of economic development and, as the case study shows, to neglect the social dam-
age. in departing from pre-independence visions of social equity, a characteristic theme
of the liberation struggle, present-day Namibian developmental strategies of financial
de-regulation reflect the class-shaped, capitalist restructuring of Namibian society.


Ramatexs demanding and ruthless attitude may seem extortionate due to the sheer
extent of its economic power, and it certainly is. But the multinational conglomerate
also submits to the force of circumstances, finding itself compelled to establish optimal
conditions of profitability in order to compete in the fierce global textile market. as a
result, the multinationals economic might cannot but call into doubt the expedience
of any unreserved liberalisation of capital imports. Much as the import of capital in
principle may be expected to have spin-off effects, in ramatexs Namibian case they do
not materialise.


The endeavours of Namibian labourers inevitably collide with any regime of maxim-
ised profitability. as well, they clash with the efforts of a set of national policies that aim
at establishing an attractive investment climate without being in a position to attach
strings to it that may be beneficial to the country. Too weak is their position as an un-
skilled workforce, too easily replaceable the individual employee, given the inexhaust-
ible reservoir of internal labour migrants in an economy ruled by poverty and more and
more de-regulated by flexible labour relations. Where, on top of that, national politics
bow to economic power to the extent of ignoring the countrys immigration rules, al-
lowing a substantial influx of an un- or semi-skilled foreign industrial workers, the vul-
nerability of its own internal migrants becomes even more pronounced. last but not
least, the trade unions room for manoeuvre has been narrowly restricted by ramatexs
short-sighted managerial arrogance, and, arguably, by their own close political affilia-
tion to the ruling party and government. The company successfully manages to play the
actors involved in the game off against each other different government institutions,
municipal bodies, national and foreign workforces, civil society and the public. labour-
ers and their corporate representatives are in a desperate position.


Contrasting economic and social interests, cultural conflicts over work ethos, dif-
ferent rules of the game for each player and unequally distributed power: the case study
of ramatex cannot but question the developmental impact of such policies of de-regu-
lation and of such generous incentives as were granted to attract the Malaysian com-
pany. Where investment is imported in kind, no additional capital circulates in the host
economy; no related expansion of investing or commercial activities ensues. Where the
productive employment of capital goods yields commodities exported without customs
revenue, the host country cannot capitalise on them. Where the internal market is not
given impetus, the host country cannot profit. Where exemption from taxation does not
stand the national budget in good stead, the only benefits are to be expected from em-
ployment of labour. Where the states budget finances most of the costs for vocational
training, it might be inappropriate to speak of skills transfer, as we rather witness inter-
nal skills generation. Where the additional purchasing power of salaries barely satisfies
the most basic needs, further productive incentives for the internal market are few and






Lib e r a t e d e c on om y ?


far from sustainable. Where fiscal revenue from salaries does not accrue, owing to small
annual incomes below the taxation threshold, there is no positive effect on the national
income.


does this hold out the prospect of social progress, as measured against the principles
of social equity? The liberal discourse, whether in its classical or its present shape, boldly
rests on the glorification of the principle of social retardation: first comes the successful
individual, the entrepreneur, then (if all goes well, and always to a lesser extent) society,
that productive majority actually instrumental in creating economic wealth. first come,
first served. The liberal economic ideology is not the epitome of social responsibility. it
is class-biased, and so is its concept of development.


The introductory remarks to this case study pointed to the contradictory paradig-
matic body of Namibias Vision 2030 document. it attempts to harmonise harsh eco-
nomic liberalism and the tempting vision of social welfare within the difficult frame-
work of a developing society. The analysis of ramatexs Namibian operations shows that
neoliberal economic orientations, seen in the long term, tend to affect or even negate
collective structures based on social solidarity. Conversely, any vision of social welfare
must make the preservation and promotion of collective structures of social solidarity
the focal point of accelerated sustainable development. Certainly, Vision 2030 warns of
the dangers of unbalanced globalisation to a much greater extent than the relevant Na-
mibian legislation and policies of de-regulation do. Yet, this conceptual contradiction
still remains central to the document and unresolved.


references


Cotton News from sub-saharan africa (2003), Namibia, Botswana, South Africa, Lesotho
and Senegal a special issue of the Cotton Importer,
update from the Cotton Board.
Memphis, Tennessee, usa


endresen, sylvi B. and ann Cecilie Bergene (2006), labour standards and the question of
industrialisation strategy. an african example, in H. Jauch and r. Traub-Merz (eds),
The future of the textile and clothing industry in sub-Saharan Africa. Bonn: friedrich
ebert stiftung, pp. 8095


eTi forum (ethical Trade initiative) (2004), MFA phase-out who gains? who loses?
london, 27 october 2004


Gurirab, Theo Ben (1988), Namibia in the context of imperialism, in B. Wood (ed),
Namibia 18841984: Readings on Namibias history and society. london and lusaka:
Namibia support Committee and united Nations institute for Namibia, pp. 413


institute for public policy research (2003), IPPR Economic Outlook One lump or two? (by
robin sherbourne). Windhoek, february 2003


international Textile, leather & Garment Workers federation, Targeting Multinationals
Project Ramatex Berhad profile. (No date or place of publication.)


Jauch, Herbert (2000), export processing Zones and the quest for sustainable
development: a southern african perspective, Environment & Urbanization, Vol. 14,
No. 1






Vo lk e r Win t e r f e l d t


(2006), africas clothing and textile industry: the case of ramatex in Namibia, in H.
Jauch and r. Traub-Merz (eds), The future of the textile and clothing industry in sub-
Saharan Africa. Bonn: friedrich ebert stiftung, pp. 21226


labour resource and research institute (larri) (2000), Export Processing Zones in
Namibia taking a closer look.
Windhoek, March 2000


(2003), Ramatex on the other side of the fence. Windhoek, october 2003
Melber, Henning (2003), limits to liberation an introduction to Namibias postcolonial


political culture, in H. Melber (ed), Re-examining liberation in Namibia political
culture since independence.
uppsala: Nordic africa institute


Mollet, andrew (2001), profile of ramatex a Malaysian group with investments in China
and south africa, Textile Outlook International, January 2001


Namibia investment Centre / offshore development Company (2003), InvestDevelop
Namibias Investment Newsletter: Smart partnerships drive development forward, issue
11, 8 december 2003, Windhoek


Namibian economic policy research unit (Nepru), Quarterly Economic Review No. 23,
october 1999, Windhoek


Quarterly Economic Review No. 27, december 1999, Windhoek
Quarterly Economic Review No. 44, March 2002, Windhoek
south West africa peoples organisation (2004), Vision, life and times of Hifikepunye Lucas


Pohamba. Windhoek (election pamphlet)
ramatex Textiles Namibia (pty) ltd (2002a), Flamingo Garments (Proprietary) Limited:


Letter of Appointment (template)
(2002b), Recognition Agreement between Ramatex Textiles Namibia (Pty) Ltd and the


Namibian Food and Allied Workers Union, 2 october 2002, Windhoek
(2002c), Recruitment Procedure (leaflet)
republic of Namibia (1990a), Government Gazette No. 2, Windhoek, 21 March 1990:


Constitution of the republic of Namibia
(1990b), Government Gazette No. 129, Windhoek, 28 december 1990: foreign


investments act No. 27 of 1990
(1995), Government Gazette No. 1069, Windhoek, 18 april 1995: export processing


Zones act No. 9 of 1995
republic of Namibia (1995b), Government of, Ministry of Trade and industry: EPZ


Business Plan for proposed Offshore Development Company. Windhoek, april 1995
republic of Namibia, Government of, Ministry of finance (2003),State Revenue Fund


Estimate of revenue and expenditure for the financial year 1 April 2003 31 March
2004.
Windhoek


(2004), State Revenue Fund Estimate of revenue and expenditure for the financial year 1
April 2004 31 March 2005. Windhoek


(2005), State Revenue Fund Estimate of revenue and expenditure for the financial year 1
April 2005 31 March 2006. Windhoek


republic of Namibia, Government of, Ministry of Trade and industry, offshore
development Company (1999),EPZ Progress Report of December 1999


sherbourne, robin (2005), National Budget 2005/06: The continuity candidates budget,
in Intitute of Public Policy Research (IPPR) Opinion No. 17, May 2005, Windhoek






Lib e r a t e d e c on om y ?


Newspapers
Allgemeine Zeitung (AZ)
Namibia Economist
New Era
Republikein
The Namibian
Windhoek Observer


Websites
<http:www.agoa.gov/agoa_legislation/aGoii_summary.pdf>: US Trade Act of 2002
<http;//www.agoa.info/?view=country_info&country=na&stay=trade>: US imports from Namibia,


textiles and apparel
<http:www.asianlabour.org/archives/000772.php> (2004): Asian Labour News an online database


of news about workers in southeast asia and China and the issues that affect them: Mainlnd
workers at Malaysian factory in Namibia call it quits 5 february 2004


<http://derstandard.at/druck/?id=2092228>: Der Standard online: Ironie der Globalisierung
<http;//www.dispatch.co.za/2001/06/21/easterncape/aaiNCeNT.HTM>: Eddie Botha: Call for


review of tax incentives
<http://www.fdimagazine&/aGoa_extension_to_boost_us-africa_textile_trade.htm>
<http://www.foei.org/trade/activistguide/mfa.htm>: The Citizens Guide to Trade, Environment and


Sustainability Multi-fibre Arrangement (MFA) and the Agreement on Textiles and Clothing
(ATC)


<http://www.grnnet.gov.na/News/archive/2002/april/Week4/ramatex.htm>
<http://www.grnnet.gov.na/News/archive/2005/february/week2/agreements_rpt.htm>: Joint press


statement by the Government, NAFAU and Ramatex February 2005
<http;//www.irinnews.org/print.asp?reportid+45451>: UN Office for the Coordination of


Humanitarian Affairs Namibia: Textile industry faces multiple challenges
<http;//www.itglwf.org>: website of the international Textile, Garment and leather Workers


federation
<http://www.laborrights.org/press/namibia_textiles0505.htm>: UN Integrated Regional Information


Networks Namibia: Textile sector stumbles as foreign owners pull out
<http://www.namibweb.com/tin.htm>: NamibWeb.com The online guide to Namibia: incentives


for investors
<http:www.namibianembassyusa.org/Trade%20&%20investment/profiles.php>: official website of


the embassy of the republic of Namibia in Washington, usa
<http;//www.queensu.ca/samp/migration>: February 2005
<http://www.ramatex.com.>
<http;//www.sadocc.at/news/2005/2005-105.shtml>: Southern Africa Documentation and Cooperation


Centre Uncertain future for the countrys textile industry 22 April 2005
<http://www.un.namibia.de/uN-arch/2005/un_05_02.php#news02>: IRIN News Brief
<http://www.windhoekcc.org.na/default.aspx?page=120>: City of Windhoek Ramatex investment in


the City of Windhoek




old ties or new shackles?
China in Namibia


Gregor Dobler


one of the first things you see of Namibia when you drive into the country from angola
on oshikangos main road (after passing large billboards promoting the frequent use of
Tafel lager, Coca Cola and safe ryder condoms) are the large red letters on the brown
wall of a new warehouse complex, welcoming you to China Town. China Town is one
of two large complexes currently under construction in oshikango by Chinese investors
(the other is called China Village). Together, they will add about 70 new Chinese shops
to the 20 odd already in existence in oshikango.


China Village and China Town are very real symbols of Chinas growing presence in
africa. Both shop owners and investors are Chinese, the complex was built by Chinese
construction companies, and the new shops prospective angolan clients will pay for the
Chinese goods with petrodollars in turn earned largely from exports to China.


symbolic as they may be, the new shops are just a small example of Chinas growing
influence in africa. The peoples republic re-entered the african scene only towards
the turn of the millennium, but since then the countrys engagement in africa has been
growing at a truly amazing pace and Chinas rise as an economic and political power is
likely to change africas international relations more profoundly than any other major
trend since the crumbling of the soviet union and the end of apartheid. Chinas high
need for raw materials and the equally high output of the countrys immensely competi-
tive export industry have profoundly altered terms of trade and thus affected the distri-
bution of wealth both between and within many african countries, while the political
engagement accompanying economic expansion has changed the african diplomatic
landscape.


in oshikangos China Village, three major trends of Chinas growing influence on
african countries are visible in a nutshell: africa is supplying China with commodities
for its expanding industries while importing more and more goods manufactured by
these industries. Chinas economic engagement is accompanied by financial aid that has
contributed to the creation of a market for Chinese industries most visible in the con-


. TheconstructionofChinaTownhadstartedslightlyearlier,in00.Theinvestmentwasmade
bythepioneering Chinesebusinessmanin independentNamibia, ironicallyaTaiwanesena-
tionalwhohadalreadybuiltWindhoeksChinaTown.ChinaVillagewasbuiltbyanotherlong-
standingexpatriatemainlandChinesebusinessmanforaboutN$m.


. AccordingtoITCtrademapdata(UNCTAD),Chinaimported%ofAngolastotaloilexports
in00,withoilexportsmakingup.%oftotalAngolanexportstoChina(Goldsteinetal.
00:).TheIMFsDirectionofTradedatastatethat%oftotalAngolanexportswentto
China in00 (Goldsteinetal.00:0),whileoil accounted for.%ofAngolasoverall
exports.







O l d t i e s o r n e w s h a ck l e s ?


struction sector, where the market share of Chinese companies has been rapidly growing
throughout southern africa.


These three elements commodity export, competition in the construction industry
and the import of manufactured goods by Chinese migrant entrepreneurs will be used
in the current article as examples to assess Chinas role in the Namibian economy. The
aim of this overview is neither to praise Chinas growing presence as a south-south al-
ternative to neocolonialism nor to deplore it as new economic imperialism. instead, the
article intends to show the extent to which the Namibian economy is already linked to
the Chinese. The real question will not be whether to applaud or condemn the Chinese
influence, but how to channel it in ways that benefit Namibia instead of cementing its
old role in global structures of economic and political dependency.


Before concentrating on Namibia, however, it is useful to review some of the major
trends in China-africa relations.


China in africa: some major trends
during the Cold War years, Chinas interest in africa was largely political. The peoples
republic was trying to overcome its political isolation through links with the conti-
nents socialist governments and liberation movements. economic benefits for China
were mostly small or negative. China-africa cooperation rested largely on a rhetoric of
anti-imperialistic solidarity symbolised by the Bandung conference in 1955: the afro-
asian bloc was seeking to counter the dominance of Western colonial countries.


since Chinese economic reforms triggered an unprecedented economic boom based
on manufacturing, Chinas interests in africa have shifted from the political arena to the
economic. The main motivation is the increasing need for the raw materials of industrial
production. Today, China is the worlds largest producer of personal computers: even in
2001, 50% of all cameras, 30% of all air conditioners and 25% of all washing machines
were manufactured in China. in order to sustain an average annual economic growth
of around 8%, China needs to secure the import of a wide array of commodities and it
is mainly due to Chinese demand that world market prices for virtually all commodities
have risen sharply over the last years. Between 2000 and 2003, China contributed 76%,
95%, 99% and 100% of the increase in global demand for aluminium, steel, nickel and
copper respectively (kaplinsky, McCormick, Morris 2006:5). The most visible example
of growing Chinese demand, however, is oil. China changed from a net exporter of pet-
rol to a net importer in 2001 and has since been seeking new import markets in african
countries such as sudan, Chad and angola. Today, the country procures 28% of its oil
and natural gas from africa (CCS China Monitor 04, 2006:3).


on the other hand, Chinese exports of manufactured goods to african countries
have been increasing tremendously. imports from China still represented only 6.5%
of african imports in 2004, but this figure was only 1% in 1990. since 2000, african


. Foranoverview,seee.g.,Alden00;Goldsteinetal.00;Humphrey,Messner00;Kaplin-
sky,McCormick,Morris00,Lyman00;Payne,Veney;Shinn00.


. www.worldbank.org/transitionnewsletter/octnovdec0/pgs-.htm(Oct00).






Grego r Dob l e r


imports from China have shown average annual growth rates of 33% (Goldstein et al.
2006:7f.).


Chinas increasing demand for commodities and its high output of cheap manufac-
tured goods have shifted terms of trade in favour of countries exporting raw materials
and importing manufactured goods among them many african countries. They profit
from higher export gains and cheaper import prices. Without the appropriate policy
measures, however, Chinas emergence may cement the dependency of many african
countries on the export of raw materials an economic position that tends to come with
high vulnerability due to price volatility and with high inequality due to corruption and
rent-seeking.


The main losers in the shift in the terms of trade have been countries exporting
manufactured goods. in africa, the textile sector has suffered most severely from Chi-
nese competition on third markets after the trade barriers for Chinese textile imports
to the us and the eu were partially lifted in 2004 (see Volker Winterfelds article on
ramatex in this volume).


While China used economic aid to gain political benefits during the Cold War
years, this relation has shifted today. The peoples republic promotes its trade interests
by political means: high profile diplomacy and the rhetoric of anti-colonial solidarity
are still omnipresent 50 years after Bandung. Chinese foreign policy in africa relies on a
large number of embassies and on many high-profile visits to and from africa. Chinese
foreign ministers have been visiting african countries every year since the late 1980s,
and Chinese presidents have made frequent official visits to the continent. Whenever
Chinese diplomats meet their african counterparts, both sides stress mutual friend-
ship and common interests as formerly colonised developing countries. as the Chinese
africa policy issued in early 2006 puts it, sharing similar historical experience, China
and africa have all along sympathized with and supported each other in the struggle for
national liberation and forged a profound friendship. The Chinese government stresses
african countries independent choice of road and does not link aid to political con-
ditionalities apart from the acceptance of the one China principle, prohibiting official
relations to Taiwan. This policy of non-interference paved the way for substantial oil
deals with sudan and infrastructure projects and military deals in Zimbabwe when
these countries where internationally isolated and shunned by both Western donors and
multinationals.


all in all, China has been very successful in establishing and maintaining the rheto-
ric of mutual solidarity and south-south cooperation. This insistence on common inter-
ests and historic friendship often masks very tangible economic and political advantages
for China. its political impact in africa, however, is considerable all the more as it
comes with real benefits, like debt relief, diplomatic cooperation in the international
arena and an increasing amount of development assistance.


. TheAfricapolicyisavailableonvariousofficialinternetsites;ahandypdfversionwasprepared
bytheInstituteforSecurityStudies:http://www.iss.co.za/af/regorg/unity_to_union/pdfs/chi-
naafrica/afrpolicyjan0.pdf(May00).


. Chinahasbeenquitesuccessful inenforcingitsTaiwanpolicy inAfrica.In000,onlyeight
AfricanstatesstillhadofficialrelationswithTaiwan.Liberia(00)andSenegal(00)have
sincesidedwithChina,leavingonlyBurkinaFaso,Chad,TheGambia,Malawi,SãoToméand
PrincipeandSwaziland.






O l d t i e s o r n e w s h a ck l e s ?


China-Namibia diplomatic ties are no exception to the general trend. They are root-
ed in Chinese support of sWapo and the liberation struggle before 1990. in 1964,
when Moscow and Beijing were competing for allies among africas left wing liberation
movements, sam Nujoma was invited to Beijing: he came back with funds he used to
buy a land rover for sWapos exile work and with high esteem for the Chinese leader-
ship (appolus 2004). sWapo was officially allied to Moscow and never really changed
sides, while the rival sWaNu movement was on Chinas side for some time (Gibson
1972:12031). in spite of these rivalries, relations between the peoples republic and
sWapo remained good (for a detailed analysis, see Taylor 1997). Chinas support in
the uN security Council for Namibias case against the south african occupation and
the detachment of military instructors to train sWapos plaN combatants in Tan-
zania are often evoked by politicians from both sides, as is the fact that China was one
of the first countries to establish diplomatic relations with the newly independent state
in 1990. still today, sWapo party sees China as a natural ally and as a partner in the
struggle for economic independence from neocolonialism.


over the years, sam Nujoma has visited China 12 times, often accompanied by
important trade delegations. on his last official visit in 2004, he was presented with the
Chinese translation of his autobiography a well-received symbolic gesture typical of
Chinese-african diplomatic relations. Jiang Zemin came to Namibia in 1996 and other
high-level representatives of both countries exchange visits on a regular basis. on all
these occasions, both sides have stressed mutual friendship and the common struggle
for a more just world system, often mentioning stronger south-south ties as a means to
improve african lives. as He shijing, Chinese chargé daffaires in Namibia, put it, We
both faced a common task and struggle against imperialism, but now have a similar one
which is for the economic development of our countries.


primary sector commodities
although Namibian exports rely heavily on primary sector commodities, direct Chi-
nese involvement in the Namibia raw material market has until now not been very
prominent. While Chinese firms are concluding deals with commodity exporters all
over the continent, no major contracts have been negotiated with Namibian producers
yet. This is partly due to the tight control over Namibias mineral production through
established distribution networks and long-term contracts. in 2003, 41% of overall
Namibian exports were diamonds, exclusively controlled by Namdeb, a joint venture
between de Beers and the Namibian government, and 15% consisted of other mineral
products (mainly copper, uranium and zinc) stemming from large mines mostly owned
and controlled by overseas firms (directorate of international Trade 2005:4).


as there are no known oil reserves in Namibia, Chinese interests in this field have
so far been confined to neighbouring angola. The most substantial Namibian explora-
tion deal of recent years, however, included a Chinese contractor. in february 2005,
Circle oil (an oil company based in limerick, ireland, and listed on the london stock


. New Era,/0/00.Thestatementwasmadeontheoccasionofadonationof$0,000to
SWAPOpartyby theChineseCommunistParty, earmarked forprintinganddistributionof
partymaterials.






Grego r Dob l e r


exchange alternative investment Market) announced an agreement by which China
shine H f, a Chinese state-owned company was said to take over 72% of Circle oils
prospecting licence (later upgraded to an exploration licence) covering most of northern
Namibia: Circle oil was to retain 18% and the Namibian state-owned NaMCor
10%. High expectations were somewhat dampened when it turned out that China
shine would pay its share not in cash but by drilling at least three wells and acquiring
seismic data, but still, the companys budget for the Namibian project was announced
to be over $ 1 bn and 2,000 workers were expected to start work on the ground in late
2005. in June 2006, however, the deal was still not finalised and Circle oil was negoti-
ating with other possible investors, as China shine had not yet fulfilled its commitments
and no work had started on the ground.


in 2004, Namibias rössing mine became the first Western producer to export ura-
nium oxide to China. The mine increased its output to counter the negative effects of
the weak us dollar and found a willing buyer in Chinas national nuclear industry. so
far, the amounts exported have been rather small (106 tons in 2004, Allgemeine Zeitung,
14/7/2005 and 109 tons in 2005, Republikein, 7/6/2006), but as China is planning to
increase its nuclear power-generating capacity from 6 GW to over 30 GW by 2020
while a second Namibian uranium mine is scheduled to become operational in late
2006, uranium oxide exports from Namibia to China may increase in the future.


The most important field of primary sector exports to China is less publicised, as
it does not involve mineral resources: Chinese firms have invested in joint ventures in
Namibias fishing industry since independence and in 2003 about 80% of Namibian
exports to China consisted of fish and fish products.


overall, the export of Namibian primary sector commodities to China (as indeed
Namibian exports to China as a whole) is rather insignificant if compared to, for ex-
ample, angolan exports to China. The indirect effects of Chinas emergence on the
Namibian primary sector economy, however, are large. as outlined above, commodity
prices have risen sharply over the last years mainly due to the increasing Chinese and
indian demand. World market copper prices, for example, rose by 58% in 2004 (Gold-
stein et al. 2006:31), largely triggered by rising demand from China (and, to a lesser
degree, from india). This should have profited ongopolo Mining and processing, the
principal Namibian copper producer, after a strong south african rand had negatively
affected the company in the years before 2004. The expansion process took longer than
expected, however, and the debts amassed while financing new production sites proved
fatal for the company. amid allegations of mismanagement, ongopolo was taken over
by the British company Weatherly international in June 2006.


World market prices for other minerals produced by Namibia mostly uranium,
zinc, gold and marble have risen sharply since 2004, helping the Namibian economy
to achieve a growth rate of 5.9% in 2004.0 The commodity boom has triggered inten-


. See, among others: http://www.circleoil.com/site/news/press_release000.htm; http://
www.circleoil.com/site/news/press_release0000.html; http://www.circleoil.com/site/doc-
uments/Interim_Report_%0June000.pdf(allJune00).


. http://www.altonsa.co.za/rossing/reports/Rossing%0Stakeholder%0Report%000.pdf
(June00)


0. IncreaseinrealGDP.Thisexceptionallyhighfigureispartlyduetoa%increaseindiamond
productionafter theextensionof theElisabethBaymineandan increase inoffshoremining






O l d t i e s o r n e w s h a ck l e s ?


sive prospecting activity in the country. New mining sites for zinc, uranium, copper and
gold have become operational or are scheduled to become operational in the near future,
while the projected life of existing mines is constantly extended due to higher marginal
gains. rössing, for example, has announced that the uranium mines projected life has
been extended from 2009 to 2016.


due to the rise of China in the world economy, terms of trade become more favoura-
ble for commodity exporters such Namibia (just as they became less favourable after the
end of the soviet union, when exports from the former soviet union increased compe-
tition and made prices crumble). depending on the political and economic framework,
however, this can be a mixed blessing. income from mining is not sustainable, but will
cease over time: it will only provide the means for sustainable growth when it is used to
further the economic potential of a country in other sectors. unlike the export of manu-
factured goods, however, the export of primary commodities creates income without
any constructive effort, often tempting elites to seek quick rents rather than to invest in
sustainable economic development. Commodity exports thus often increase vulnerabil-
ity from external factors without benefiting larger portions of the population.


This is aggravated when world market demand and prices for a commodity are vola-
tile. Many economists have voiced concern about Chinas effect on commodity price
volatility. China is regarded as a swing producer, quickly adapting its export produc-
tion to changes in the price for manufactured goods. due to the size of the Chinese
economy and its high importance for global commodity demand, shifts in the countrys
production can quickly affect world market prices (for a more detailed discussion, see
e.g., Goldstein et al. 2006:31).


it is too early to assess the effects of Chinas rise on the resource curse and on the
vulnerability of the Namibian economy. one thing, however, is clear: when a countrys
dependency on commodity exports increases, the economic policy framework must
become more intelligent and more resourceful. partly due to Chinas growing weight
in the world economy, the relative importance of commodity export for the Namibian
economy is increasing. it remains to be seen if economic policy follows, translating im-
proving terms of trade into improved livelihoods for the majority of Namibian citizens.


Construction industry
Many export contracts in the mining and energy sector have been facilitated through
active Chinese diplomacy in africa. The same channel has been decisive for infrastruc-
ture projects and for the Chinese construction industry in general. Chinese building
contractors have often made their first appearance on african markets through public
projects funded by Chinese government loans or grants (for an early assessment of the
strategies, see Bräutigam 1983). it has, of course, long been common for Western gov-
ernments to link development assistance to contracts for the donor countrys industry
and it comes as no surprise that China is imitating the practice. it seems, however, that


activity;butothermininggrewby0.%,profitingfromthefactthatanewzincminebecame
operational (http://www.bon.com.na/docs/pub/economic%0outlook%0000.PDF,
June00).




00


Grego r Dob l e r


China is playing the game more skilfully and in some cases more ruthlessly than
Western donor countries.


The list of public contracts awarded to Chinese companies and backed by Chinese
government money is long. in angola, China today accounts for over 60% of the coun-
trys foreign loans. from 2002 to early 2006, angola received $ 5.5 bn in Chinese loans
and an additional $ 3 bn was granted in June 2006 (CCS China Monitor, 04/2006:16;
The Namibian, 27/06/2006). The major part of that sum has been awarded through
the Chinese eximbank for a credit line for reconstruction, guaranteed by oil exports.
The building projects financed with the amount are mostly carried through by Chinese
firms among many others, hundreds of kilometres of road construction, a $ 3 bn oil
refinery in lobito (CCS China Monitor 03/2006:19), 44 15-floor buildings in Cabinda
and 5,000 additional apartments in a village nearby. Copper mining by China-based
pan asia oasis inc. is also profiting from a $ 211 m loan from the Chinese government
to rebuild roads leading to the area.


Chinese help for its own industry not only comprises loans and guarantees, it also
includes logistical and political support. in Mozambique, for example, the Chinese
embassy is actively informing Chinese construction companies of upcoming tenders.
partly due to this promotion of tender opportunities, a third of Mozambiques current
road construction projects (approx. 600 km of roads) are carried out by Chinese road
contractors (Bosten 2006:5f).


While projects of that size have so far been absent in Namibia, a large variety of
prominent public construction contracts have gone to Chinese companies. China Jiang-
su international Namibia ltd. was responsible for the construction of the supreme court
in Windhoek (199497), the new police and prison training college in the same city
(199697) and the new magistrates court in katutura (199799). China Beijing Cor-
poration for international economic Co-operation built 102 houses in katima Mulilo
in 1999, funded through an interest-free Chinese government loan. Northern Tannery
in ondangwa, built in 200002 and shut down in 2006, was financed by the Chinese
government as well and constructed by China Nanjing international Namibia Con-
struction (The Namibian, 14/06/2000). The private Chinese firm New era investment
was responsible for, among many other public projects, the new town council building
in Helao Nafidi Town, inaugurated in april 2006 by president pohamba.


The most prominent instance of Chinese involvement in public construction projects
is the new state House on the outskirts of Windhoek. as with Heroes acre, the main
contractors are North korean firms. after the Chinese government donated N$ 55 m


.Theplanning andprojectionof the citysproject is expected tomatchAsian andEuropean
urbanconceptswhileutmostcarewillbetakentoensurethat it fallswithinthe lifestyleand
architectoniccharacteristicsofthecountry,JuLizao,arepresentativeoftheChinesefirmsaid.
This urbanisation project will create ,000 local and ,000 Chinese jobs at minimum cost
whileensuringquality.Theprojectisexpectedtospanover0months.CCS China Monitor,
0/00:.


. CCS China Monitor 0/00:.TheseloansandgrantswidenthepoliticalmarginfortheAn-
golangovernment,allowingnon-compliancewithWesternandinternationaldonoragendas.A
Chinesesoftloanof$bntoAngolacameafterWesterndonorspostponedadonorsconference
meetingduetoconcernsaboutcorruption.Theloancamewithagraceperiodofyearsandis
repayableoveryearsat.%.ItisboundtobespentonChinesecontractsandhelpedChina
outbidIndiaonanoildeal.(Kaplinsky,McCormick,Morris00:0).




0


O l d t i e s o r n e w s h a ck l e s ?


for the construction of state House in 2002 (with no strings attached, as a spokesman
of the Namibian government told the press), a Chinese company was given a share in
the project without public tender. in May 2005, another generous grant by the Chinese
government for the building of the new state House was announced, but its amount was
not disclosed. in april 2006, during the budget debate in parliament, it surfaced that
the presidential home attached to state House would be wholly donated by the Chi-
nese government and built by Chinese companies. it was announced that the Chinese
government would tender for the construction in China (The Namibian, 21/04/2006),
thereby possibly introducing new players to the Namibian market.


While Chinese construction companies came into the Namibian market in the late
1990s by tendering for public projects often backed by Chinese government money,
they have since moved into the private sector and are making life very difficult for the
remaining Namibian and south african construction companies. Chinese companies
market share is estimated to be anywhere between a third and two thirds of the con-
struction market (Insight Namibia 04/2006:19) and it is growing. The main reason for
the Chinese success is pricing: Chinese firms are undercutting Namibian competitors
on a regular basis. experts say that profit margins on government construction projects
have declined from 30% to 10% or 15% due to Chinese companies (Insight Namibia
04/2006:20) a reduction that simultaneously saves public funds and creates local
unemployment. Chinese contractors claim that their success is due to hard work, reli-
ability and efficiency, while local construction companies were characterised by inflated
profit margins, the frequent missing of deadlines and low productivity prior to the ar-
rival of international competitors.


local companies reply by accusing Chinese firms of unfair competition. industry
representatives such as the Cif (Construction industry federation) have claimed that
Chinese firms profited from preferential treatment in the allocation of tenders and that
government was unwilling to force Chinese companies to comply with Namibian la-
bour laws. They even spread rumours that convicts were used as forced labour on the
construction sites in order to cut costs. allegations of political protection and favourit-
ism are difficult to prove or disprove. While it is not unlikely that political influence and
corruption play a role in large public contracts (government infrastructure projects are
notoriously prone to corruption worldwide), i have not come across any tangible proof of
rigged tenders or unfair competition. at the very least, these allegations are an indicator
of the growing resentment against Chinese competitors among local businesspeople.


all in all, while Chinese competition makes life difficult for the Namibian construc-
tion industry, Chinese competition seems to have had a favourable effect on productiv-
ity and efficiency in the sector and lowered construction costs in the country. Chinese
firms should, however, be more rigorously supervised as to their compliance with Na-
mibian labour laws, and, where public tenders are concerned, preferential treatment
of local firms or stricter regulations regarding the employment of local workers should
certainly be considered.




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Grego r Dob l e r


Chinese migrant entrepreneurs
China shops


in everyday life, the most striking aspect of Chinas growing importance for Namibia
is the omnipresence of Chinese shops in the country, selling everything from tractors
to sports bags, from camping tables to pirated perfumes. There is no Namibian town
without its China shop, and in many larger villages the only shop selling anything other
than sugar, cooking oil, soap and beer is owned by a Chinese migrant. all of these mi-
grants have come from China since 1990, looking for business opportunities outside the
highly regulated and crowded Chinese economy.


The following overview is informed by a case study in oshikango, the main trading
post on the angolan border a special situation, as most shops in the town are living
off the offshore wholesale trade into angola (for more details see dobler 2005, 2007,
2008). Many aspects, however, from trade organisation to the difficulties with work
permits, are general features of the life of Chinese migrants in Namibia.


oshikango is a small but vibrant town on the border with angola. due to the towns
position on the main road linking Namibia to angola, it is also the main trade hub
between the two countries. large warehouses sell all kinds of imported goods wholesale
to angolan traders. Most of the warehouses operate offshore the goods are imported
in bond for export to angola, without paying Namibian import duties and taxes on
them. The most important goods traded in oshikango are used cars, beer and liquor,
furniture, white goods and clothing articles. Chinese shops mainly deal in clothing, tex-
tiles, shoes, electronics and all kinds of cheap consumer goods, but also in motorcycles,
furniture and small tractors.


oshikango is the ideal place to do business in the angolan market without actually
investing in angola. political and economic conditions are stable and foreseeable, and
an excellent road (and in the near future a railway line) links the town to the southern
african ports of durban, Cape Town and Walvis Bay. Many investors are still reluctant
to invest in angola: they fear political interference and insecurity, and are unwilling
to comply with the more demanding angolan rules for foreign investments (like the
obligation to form a joint venture with an angolan partner). since about 2003, how-
ever, oshikango has lost some of its appeal. apart from infrastructure development in
angola, giving viable in-country alternatives to angolan wholesalers, this is mainly due
to the strong rand and to the enforcement of angolan import duties. a large part of
the angolan economy functions on a us-dollar basis. While one us dollar would buy
13 rands/Namibian dollars in 2003, it was worth only N$ 6.2 in early 2006, signifi-
cantly lessening angolan buying power in oshikango. an even heavier blow came in
2004, when angola employed the British firm Crown agents to supervise the customs
office in santa Clara, the angolan border post opposite oshikango. Before that, import


. Thirteenmonthsoffieldworkwerecarriedoutin00and00,focusingoneconomicandpo-
liticaltransformationintheborderboomtown.Toprotectmyinformants,whopartlyentrusted
mewithrathersensitivebusinessinformation,Ihavetriedtomakethemunrecognisableinmy
descriptions.Thisaccountsformyoftenrathervagueascriptionofcitations.


. Consequences forAngolan clients arenot asheavy asonemight expect, asmany imports to
OshikangoarealsopaidinUSdollars,particularlyusedcars,furnitureandallkindsofChinese
goods.Beerandliquorsales,however,havebeenhighlyaffectedbythestrongRand.




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O l d t i e s o r n e w s h a ck l e s ?


duties and consumption taxes, introduced in 2002 and amounting to up to 60%, were
often avoided through bribery. as this practice continues at other border posts, many
angolan traders make large and costly detours in order to import goods purchased in
oshikango through the katwitwe or Calueque border posts.


Most Chinese-owned shops in oshikango sell wholesale to the angolan market.
They import large quantities of goods: many shops receive up to ten 40 foot containers
of merchandise per month. for larger quantities, the goods are usually ordered directly
from the factory, while lesser quantities are bought through wholesalers in China. The
ability to deal with Chinese suppliers and government offices and to find new articles or
better suppliers for the same article is the main asset Chinese traders in oshikango have.
The problem is to bring the things here. once they are here, selling is easy. angolans
buy everything, a trader told me. The cultural skills necessary to buy successfully on
the cheap Chinese market (obviously including language skills) makes them exclusive
and prevents Namibian competition. The cultural skills for selling in oshikango are
acquired by most migrants on the job including rudimentary english and portu-
guese.


due to their access to Chinese markets, the migrant entrepreneurs can undercut
prices for comparable goods produced elsewhere. You can buy leather belts for N$ 5,
radio cassette players for N$ 40 or soccer shoes for N$ 45 (Namibian retail prices, in-
cluding all taxes). Quality is poor for some goods, but not for all: Chinese traders often
complain that angolan and Namibian customers do not perceive differences in quality
and only compare prices.


The profit margins of the first Chinese traders were very high, but competition
quickly led to lower margins. Chinese shops in oshikango are fierce competitors for
each other. They do not fix prices, nor are they shy to copy successful business ideas
from their neighbours. Whenever new merchandise introduced by one of the shops is
selling nicely, other shops are quick to order similar items and sell them at lower prices.
even brands established by one of the larger traders have been pirated by his colleagues
through different Chinese factories.


The Chinese migrants come to Namibia to create a living for themselves and to
escape the constraints of the Chinese domestic economy. They expend a lot of energy,
hard work and creativity on their business, and many of them are very successful. How-
ever, their work benefits not only themselves and their families, it is also of enormous
relevance to the Chinese economy. Today, Chinese migrant entrepreneurs are living in
every country of the world, and in every african town there are Chinese shops selling
goods produced in the peoples republic. The single shops are often small, but collec-
tively they form a highly efficient network of sales outlets for Chinese industries largely
independent of government initiatives. The Chinese government has certainly changed
emigration rules and created greater room for business initiatives and its diplomats are
constantly busy with securing the favours of foreign governments, but the main input
for Chinese shops comes from the migrant entrepreneurs. if there is today no country in


. Thereis,however,agenerationalgaphere:whiletheolderChinesemigrantsoftendonotspeak
anyforeignlanguagebeforecomingtoNamibia,manyoftheyounghaveagoodworkingknowl-
edgeofEnglish.ThisreflectstheenormousimprovementsintheChineseeducationsystemin
thelasttwodecades.




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Grego r Dob l e r


the world where Chinese goods do not form part of peoples everyday life, that is largely
due to these migrants.


starting from a very low basis, Namibias imports from China have grown at a stag-
gering pace since approximately the turn of the millennium. according to iTs trade data,
Namibian imports of manufactured goods from China have grown from $ 132,700 in
1996 to $ 1.5 m in 1999, $ 9.3 m in 2002 and more than $ 20 m in 2003. as the growth
rates reflect the process of adjustment due to Chinas integration into the world markets,
they will eventually slow down when Chinas relative weight in the world economy is
reflected by its weight on the Namibian market. until that point is reached, however,
both Namibian businesses and traditional exporters on the Namibian market will have
to live with constantly declining market shares and dwindling margins.


Problems of legality


for most Chinese nationals in Namibia today, getting a work permit is the single most
essential prerequisite for success in business. When we are here, we can always make
money in some way or the other. if we have to go back to China, it is much more dif-
ficult. The days when one could easily get a work permit for establishing a retail shop
are over. Chinese shops are present in every Namibian town, and both the public and
politicians are growing more and more concerned about the negative effects on local
industries and on the locally owned retail trade. it has even become difficult for shop
owners to get work permits for relatives as assistants in their businesses, and a new
migrant without connections (and more often than not without the necessary language
skills) does not have a realistic chance on his own to get a work permit issued. There are,
however, still several options for new migrants.


perhaps the most common option is to pay established Chinese businessmen in
Namibia who act as immigration brokers. They take charge of the necessary docu-
ments and provide both housing and a work place for the new arrival. Their charges can
amount to well over N$ 100,000. Most of that sum is gradually paid back by working
for the broker. after about three or four years, when they have paid back the brokers
fees, new arrivals have also acquired the necessary skills and local knowledge to start a
business of their own.


a second option seems to be more common still. instead of paying a broker for the
whole package, new migrants (either people with business experience elsewhere and
some capital, or new business partners or relatives of Chinese living in Namibia) only
pay for the service of a well-connected Chinese person who assists them in getting their
work permit. informants differed as to the price of this service, but the average sum
mentioned was about N$ 20,000. all informants were convinced that part of that sum
went to senior Home affairs officials, the rest to the broker, but they were unclear about
the respective shares.


While migrants complain about the rising sums involved, they accept them as the
unavoidable entrance fee into a new world of opportunities. They are taught the rules of
the game by their predecessors and they care more about the outcome than about legal-
ity. None of these rules are made by them, anyway. if they are concerned about the lack
of legality, it is because it heightens both their risks and the leverage of the brokers. You




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O l d t i e s o r n e w s h a ck l e s ?


know, people talk so much about corruption. You cant just go there and give money to
an officer. if he doesnt know you, he will not take it, and maybe arrest you. so there are
only very few people who know those in charge for a long time, they are friends, and
they know, if i take money from this one, it will be okay.


With work permits becoming scarcer or more expensive, more and more Chinese
entrepreneurs are looking for alternative, cheaper ways to come by them or simply
ignore the risks of illegality. There are Chinese citizens who have been living in the
country for years on a long expired tourist visa, relying on their luck not to get caught.
a more promising way for creative entrepreneurs is to serve or to do lip service to the
penchants of their host countrys officials. While the Namibian government has gradu-
ally realised that there may be enough Chinese retail shops in Namibia, they are still
keen to attract investors for manufacturing. More and more Chinese are thus thinking
about establishing production facilities in Namibia. There is, for example, a Chinese
firm producing duvets for export in the otherwise more or less manufacturing-deserted
oshikango export processing Zone (epZ) park. Nothing could be more welcome to
Namibia, even if the cotton, the textiles and the sewing machines are imported from
China. i was at first puzzled why anyone should care to sew duvets in Namibia instead
of importing them from China at lower costs. The answer, at least according to the gen-
eral consensus of Chinese pavement radio, is simple: the main outcome of the venture
is not duvets, but work permits. With such a workshop, you will get work permits for
maybe 20 or 30 technicians. Two or three of them actually work there, the rest is work-
ing somewhere in a shop.


The shops the additional migrants are working in often have no connection to the
manufacturing business. Work permits have actually become just another commodity,
a source of income for Chinese businessmen established in Namibia. Many of them are
now busy establishing all sorts of manufacturing plants in order to sell the opportunity
of legal employment to fellow countrymen. They typically spend about N$ 50,000 for
the import of machinery, money easily recovered by the selling of three work permits.


Chinese who have been in the country for some time and are keen on establishing
their own businesses usually keep a close watch on government policy. When president
pohamba in a speech urged Namibians to enhance computer skills and infrastructure, a
young Chinese took it as a sign that a computer service and training centre could meet
with the favour of Home affairs. everybody talks about manufacturing. But service
is, i think, good too. it is good for Namibia. and you dont need so much money. if
you import machines, even if they dont work, just for show, you have to pay a lot of
money for transport. With computers, that could work. i can still do some business at
the same time.


immigration laws are a field of state administration in which migrants all over the
world are likely to become criminal at one point or another. Most of those who have
tried to get a work permit or a new id card from Home affairs will probably under-
stand, if not approve of, the temptation for somebody who is neither proficient in the
language nor familiar with the system to get his papers in a more expeditious way. il-
licit activities of Chinese nationals in Namibia are not limited to immigration offences,
however. There are indicators that organised crime in Namibia has its Chinese face,
too. Chinese shops in Windhoek are paying for protection: the gangs who control that
business are equally involved in international drug dealing into and through Namibia,




0


Grego r Dob l e r


in cigarette smuggling and in the human trafficking of illegal prostitutes from south
africa to Namibia. in the north, Chinese nationals are involved in large-scale illegal
currency deals, privately buying us dollars earned in the cross-border trade from local
businessmen and reselling them at slightly higher rates in south africa. i was unable to
establish the source of the funds used for these currency deals, but due to the high risk
involved, there is some likelihood of reinvestment of illicit gains and of money launder-
ing.


Economic benefits?


The business opportunities in Namibia certainly benefit the Chinese migrant entrepre-
neurs. But how much does their work benefit the Namibian economy and the Namibian
people? To answer this question (and to decide what stance the Namibian government
should adopt towards Chinese businesses), it is useful to distinguish short-term effects
from long-term hopes and aims.


in the short run, the presence of Chinese shops makes some goods more accessible to
the average consumer. Clothing, blankets, mattresses or shoes have become a lot cheap-
er not to mention the plethora of unnecessary gadgets one can buy in China shops all
over Namibia. upper class consumers may raise a dismissive eyebrow at the quality, or
argue that many of these items are rather useless. But for many people, a cheap radio of
inferior quality at an affordable price looks more convincing than one of superior qual-
ity that is beyond their means, and even unnecessary material possessions can create a
strong feeling of exclusion if you are not able to afford them.


in addition to that, Chinese businesses create employment for Namibians. once
oshikangos China Village is completed, around 200 Namibian people will find a job
there. Most China shops in Namibia actually employ at least some people shop as-
sistants, store hands or security guards. Most of these jobs are for unskilled workers,
however, and there have been many complaints about ill-treatment of workers.


in the short run, while Chinese shops benefit some of the more vulnerable Na-
mibians, it is doubtful whether these benefits outweigh the losses experienced by ex-
isting businesses and, most importantly, the export of profits earned to China where
they can no longer fuel the Namibian economy. The real issues, however, emerge in a
long-term perspective. Throughout history, migrant entrepreneurs, and especially for-
eign shop owners, have been accused of parasitism and exploitation. But history equally
abounds with examples of the constructive economic role played by migrant entrepre-
neurs who come into a country with capital, energy and new skills. What really mat-


. Mostoftheseallegations,however,restoninformedhearsayonly.WhilesomeChinesenation-
alswereconvictedinWindhoekandWalvisBayfor,amongotherthings,cigarettecontraband,
drugdealing,armedassaultandattemptedmurder,neithermajorstructuresoforganisedcrime
noritslinkstoSouthAfricangangshavesofaremergedincourtcases.Themostprominentcase
judgedincourtinvolvedachargeofheroindealingandaburstfromanillegallyownedRau-
tomaticrifleintheupmarketWindhoekCountryClubresort(SeeThe Namibian, /0/00,
//00).When,in00,smuggledcigarettesforoverN$mwereseized,Policesaidit
suspectedthatthesourcewasawellorganisedsyndicatefromChina.Contrabandcigarettesare
normallytransportedfromChinatoDurbaninSouthAfricabeforebeingshippedtoWalvisBay
andbacktoSouthAfrica.(The Namibian /0/00).




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O l d t i e s o r n e w s h a ck l e s ?


ters for the Namibian economy is not whether the Namibian government should grant
more or less work permits, or whether Chinese shops compete with existing ones owned
by Namibians. The real question is whether the self-interest of Chinese migrants can
be channelled into directions that will create genuine development, skills transfer and
added value that stays within the Namibian economy.


deborah Bräutigam (2003) has shown how, in the case of Mauritius, Chinese busi-
nessmen have moved from trade into manufacturing, creating the germs of successful
indigenous industrialisation. This has not happened in Namibia yet and there are not
many signs that it is about to happen. Government is certainly trying to push Chinese
investors in that direction, but i know of only two or three real Chinese manufactur-
ing investments in Namibia, compared to hundreds of Chinese shops and a growing
number of potemkin villages in the manufacturing sector. Trade is still easier, more
lucrative and less risky than manufacturing not only for Chinese migrants. But com-
petition among shops is already tough and profit margins will decline further. Many es-
tablished Chinese shop owners are already looking for different markets where they can
swim ahead of the crowd (two of them told me they wanted to move to iraq as soon as
the situation becomes a bit more stable; for a parallel example see Haugen and Carling
2005). if Namibia can offer them alternative investment opportunities outside trading,
they might be induced to put their formidable energy, and their money, into projects
that really further economic development.


Conclusion
This overview of the role China plays for the Namibian economy is far from exhaustive.
i have concentrated on primary commodities, the construction industry and retail trade
by migrant entrepreneurs only, leaving many other issues aside. There are many further
fields where Chinas growing presence has large consequences for Namibia from mili-
tary cooperation, technical assistance and cultural exchange programmes to traditional
Chinese medicine or the growing number of twinning agreements between Namibian
and Chinese towns, let alone diplomatic ties at government level.


But even such a short review, bound to be outdated soon, shows how much the bal-
ance of the world economy has already shifted towards China. africa (and the world)
will have to face this fact, instead of wishing it did not happen. only then can african
countries implement policy measures that will allow them to benefit from the Chinese
boom. More favourable terms of trade may, of course, make a crucial difference to
commodity exporters, but unless Chinas role is rendered more constructive through
economic legislation and diplomacy, oshikangos China Village could become a sym-
bol for the revamping of the old economic world system with a different trade partner
once again reducing african countries to the export of raw materials and the import
of manufactured goods.


Notwithstanding that danger, Chinas emergence can create real possibilities. Quite
apart from its interest in raw materials, there are signs that China is really willing to
contribute to development in africa, from the surge of donor moneys coming from the
peoples republic to the willingness of the Chinese government to reduce textile exports
to southern africa in order to protect local industries. on a local scale, the immense




0


Grego r Dob l e r


energy and creativity of Chinese migrants in Namibia could certainly be put to more
constructive use than to obtaining and selling work permits, or the import of broken
machinery for false manufacturing sites. african governments will not change Chinas
role in the world economy nor the leverage that comes with it, but policy measures they
implement now may contribute to transforming its consequences and may determine
whether Chinas emergence will reshuffle the cards in africas international economic
relations or simply change the players.


references


alden, Chris (2005), China in africa, Survival Vol. 47, No. 3, pp. 14764
appolus, emil (2004), reminiscences of Times Gone By, New Era, 3/12/2004.
Bosten, emmy (2006), Chinas engagement in the Construction industry of southern


africa: The Case of Mozambique. paper for the Workshop asian and other drivers
of Global Change, st. petersburg, russia, 1921 January 2006 http://www.ids.
ac.uk/asiandrivers (June 2006)


Bräutigam, deborah (1983), doing Well by doing Good, The China Business Review,
Vol. 10, No. 2, pp. 5758


(2003), Close encounters: Chinese Business Networks as industrial Catalysts in sub-
saharan africa, African Affairs, Vol. 102, pp. 44767


directorate of international Trade (2005), China Market Study. Windhoek: Minstry of
Trade and industry


dobler, Gregor (2005), South-South Business Relations in Practice. Chinese Merchants in
Oshikango, Namibia.
http://www.ids.ac.uk/asiandrivers (June 2006)


(2007), solidarity, Xenophobia and the regulation of Chinese Businesses in Namibia,
in C. alden, d. large and r. soares de oliveira (eds), China Returns to Africa.
london: Hurst


(2008), The Way to Consumption. International Commodity Flows and Trade Networks in
Oshikango, Namibia (forthcoming)


Gibson, richard (1972), African Liberation Movements. london: oxford university press
Goldstein, andrea, Nicolas pinaud, Helmut reisen and Xiaobao Chen (2006), The Rise of


China and India Whats in it for Africa. paris: oeCd
Hart, Gillian (1996), Global Connections: The Rise and Fall of a Taiwanese Production


Network on the Southern African Periphery. Berkeley: institute of international
studies


Haugen, Heide o. and Jorgen Carling (2005), on the edge of the Chinese diaspora: The
surge of Baihuo Business in an african city, Ethnic and Racial Studies, Vol. 28, No.
4, pp. 63962


Humphrey, John and dirk Messner (2006), The Impact of the Asian and other Drivers on
Global Governance. http://www.ids.ac.uk/asiandrivers (June 2006)


kaplinsky, raphie (2005), Globalization, Poverty and Inequality. Cambridge: polity press.
, dorothy McCormick and Mike Morris (2006), The Impact of China on Sub-Saharan


Africa. http://www.ids.ac.uk/asiandrivers (June 2006)
kößler, reinhart (2005), its Capitalism, stupid! die Wirklichkeit der süd-süd-


kooperation, iz3w, No. 287, pp. 1821




0


O l d t i e s o r n e w s h a ck l e s ?


kojima, kiroshi (2000), The flying Geese model of asian economic development:
origin, extensions, and regional policy implications, Journal of Asian Economics,
Vol. 11, No. 4, pp. 375401


lyman, princeton (2005), Chinas Rising Role in Africa. Presentation to the US-China
Commission.
21 July, 2005 http://www.uscc.gov/hearings/2005hearings/written_
testimonies/05_07_21_22wrts/lyman_princeton_wrts.pdf (14 october 2005)


payne, richard J. and Cassandra r. Veney, (1998), Chinas post-Cold War african policy,
Asian Survey, Vol. 38, No. 9, pp. 86779


shinn, david H. (2005), Chinas Approach to East, North and the Horn of Africa. Testimony
before the U.S.-China Economic and Security Review Commission Chinas Global
Influence: Objectives and Strategies. 21 July 2005 http://www.uscc.gov/hearings/
2005hearings/written_testimonies/05_07_21_22wrts/shinn_david_wrts.pdf (14
october 2005)


Taylor, ian (1997), China and sWapo: The role of the peoples republic in Namibias
liberation and post-independence relations, The South African Journal of
International Affairs, Vol. 5, No.1, pp. 11022


Xiang, Biao (2003), emigration from China: a sending Country perspective, International
Migration,
Vol. 41, No. 3, pp. 2148




poverty, politics, power and privilege
Namibias black economic elite formation


Henning Melber


In Namibia & we are clear & No exploitation of man by man.
That will not be allowed here. Namibias first head of state, sam Nujoma,
during an interview (Nujoma 2003:Xiii)


The Policy of National Reconciliation has served our people well. Instead
of retributions and backlash, we have created a stable society where our
people work together for the achievement of our common goals of economic
development and the improvement of the living standards of all our people.
Namibias second head of state, Hifikepunye pohamba, in his address to the
nation on the 17th anniversary of independence, 21 March 2007


ever since independence, the government of Namibia has held the exploitative and dis-
criminatory nature of the century of firm occupation under German and south african
settler colonialism and its infamous apartheid system as being responsible for the gross
inequalities characterising the postcolonial social order. indeed, the inherited socioeco-
nomic structures placed a heavy burden on the erstwhile freedom fighters of the south
West african peoples organisation (sWapo of Namibia) after they had seized legiti-
mate political power and, subsequently, as the swapo party, assumed ever greater and
ultimately absolute political control over the country (cf., Melber 2007). The challenges
ahead were by no means eased by the compromises made at the outset to secure the
final stage of the decolonisation process and a transition and transfer of political power
under an arrangement of controlled change. after all, the way to independence required
acceptance of the socioeconomic structures in existence by constitutionally endorsing
the status quo in terms of ownership and property rights. as part of the negotiated set-
tlement, the scope of social change was confined to reforms within this constitutional
framework guided by a policy of national reconciliation.


Notwithstanding these limitations on politics claiming to be guided by the notion
of fundamental emancipation, from the mid-1990s onward the liberation movement
democratically consolidated its position by securing a two-thirds majority in parliament
and complete control over the institutionalised political decision-making process. The
former comrades in the struggle were now political office bearers confronted with the
mammoth task of social delivery of reforms to the previously colonised and marginal-
ised majority. after all, the anti-colonial movements proclaimed goals and perspectives
were not only those of fighting the oppressive and exploitative system of apartheid co-
lonialism. The liberation struggle was at the same time about creating conditions for a
better life after apartheid, not only in terms of political and civil rights, but also of the


0




inextricably linked material dimensions of human well being and a decent living for
those previously marginalised and excluded from the benefits of the wealth created (to
a large extent by them!).


Given the scale of chronic poverty existing at independence, the formulation and
implementation of a rigorous strategy to achieve a coherent and cohesive social pro-
tection policy might have been expected to be at the forefront of postcolonial efforts
to secure further emancipation. Governments responsibility to its electorate would, in
those circumstances, have been reflected in concerted attempts to transform the socio-
economic environment in order to combine further exploitation of the countrys natural
resource base with redistributive interventions in the interests of the majority of the
population. article 23(2) of Namibias constitution, which was adopted in early 1990,
entrusts elected law-makers in parliament with passing legislation aimed at redressing
social, economic or educational imbalances in the Namibian society arising out of
past discriminatory laws or practices. But as the social reality presented in this chapter
documents, painfully little has changed since then in terms of correcting the scandalous
inequalities.


poverty and wealth
in terms of conventional econometric measurements for income inequality (the lorenz
curve and its related numerical index, the Gini coefficient), Namibia ranks in the top
category of countries with the deepest social divides. Based on data in the mid-1990s,
Namibia had a Gini coefficient of 0.701, not only an extremely unequal distribution of
income, but the highest such coefficient for all countries for which it had been reliably
calculated.2 The deep internal socioeconomic divides are along both regional-ethnic as
well as class lines. Geographical disparities were exacerbated by the legacy of the mi-
grant labour system, which during the 20th century had promoted the rural-urban bias
and the further and lasting marginalisation of whole regions (cf., frayne 2005; Tvedten
2004; Winterfeldt 2002). economic data and statistics gathered since independence


. see also earlier versions of this considerably updated and revised text, which offer additional
information on related aspects (Melber 2005c and 2006).


. see for background information on measuring inequality in the Namibian context, Hastings
(1999). The Gini coefficient can range in theory from 0 to 1, where the former would indicate
that every person has exactly the same income (total equality), and the latter case would indicate
that one individual received all income (total inequality). Notably, the degree of (in)equality
measured does not allow for any conclusions to be drawn about the absolute amount of per capita
income. This is illustrated by the fact that Namibia has the highest Gini coefficient, while in the
mid-1990s the (generally poorer) Bangladesh had one of the lowest Gini coefficients, at less than
0.3. in contrast to Bangladeshs status as a least developed Country, however, the average an-
nual per capita income of Namibia of the order of $ 2,000 places it in the lower middle-income
country category. so much for the contrast between aggregated data and social realities! Not
surprisingly, Namibia has one of the widest discrepancies between its ranking in terms of average
annual per capita income and its Human development index. as the resident representative of
uNdp pointed out during the launch of Namibias first Human development report, estonia
in 1996 had a lower per capita income than Namibia but ranked 48 positions higher in terms of
human development. except for the oil enclaves of Qatar, kuwait, oman and Gabon, Namibia
had the highest disparity between its real Gdp per capita and human development rankings
(adei 1996:3).




P o v e r t y , P o l i t i c s , P o w e r a n d P r i v i l e g e






Henn ing Me lb e r


confirm that the luxury which a small elite enjoys contrasts with the abject poverty of
the majority of the people. a large-scale National Household income and expenditure
survey (NHies) undertaken during 199394 concluded that there are vast dispari-
ties between a small, wealthy minority and a big majority of which many live below
the poverty line (Central statistics office 1996:4). according to the report, 10% of
the households (amounting to 5.3% of the population) accounted for 44% of private
household consumption while the remaining 90% of households (amounting to 94.7%
of Namibias population) consumed 56% (ibid., p. 15). The figures also show that, in
economic terms, the average Namibian does not exist. The notion of an average income
becomes rather meaningless when half the population survives on approximately 10%
of such fictive average income while 5% of the population enjoys an income more than
five times higher than this abstract average. as a direct result of the inequalities, more
than 40% of households were rated below the poverty line, and, sadly, Namibia has the
highest malnutrition level of any country in the world with an average per capita income
above $ 1,000.3 The Namibia occupational wages survey of 2002, tabled in parliament
in June 2006, shows the gross income inequalities in salaried employment: 14.9% of
employees earn below N$ 600 (about $ 100) a month, while only 0.1% of employees
earn above N$ 33,000 (about $ 5,500) a month, with the majority of salaries ranging
between N$ 1,000 and N$ 5,000 (dentlinger 2006).


as the first Human development report (Hdr) published for Namibia in 1996 by
the local uNdp office concluded: Namibia is one of the worst performers in the world
in terms of human development levels relative to national income (uNdp 1996:73).
With a Human development index (Hdi) of 0.573 in 1996, the report commented
with regard to the countrys ranking in the world that considerable advances still have
to be realized before Namibia rises from its current position of 116th (out of 174) to its
Gdp ranking of 79th (ibid., p. 74).


according to the social and demographic indicators presented in an overview table
in a recent iMf assessment (2005:30), the latest available World Bank figures at the
time suggested a Gdp per capita (in constant 1995 prices) of $ 2,184 for 2004, while
figures from the latest household income and expenditure survey undertaken by Na-
mibian authorities highlight the unabatedly scandalous degree of skewed income distri-
bution: the wealthiest fifth of the population controls 78.7% of income share, while the
poorest fifth has to live on a mere 1.4%. even neighbouring south africa (with a Gdp
per capita of $ 4,020) has a less radical social divide, the corresponding figures being
66.5% and 2.0% respectively, hence indicating a broader band of social strata between
the extreme haves and have-nots. little, as the data suggest, has actually changed since
independence in terms of the general distribution of wealth and poverty among the
countrys population, of which too many live in destitution.


. studies based on the available data offer further evidence of the magnitude of the challenges aris-
ing from the massive scale of poverty (cf., Hansohm, presland 1998; Nepru 1999; schade 2000
and 2004).






P o v e r t y , p o l i t i c s , p o w e r a n d p r i v i l e g e


official planning for development
Towards the end of the first decade of Namibias independence, a number of stocktaking
exercises had started to summarise various aspects of socioeconomic and institutional
development.4 Namibias planning policy emerged hand in hand with the establishment
and consolidation of the structures of a sovereign Namibian state. The first National
development plan (Ndp 1), the essential framework document for the countrys devel-
opment strategy and capital investment programme for 199596 to 19992000 (Na-
tional planning Commission 1995) identified and highlighted four major development
objectives:


a) a 5% annual growth rate for the economy;
b) the creation of ample opportunities for employment;
c) the reduction of inequalities in income distribution; and
d) the design of economic and social programmes to help alleviate poverty and to


help vulnerable groups in society.
These four main aims are closely interrelated. However, only economic growth had a
regular and comprehensive monitoring system, and the targeted average growth rate
was not met. The other three aims were not regularly or systematically measured, but
the figures and data available from a variety of sources (as unreliable, erratic, and even
contradictory as they might at times be) suggest they were not met.


efforts to draft the second National development plan (Ndp 2) were delayed,
with policy guidelines formulated only towards the end of Ndp 1 (National planning
Commission 1999). instead, new parallel parameters were created with the introduction
of a Vision 2030, announced by the head of state and described by the National plan-
ning Commission secretariat (NpCs) as the countrys first long-term vision (ibid., p.
27). it was obviously unclear at that stage to what extent Vision 2030 was supposed
to replace, substitute, modify or simply augment NpCs efforts to formulate a compre-
hensive development strategy. There is, of course, a marked difference between a vision
and a plan. While equity in development was highlighted by NpCs as a principal and
strategic goal of Vision 2030, the challenge remained to put forward the necessary
steps to realise it. after a delay, Ndp 2 was presented as the countrys strategic develop-
ment blueprint for the period 200102 to 200506 (National planning Commission,
undated [2002]). it identifies ambitious aims, but admits that most goals of the previ-
ous plan had not been met. The point of departure of the vision is sustainable and
equitable improvement in the quality of life of all people in Namibia (ibid., Vol. 1, p.
50). Ndp 2 lists the following national development objectives: poverty reduction, em-
ployment creation, promotion of economic empowerment, economic growth, reduction
of inequalities in income distribution, reduction of regional development inequalities,
promotion of gender equality and equity, enhancement of environmental and ecological
sustainability and combating the further spread of HiV/aids (ibid.).


even more ambitious is the long-term Vision 2030. it was officially launched on
2 June 2004, i.e., six years after president Nujoma had initiated the blueprint as his
brainchild. it declares as its aim placing the quality of life of all Namibians on par with


. These include Halbach (2000), several contributions to Melber (2000), as well as the annual sub-
chapters on socioeconomic developments for 1990 to 2000 in Melber (2002).






Henn ing Me lb e r


people in the developed world by 2030. according to this vision, Namibia will within
the next 25 years be


a healthy and food-secured nation in which all preventable, infectious and parasitic diseases
are under secure control; people enjoy a high standard of living, good quality of life and have
access to quality education, health and other vital services. all of these translate into long life
expectancy and sustainable population growth. (republic of Namibia 2004:20)


ignoring for a moment its missing sense of reality, Vision 2030 indeed highlights a true
dilemma: it names the challenge the government has to reckon with if it is to retain its
legitimacy and credibility among the electorate:


The goals of the Namibian struggle for independence were framed in terms of social justice,
popular rule and socioeconomic transformation, thus the legitimacy of the post apartheid
system of governance rests on its ability to deliver transformation or, at any rate, to redirect
resources to address the socioeconomic causes of poverty and potential conflict & Contin-
ued prevalence of widespread poverty would, in the eyes of those affected, imply govern-
ments unwillingness to change the status quo, or its inability to improve their economic
conditions. Therefore, the challenge calls for a functioning social-democratic framework,
underpinned by a robust and sustainable system of equitable social provisioning for the basic
human needs of all citizens, in terms of, among others, education, health, housing, water,
sanitation, land, etc. (office of the president 2004:1745).


as a sub-vision it is declared that Namibia [should develop] a significantly more eq-
uitable distribution of social well-being, through the sustainable utilization of natu-
ral resources in a mixed economy, characteristic of higher income countries, primarily
through stronger growth and poverty-reduction (ibid., p. 177).


The separate design of a poverty reduction strategy was based on a cabinet decision
taken at the end of 1998. since its adoption and proclamation (republic of Namibia un-
dated and 2002), little has been recorded in terms of monitoring achievements. Thus the
picture emerges of a government eagerly compiling assessments and drafting strategic
plans, but failing to achieve the declared goals set out in these documents. despite vis-
ible initiatives by ministries to design policy-oriented development blueprints through
a variety of official documents, a lack of any coherent development strategy remains a
striking feature, as, even more clearly, does the failure to translate existing concepts
into concerted action. in the words of the country report of the swedish development
agency:


on the whole, several development policies, plans and structures are in place in Namibia for
the Government to take on a more coherent and efficient poverty reduction programme, but
all too often, efforts seem more to be focused on reviewing plans rather than implementing
them. (sida/embassy of sweden, Namibia 2004:6)


The outgoing representative of the local eu office expressed a similar view in public
when he vacated his office in mid-2006. He identified poor planning, misjudgments
and haphazard decision-making by government as a source of concern. in an interview
published by the state-owned newspaper, he maintained that government executed de-
velopment plans without proper planning and the necessary research needed for the
implementation of its socioeconomic projects (quoted in philander 2006). such criti-
cism, combined with the increase in graft scandals and corruption, was also reflected in






P o v e r t y , p o l i t i c s , p o w e r a n d p r i v i l e g e


Namibias international ranking. The global competitiveness report released at the end
of september 2006 by the World economic forum (Wef) saw Namibia drop from
79th to 84th rank (katswara 2006). in the uNdp Human development index (Hdi)
released in mid-November 2006, Namibia retained 125th position. But the country,
with a marked spread of 50 ranking points as between these two indices, was again
among those that displayed the greatest discrepancies between the (higher) rank in per
capita income and the (lower) rank in Hdi, a discrepancy that testified to the extreme
inequalities. Nothing had actually changed for the better in comparison with the data
presented in the first report of 1996. ranked according to children under weight for
age, Namibia ended third last among the countries of southern africa (24% for the age
group under 5 years). Given the countrys relative resource wealth compared with some
of the neighbouring states, this is nothing less than a scandal. When an iMf mission
held local article iV discussions during November 2006, the published final statement
warned that more determined efforts [were] needed to reduce poverty so as to maintain
social cohesion (international Monetary fund 2006).


Transition without transformation
since independence, the republic of Namibias balance sheet for both the politically
institutionalised culture (cf., Melber 2003a) and the culture of the political institu-
tions (Melber 2005b) as well as socioeconomic performance (cf., de Waal et. al. 2002)
has been at best mixed. one Namibia, two nations reported a local journalist, who
quoted the first Hdr presented by the local uNdp office: Given the right policies,
Namibia could translate its high per capita income into improved living standards for
the majority of the population at a faster rate (sutherland 1996). a decade later, a uN
country assessment warned of an unfolding humanitarian crisis due to the combination
of HiV/aids, food insecurity and the ineffective delivery of critical social services to
the most vulnerable groups (dentlinger 2005). and a report by the World Bank on the
(lack of) achievements in expanding so-called human capital noted:


inequalities inherited at independence persist, despite major efforts to eradicate them. They
are evident in the distribution of access, learning outcomes, and resource inputs. These in-
equalities & represent a threat to national cohesion, peace, and political stability, and a
failure to realize the productive potential of a large proportion of the population. (Marope
2005:xviii)


While the international financial institutions and potential foreign investors praised the
Namibian tax system for its efforts to be internationally attractive and competitive, that
system has actually failed to use its potential to induce redistribution of wealth in any
way. in contrast to the prevalence of redistribution as a guiding motive in the design
of tax systems in developed countries, Namibia seems to be similar to most other less
developed countries, in which poverty and/or inequality considerations have generally
been of secondary importance, at best, in & fiscal reforms (Gemmell, Morrissey 2005:
31f.). instead of such indifference, which has the ultimate consequence of favouring
the better off once again, redistribution as an effect should be targeted deliberately,
and not be treated as an automatic by-product of political and economic reform (Nel






Henn ing Me lb e r


2005:36). While taxation has been of little interest in the literature so far (cf., Hansohm
et al. 2002), there is sufficient evidence that the current tax system ignores the consider-
able profit-generating activities on the margins of the formal economy in the prosper-
ous parts of an informal but highly successful business sector (operating particularly
in the ruling swapo partys home base in the Northern owambo-speaking regions)
and has not been utilised as a redistributive mechanism to any significant extent
(rakner 2001:142). The mere fact that it took 16 years after independence before even
the still predominantly white commercial farmers were taxed on their land illustrates
the point.


an analysis of the first 15 state budgets since independence saw little reason to
believe that public spending is becoming more equitable and more focused on the
poor, but that public spending is becoming more rather than less inequitable (Mbai,
sherbourne 2004:1). even worse, there were reasons for a strong suspicion that public
spending is increasingly being channeled to more privileged groups in society employed
in activities that bring little in the way of return through higher economic growth, such
as in defence, paramilitary security, intelligence and poorly performing parastatals
(ibid., p. 13f.). This critical local assessment concluded that it is quite possible that
poverty and inequality have worsened and that the national budget has done little to
offset this trend (ibid., p. 4).


do We Have Cause for Celebration? asked the editorial of the independent english
local daily on the occasion of Namibias Heroes day celebrated on 26 august 2005 to
mark the 39th anniversary of the beginning of the armed struggle by sWapo in 1966.
its sober conclusion: our goals of a just and equitable society seem far out of reach; our
stated aims of bridging the gap between rich and poor diminish even further and only
serve to further widen the rift between the haves and the have-nots (The Namibian, 25
august 2005). in preparation for the uN summit discussing the achievements in regard
to the millennium development goals, the Namibian NGo forum (NaNGof) tabled
a shadow report that contrasted with the official government position. it spelled out the
challenges being confronted, including destitution and abject poverty, and expressed
grave concern regarding the performance of government. NaNGof called for a
critical review of the policies, strategies and approaches and structural tools adopted to
remedy the situation with major emphasis on their dysfunctionalities and capacity gaps
in adequately responding to the problem (quoted in kakololo 2005).


declared efforts to eradicate inequalities have to be critically scrutinised and ques-
tioned in relation to the visible outcome so far under the given constraints of a frame-
work limiting social change to government-induced reform policies. as a partial result
of a combined approach of national reconciliation and affirmative action (schmid
2002), the class structure has been slightly modified and the privileged segment of so-
ciety became less exclusive in terms of pigmentation. However, as the sobering results
of an assessment for the period 200004 suggests, very few changes occurred in the
composition of senior management. Based on the available data, it seems that white


. some suggest that one reason for such delay may be the fact that by the mid-1990s a consider-
able number of cabinet members and other lawmakers had already acquired commercial farms
themselves.






P o v e r t y , p o l i t i c s , p o w e r a n d p r i v i l e g e


men even increased their disproportionately large share of senior managers to almost
60%. (larri 2005:19)


instead, so-called affirmative action (aa) measures were a convenient vehicle to
cover up unlimited access to resources by those who were able to abuse their strategic
positions: Corruption and nepotism under the disguise of affirmative action will de-
stroy the reputation of the policy, warned the same report. affirmative action must not
become a new form of discrimination but an instrument to overcome the legacies (and
still widespread practice) of racism and gender discrimination (ibid., p. 110). instead
of pursuing a policy aiming at structural changes, however, the blatantly racist power
structures and property relations have merely been gradually replaced by a more colour-
blind class agenda. like the comrades in business (adam et. al., 1997) in neighbour-
ing south africa, the colour of business (adam 2000) by means of Black economic
empowerment (Bee) serves the class interests of a new bureaucratic elite from the ranks
of the erstwhile liberation movement. These liberators profitably cashed in on their ac-
cess to the countrys resources through the political and public service offices they se-
cured at and after independence. The results have been sobering for the countrys still
underprivileged majority. on behalf of the organised labour force, the Mineworkers
union of Namibia (MuN) expressed public concern over the state of Bee. The union
declared that it was not happy to witness a process where only the elite was in the driv-
ing seat (The Namibian, 7 september 2005).


Greed and graft
a stock-taking exercise undertaken by a local NGo on reported cases of corruption
since independence, reached the conclusion that Namibia as a small economy has sub-
stantial volumes of corruption, which in most cases involve Government agencies &
where more resources are available and where controls are weakest (Nid 2005:20).
despite fairly positive rankings so far, Transparency international also notes a decline of
the country on its index over the last years. according to its corruption index presented
in early November 2006, Namibia dropped from 47th to 55th rank (The Namibian,
7 November 2006). obviously, the anti-corruption crusade introduced by Namibias
second head of state since 2005 has had no visible results so far.


soon after taking office, president Hifikepunye pohamba used a rally in commemo-
ration of Cassinga day for a national alert on corruption, asking for support for his
governments drive to root out graft. He claimed that those who fought for independ-
ence and freedom did not sacrifice their lives so that other Namibians could enrich
themselves through corruption, but for the country to be developed for the benefit of
all Namibians. He warned that greed had become akin to colonialism. Those guilty of


. according to the Namibian employers federation (Nef), the affirmative action act has so far
resulted in a few well-educated Namibians from the so-called previously disadvantaged group
using their status to hop from one job to another in search of greener pastures (Tjaronda 2006).
This conclusion tends to overlook, however, the fact that (still predominantly white) Namibian
private companies showed little enthusiasm for supporting a structured transfer of skills to en-
hance internal upward mobility among employees.






Henn ing Me lb e r


corruption not only eroded the national fabric, but also looted resources that could be
used to alleviate poverty and create jobs:


We fought against the colonialists because they were treating us badly, but now we have
chased them out, there are people from our own society, our brothers and sisters, black
people, who are colonising other fellow black Namibians and their Government by stealing
the money of the public and enriching themselves & My government is not going to tolerate
corruption, tribalism and nepotism and i am calling upon all Namibians who are practising
these things to stop doing so immediately. (Quoted in shivute 2005)


looking at the evidence since then, the call seems not to have been heard. at about the
same time, the deputy director in the office of the auditor general publicly shared his
frustration at the lenient checks and balances in public accounting and transparency
when he stated that instructions were totally ignored without any fear by top civil
servants, including permanent secretaries (Maletsky 2005). This has been confirmed
with the emergence of several high profile cases of misappropriation of public funds. in
one case, N$ 100 m disappeared abroad over several years in a black box by means of
a shady investment transaction by top officials of the overseas development Corpora-
tion (odC). The money was supposed to enhance foreign direct investment through
an export processing zone scheme. in the meantime, it has become known that since
2003 another N$ 30 m went missing (Hofmann 2006). odC was actually expected
to import capital instead of exporting it.


a second case suggested that investments by the Government institutions pensions
fund (Gipf) into dubious black empowerment projects resulted in losses amounting
to N$ 650 m (Grobler 2005a). Government officials subsequently corrected the report:
according to their estimates the losses would total only some N$ 350 m. in another
case of publicly known scandals, even more spectacular because of the involvement of
high political office bearers, N$ 30 m was transferred for speculative purposes from the
social security Commission (ssC) to a private financial institution (avid) without any
guarantees. The institution had good political connections but its reputation has been
increasingly tarnished by its inability to pay the money back. a spectacular court case
investigating the financial operations of the investment firm had since mid-July 2005
dramatically disclosed a network of politically well-connected comrades. Their shady
business practices seemed to illustrate in textbook fashion the infamous prevailing fat
cat syndrome, and attracted the interest not only of the media but of the wide audience
drawn to the court room, who at times tended to turn the hearings into a Hollywood
drama. The most prominent fraud saga to date in Namibias post-independence history
escalated just two days ahead of the annual Heroes day public holiday in 2005 when
the accused key witness shot himself in the presence of policemen after being arrested,
while a deputy minister resigned from the office he had been sworn in to only five
months earlier (cf., reports in The Namibian, 25 august 2005).


. a presidential commission of inquiry started a probe into ssC in 2002, after it became known
that brokers and middlemen tasked with investing ssC funds took cuts worth millions of dollars
in state pension money. The avid deal took place after the launching of the investigations, which
have kept the police busy for four years with no findings or other information released. see: ssC
inquiry probe inches forward. in: Insight Corruption Tracker, July 2007. according to the same
source, a total of 62 persons from the ssC were accused of fraud by June 2007.






P o v e r t y , p o l i t i c s , p o w e r a n d p r i v i l e g e


even the secretary of the swapo partys elder Council found harsh words at a press
conference for these scandalous disclosures, which he likened to a monster of avarice
and avidity, which is eating the national cake greedily, excessively, with impunity. as
he concluded: Corrupt practices have become the order of the day (quoted in shig-
wedha 2005). Namibias prime minister shared similar sentiments when he commented
on the squandering of the several hundred millions from the Gipf pension funds on
get-rich-quick schemes masquerading as Bee. These, he dismissed as just asset-strip-
ping contributing to an even bigger rich-poor-divide: We have to be careful, otherwise
we are going to end up having a class war in this country, he warned (quoted in Grobler
2005b).


Based on experiences so far, the chairperson of the standing committee of the Na-
mibia Chamber of Commerce and industry (NCCi), diagnosed a culture of envy and
jealousy spreading among black empowerment stakeholders and players in the country.
This culture, he continued, contributed to the economic failure of schemes (quoted in
sibeene 2006). The relatively excessive remuneration of managers in parastatals and
municipalities (often with salaries twice that of the head of state) is another indicator
of an at times unashamed self-enrichment strategy by members of the new elite.
They base their access to the countrys public purse on political or public sector offices
and benefit from direct preferential treatment. in an act of voluntary transparency, the
development Bank of Namibia (dBN) disclosed in its annual report the remuneration
it offered. in 2005, its Ceo earned a hefty N$ 1.1 m in total, which consisted of a
N$ 716,609 pensionable salary, a bonus of N$ 257,960 and company contributions to
pension and medical aid of N$ 163,101. The bonus was up by a whopping 85% on the
previous years.


during the year, of 94 loan applications submitted, seven loans were granted: among
the recipients were two other parastatals, a town council, two companies with strong
political connections (involving the ex-deputy foreign minister in the one case and the
director general of the NpC in the other case),


and one to a company which was on the verge of liquidation only to be bought up and saved
by a foreign company (ongopolo Mining and processing). The remaining loan was extended
to Namibia poultry industries for which no information is presented in the report & while
both the chairpersons and Ceos reviews mention the positive aspects of most of the loans,
no mention is made of the loan to ongopolo or to Namibia poultry industries, the two larg-
est loans the bank has made. of course the key question is why did it take the development
Bank to make these loans rather than a normal commercial lender?


. Nice Work if You Can Get it. in: Insight, august 2006, p. 15.
. ibid. The special case of ongopolos transfer to the multinational mining company Weatherly


international merits detailed presentation, but would exceed the limitations on the length of this
chapter. suffice it to point to the interview with the new Ceo in the same issue of the magazine.
financed a few years earlier as a Bee project, ongopolo sold for liquidity reasons but has since
turned out to be a profitable investment for Weatherly. as its Ceo stated in the interview: i
guess we knew more about the company than some of the directors, one of whom was, by the
way, the former trade union leader who features prominently in the fuel deal reported below. The
new Ceo also stated his intentions to establish a school for miners as theres been no training
whatsoever in the workforce for the last five years (i.e., since the takeover as a Bee enterprise)
and the aim to bring a number of essential functions, that for some crazy reason were out-
sourced, back into the company. Quoted from: for us its Make or Break. ibid., pp. 1013.




0


Henn ing Me lb e r


during a labour case in court, it emerged in late 2006 that the monthly salary of the
former chief executive officer of the agricultural Bank of Namibia (employed there
between 1997 and January 2004) amounted to N$ 83,000. The claimant, who de-
scribed this as a mid-range and moderate package, initially demanded N$ 6 m in
compensation for what he considered unfair dismissal by the parastatal. as he explained
to the Windhoek district labour court, he could have expected that at the end of his
contract he would be reappointed for another five-year-period as agribank Ceo (Grob-
ler 2006b). While the claimant was not very successful in squeezing out more money
after his contract properly came to an end, the Ceo of the Walvis Bay municipality
who reportedly had a similar monthly salary of between N$ 85,000 and 92,000
(kraft 2007) seemed more successful. as it emerged in July 2007, the citys director of
12 years resigned at the end of March 2007 after he had renewed his five-year contract
in 2006. The municipal council accepted an accelerated resignation, which allowed the
Ceo to vacate his office within a week, and, for unknown reasons, agreed to a golden
handshake of close to N$ 2.8 m (Hartman 2007).0


Given this undisguised and unashamed greed, it hardly comes as a surprise that one
swapo Mp suggested in all seriousness during a debate in the National assembly that
the current speed limit of 120 km/h on all Namibian roads be modified. sedan cars,
he said, such as Volvo, Mercedes Benz, Camry and the like, whose speedometers go
over the limit of 180 km/h, should be allowed a limit of up to 160 kilometres per hour.
He urged the need for this based on the simple fact that if one has experiences driving
any of these cars, you will agree that you are likely to fall asleep driving at 120 km/h,
because the car does not seem to be moving (quoted in Weidlich 2007). as a result of
the hunt for money and status, exemplified by such weird and misguided conceptions
of special treatment presented during a parliamentary debate (thereby vindicating the
adage that the fantasy of satire is surpassed only by reality), differences in salary pack-
ages created a three-tier labour market. a study by the trade union-affiliated research
institution larri empirically illustrated the radically segmented workforce, which is
composed of a small elite enjoying a standard of living comparable to first-world coun-
tries, a significant group of formal sector workers with permanent jobs and low-to-
middle incomes and a growing number of casual, informal and unemployed workers
(katswara 2005).


The notion of national reconciliation, proclaimed as a guiding principle for the con-
solidation of postcolonial Namibia, to a large extent translates into a pact between old
and new elites, whereby the latter are coopted as the beneficiaries into existing struc-


it should be mentioned that a year later the same magazine reported much less critically on the
2006 annual report presented by the dBN and applauded its Ceo for his transparency and ac-
countability. This contrasted favourably with general attitudes and practices and dBN is the only
parastatal to report its Ceos annual income (which increased only marginally) as well as the
remuneration for its non-executive directors. as the article concluded: Namibia can be thankful
that the dBN is not turning into yet another opaque and inefficient parastatal accountable to no
one but itself. Yet if the dBN can do it, there is absolutely no reason why others cant do it too.
The exception to the rule. in: Insight, august 2007, p. 17.


0. reportedly, the reasons he gave to the media for his resignation were private and linked to his
intention to finalise his ph.d. thesis. When the information about the golden handshake leaked
out at a council meeting in July, the municipal authority took the view that this arrangement was
an entirely internal affair (kraft 2007).






P o v e r t y , p o l i t i c s , p o w e r a n d p r i v i l e g e


tures. looking at the balance sheet, government itself realised by mid-2006 that Bee
as hitherto practised and later termed BBee (Broad Based economic empowerment)
had failed to produce the desired results. as the cabinet announced, economic em-
powerment through schemes such as affirmative action loans, fish quota allocations,
land resettlement and employment equity must reflect positive changes in the lives not
only of a few individualists (Maletsky 2006). addressing a media briefing on the issue,
prime Minister angula bemoaned the fact that some of the beneficiaries sold their fish-
ing quotas to buy expensive cars which they later crash (ibid.). The so-called Namibia-
nisation of the fisheries sector is indeed a case in point. it had to a large extent translated
into the privatisation of natural resources and the siphoning off of profits by allocating
fishing quotas to comrades who generate income by transferring the utilisation of the
quota to companies that are pro-forma Namibian but in fact internationally managed
and owned, while spending their share of the deal on non-productive, consumptive
purposes (Melber 2003b). as a result, Namibia ends up among those cases where


in the absence of property-rights protection, societies with a more unequal distribution of
wealth and characterized by a small fraction of people who can afford entry into rent seeking
will also be ones with greater social polarization and entrenched rent seeking by few at the
expense of the majority. (Chakraborty, dabla-Norris 2005:20)


This absence of property rights protection is documented in the Namibian case most
conspicuously by the unscrupulous looting of state finances, as the case of the Namibia
development Corporation (NdC) exemplifies. Transformed as a public development
agency from the former apartheid era (established originally in the 1970s as a Bantu
investment Corporation) into a state-funded Bee institution (what an irony!), its liqui-
dation was decided by cabinet in early 2007 due to its massive losses. NdC had, among
other things, lent N$ 55 m to the odC as investment capital without any realistic
hope of returns. as it emerged during a parliamentary committee hearing, the NdC
liquidation also opened windows of opportunity for prominent Bee-lenders seeking to
avoid the repayment of the credits received earlier. The Bee transactions by NdC had
amounted to some N$ 24 m in credits, of which NdC was able to secure some N$ 3 m
by early 2007. among the recipients were prominent wealthy black businessmen. ac-
cording to one opposition Mp during the parliamentary committee hearing discussing
the case, these would not only be able to repay the loans, but could purchase the whole
of NdC (Hofmann 2007).


The politics of class
The new rhetorical impetus by the pohamba government has so far not had much im-
pact on the social realities or even in terms of visible change of policy. on the contrary,
more revelations of self-enrichment schemes at the expense of the public purse and
individual consumers have hit the headlines. another horde of black economic em-


. Asimilartranslationofaffirmativeactionintofurtherprivilegingthenewelitecanbeseenin
thecurrentredistributionpolicymisleadinglylabelledaslandreform(necessaryandoverduebut
stillabsent)(Melber00a).






Henn ing Me lb e r


powerment groups in Namibia has since mid-2006 come under heightened scrutiny
by the newly established anti-Corruption Commission (aCC). The three-year deal in
question was about importing, as of 2005, 450,000 metric tons of fuel per year (half of
Namibias annual fuel supply) from the south african energy company sasol, for which
the Namibian state oil corporation NamCor (National petroleum Corporation of Na-
mibia) awarded a tender to a Bee outfit called Namibian liquid fuel (Nlf). This joint
venture between sasol and the Namibian black empowerment company philco Twenty
siphoned off a whopping windfall profit for the transport of the fuel, which NamCor
could have organised itself to keep fuel prices lower. as it later emerged, Nlf was only
set up in october 2004 on the initiative of sasol in response to the advertised tender,
which called for a joint venture with a local company. ownership was divided between
sasol (49% of shares) and the philco Twenty conglomerate (later renamed petronam)
of local individuals representing firms that existed on paper without any proper offices
(51% ownership). The ultimately awarded tender amounted to N$ 800 m per annum
(or N$ 2.4 bn in total) for the three-year period of the contract (which, according to un-
confirmed reports, has in the meantime been extended to five years). further financial
details were withheld for reasons of national security, since fuel supply is considered of
strategic relevance.


When information on the deal leaked, a press conference was arranged in July 2006
to counteract the negative reports. By any standards, this backfired, since the questions
by the journalists brought more dubious information to light (see Grüllenbeck 2006a
and 2006b; Grobler 2006a; and amupadhi 2006). philco Twenty ltd. had as its main
Namibian beneficiaries a former trade union leader (holding 14%), a former deputy
director of the ministry of finance and economic advisor in the office of the president
(12%), another state House employee (10%), the former secretary of state in the office
of the president and an investment broker (8% each). interestingly, a south african
citizen who had never resided in Namibia was also a member of the Namibian Bee
club (8%). Nlf refused to answer why this was the case. in all the details of the trans-
action, i.e., from the purchasing to the transport of the fuel from durban to Namibia,
the Namibian company was involved on paper only. The fuel tanker and its crew were
hired from the south african petrol company engen. during the media briefing, the
former trade unionist declared in defence of the deal that the shareholders were just
black entrepreneurs who needed the money and took advantage of a given situation
(quoted in Grobler 2006a).


The newly appointed executive secretary to the Namibian Bee company, previously
assistant to the former prime minister and special advisor to the minister of justice and
state attorney, justified the involvement of philco Twenty as a Bee-initiative in a strik-
ing manner. as he explained to the local German daily, the reason lay in established
economic knowledge. according to this view, every society requires a layer of rich en-
trepreneurs. in Namibia, these are still the old elites, who export capital or circulate
it among themselves. Wealth is in this way never redistributed. The creation of a rich
level of previously disadvantaged people consequently amounts to Bee policy. only


. Quoted from the subheading of a report entitled The Mother of all empowerment deals pub-
lished in the local monthly magazine Insight, March 2006, pp. 289. This revealed an intimate
network of higher ranking officials and their relatives as an intricate web (ibid., pp. 301)
involved in the deal.






P o v e r t y , p o l i t i c s , p o w e r a n d p r i v i l e g e


they can, through new investments, redistribute the wealth of the old elites. Namibians
should not envy them but welcome their engagement (quoted in Grüllenbeck 2006a).
in an interview with Insight magazine, the former trade union leader confirmed a simi-
lar social engagement rooted in the affirmation of the existing system, as long as black
entrepreneurs were receiving their fair share:


as entrepreneurs we have got certain needs to satisfy, our potential to develop and families to
feed. as an entrepreneur wanting to succeed i always strive to get involved in the mainstream
of the economy of the country whether its for myself, the country at large, or for some of
the broad-based beneficiaries.


another prominent Bee activist (who incidentally also performs as a popular stand-up
comedian) publicly held a similar view at around the same time. in an opinion piece, he
defended the new state-supported income-generating activities as a kind of tit for tat:


it doesnt take a genius to figure out that there are more white Namibians who continue
to benefit financially from the political stability created in this country when it comes to
amassing wealth. and i say good for them. i admire them and i am learning from them.
They make use of their connections and take advantage of well-worn loopholes in the system.
Thats what business is all about: taking advantage of financial opportunities that might
present themselves. My beef is that when black entrepreneurs do the same, they are pur-
ported to be corrupt! (Jacobs 2006)


a popular school of thought, possibly finding additional concrete evidence in the details
of the Namibian case study presented here, holds the view that it is the concentration
of economic and political power in the hands of narrow privileged groups that produces
inequalities and poverties (Miller 1996:581). The privatisation of public resources re-
sults firstly in political-administrative power as personalised power, secondly in politics
as a kind of business enterprise and thirdly in vertical clientele relationships of a neo-
patrimonial nature: in sum, the result is authoritarian and incompetent states that
rarely respond to public pressure (Wilson et al. 2001:10). But it also results, after an
incubation period, in growing dissent among the formerly supportive ordinary people,
who had assumed that life after independence might be at least a bit better in material
terms than before.


. Quoted from sasol dont Want free riders, Insight, august 2006, p. 21. a commentary on
the Nfl deal in the same issue (entitled low risk, High returns) asks if Bee in Namibia
will be defined as the art of doing little more than exploiting political links and then watching
the money coming in? and ends: unless there is a clear understanding of Bee and a set of
regulations, those with the right political links will be in pole position to receive government
guaranteed loans, state-linked business contracts and individual jobs, thus swelling the bellies of
a small group of the ruling elite. (ibid., pp. 22 and 23).


. By the way, after almost a year of investigation the aCC came to the conclusion in July 2007 that
there was no case of corruption involved. as if to add insult to injury, the findings of the aCC
report were first announced to the public by Nlf (The Namibian, 20 July 2007). for the neces-
sary critical analyses of this whitewash, see the various background articles in Insight, august
2007. a summary report on this, the biggest black empowerment deal in Namibia to date, can be
found in the same issue and is entitled Namibias own oiligarchs. it concludes that the whole
deal looks like little more than a way of enriching the lucky few who own no assets, possess no
expertise and add no value. Namibias own oligarchs. (p. 15) The fact that several among the
lucky few continue to hold full-time higher positions in the public service was not considered by
the aCC to be a conflict of interest.






Henn ing Me lb e r


The ongoing exclusion of the impoverished and marginalised from the benefits of
the countrys wealth and resources, however, is no longer only the result of the struc-
tural legacy of apartheid, as is so conveniently claimed by the new postcolonial elite. To
that extent the official position, which continues to put the blame squarely on settler
colonialism alone, is misleading and shying away from the real issues at stake. in her
weekly column, the editor of the autonomous local english daily The Namibian, sum-
marised the current challenges by pointing out that


the term previously disadvantaged & is being misused to the advantage of those who al-
ready have more than enough & Wed do better to concentrate on efforts on the presently
disadvantaged because only then will we make a real difference in our very economically
divided society. (lister 2005)


The current rent-seeking strategy of a minority among the erstwhile colonised majority,
cashing in on its politically consolidated base by abusing its control over state assets and
deciding upon their allocation, has recently been challenged even in the state-owned
daily newspaper:


There is simply no reason, for example, why the fishing sector cannot be revamped and reor-
ganized to benefit society at large instead of the small clique that have access to the fishing
quotas year in year out. The absence of a progressive policy in this regard cannot be blamed
on the policy of national reconciliation, nor the liberal constitution, nor on nation build-
ing, or on the nature of transition to independence etc. it is simply a question of a country,
perhaps unconsciously, following the wrong policies. (kaure 2005)


put slightly differently: the visible results of the states policy direction on the Namibian
postcolonial reality so far do not indicate a serious political will to serve the poor. its not
about redistribution of relative wealth, or tackling chronic poverty by means of social
protection, its all about self-enrichment, capitalism and class. in other words, its busi-
ness as usual. as the assessment of the trade union-affiliated local think tank warned:


affirmative action does not necessarily eradicate socioeconomic inequalities. instead, in-
equalities may merely be shifted from the basis of race, ethnicity or gender to the basis of
class. affirmative action may promote the redistribution of opportunities in favour of previ-
ously disadvantaged groups, but its not the principal mechanism to redistribute wealth or to
overcome poverty. (larri 2005:11)


But even if one accepts the notion of a capitalist class project as the necessary point of
departure, Namibias postcolonial development has not yet produced any meaningful
patriotic bourgeoisie (if something like that still exists in these neoliberal times of
global capitalism). What has been emerging instead, is at best a crypto-capitalist, petty-
minded self-enriching new black elite, which expends its energy on exploiting the public
purse. as a critical political commentator concluded in one of his many opinion articles,
what we have done so far is to create a truly parasitic class that depends on public re-
sources to lead an un-earned lifestyle (kaure 2006).


in the absence of a meaningful, profit-generating industrial sector, in which capi-
tal would be accumulated through a combination of value-adding manufacturing and
the profit margins created by the wage labour producing such commodities, surplus
generation has relied on the privatisation of natural resources (mainly in fishing, min-






P o v e r t y , p o l i t i c s , p o w e r a n d p r i v i l e g e


ing, agriculture and tourism) or benefits generated by access to privileges in the public
sector and the state-owned enterprises (in particular public utilities such as water and
electricity, but also telecommunications and transport). public procurement and other
outsourcing activities by those in control of state agencies turn affirmative action and
black economic empowerment into a self-rewarding scheme based on struggle cred-
ibility and credits among the activists of the erstwhile liberation movement. Through
such practices, the skewed class character of Namibias society has hardly changed since
independence. Cooption into the ruling segments of an existing socioeconomic system
is very different from social transformation. Both aa and Bee in their current form
continue to cultivate human and natural exploitation for the benefit of a few at the ex-
pense of far too many. as the veteran opposition politician Hitjevi (Gerson) Veii, former
president of the first Namibian liberation movement sWaNu and political prisoner on
robben island, categorically stated during a fund-raising event for his party:


While the intention of affirmative action and Black economic empowerment was to reduce
the imbalances created by apartheid colonialism, these concepts are being hijacked by ruling
elites to destroy our much anticipated class struggle. (Quoted in Matundu-Tjiparuru 2006)


The losers of such non-transformation of the inherited economic, political and ideologi-
cal foundations of society are all marginalised Namibians. The response by the post-
colonial state to the demands of the ex-combatants for integration is a case in point. a
recent case study concluded on a note that also applies to government-supported elitist
self-enrichment schemes for a privileged few who benefit by occupying the political
commanding heights of the formally sovereign Namibian state:


The paradox could be precisely that while the reach of the state is extended and deepened,
this does not happen equally. The state is there more for some than for others and its lan-
guages have more resonance for some than for others. furthermore, this process is condition-
al on the localisation and vernacular forms of state intervention. This leads to two questions.
first, could the very way in which state power is extended and deepened perhaps contain the
seeds of its destabilisation? and second, will the state-citizen relations thus formed outlive
the particular persons who have forged those relations? (Metsola/Melber 2007:105)


The bio-political techniques, which are instrumental in such containment policy, ulti-
mately face the challenge that the eradication of poverty would mean the elimination of
the poor in the sense of their visible presence in the dominant society. such a pseudo-
solution would in the last round of the battle, which cannot be won by those holding
on to power and privilege, culminate in Zimbabwes operation Murambatsvina. The
shona word translates as sweep out the dirt or clean out the rubbish and entailed in
practical terms the brutal removal by the states police and army of the urban poor from
the streets and dumping them in the urban outskirts and rural hinterlands. The inno-
cent victims were guilty of being poor and those people made homeless were estimated
to amount to one million. They had been targeted since 2005 by the central government
and its security organs because of the informal trade and housing schemes they had
established as a means of survival in the face of their suffering under a policy that had
failed since independence. as the Zimbabwean artist Hosiah Chipanga put it in one
of his popular songs: Vatadza kupedza urombo, zvino vavakuda kupedza isu varombo






Henn ing Me lb e r


(They have failed to eliminate poverty, now they want to eradicate the poor) but
only to realise, that sooner or later, this does not work.


references


adam, kanya (2000), The Colour of Business: Managing Diversity in South Africa. Basel:
schlettwein


adam, Heribert, frederik van Zyl slabbert and kogila Moodley (1997), Comrades in
Business
. Cape Town: Tafelberg


adei, stephen (1996), Launching of Namibia Human Development Report 1996. address by
resident representative uNdp Namibia, 17 July


amupadhi, Tangeni (2006), Namibia to investigate sasol role, Mail & Guardian,
Johannesburg, 30 June to 6 July


Central statistics office (1996), Living Conditions in Namibia. Basic Description with
Highlights. The 1993/1994 Namibia Household Income and Expenditure Survey. Main
Report
. Windhoek: republic of Namibia/National planning Commission


Chakraborty, shankha and era dabla-Norris (2005), Rent Seeking. Washington dC:
international Monetary fund (iMf Working paper 05/43)


de Waal, Johan, Herbert Jauch, Henning Melber and John steytler (2002), a social
assessment of Namibias economic achievements since independence a round-
table debate, in V. Winterfeldt, T. fox and p. Mufune (eds), Namibia Society
Sociology
. Windhoek: university of Namibia press, pp. 325


dentlinger, lindsay (2005), Namibia remains the Most unequal Country in World, The
Namibian, Windhoek, 15 september


(2006), Jobless rate officially 36.7%, The Namibian, 14 June
frayne, Bruce (2005), rural productivity and urban survival in Namibia: eating away


from Home, Journal of Contemporary African Studies, Vol. 23, No. 1, pp. 5176
Gemmell, Norman and oliver Morrissey (2005), distribution and poverty impacts of Tax


structure reform in developing Countires: How little We know, Development
Policy Review
, Vol. 23, No. 2, pp. 13144


Grobler, John (2005a), Bad investments Cost Gipf N$ 650 m, The Namibian, 29 august
(2005b), rotten apples could foment Class War: pM, The Namibian, 7 september
(2006a), Bee fuel deal still Murky, The Namibian, 13 July
(2006b), N$ 83 000 a Month Modest says ex-agribank Ceo as labour Case Wraps


up, The Namibian, 16 october
Grüllenbeck, stefan (2006a), Bee auf dem Weg zur farce, Allgemeine Zeitung, 13 July
(2006b), lesen sie das bloss nicht! Allgemeine Zeitung, 14 July
Halbach, axel J. (2000), Namibia Wirtschaft, Politik, Gesellschaft nach zehn Jahren


Unabhängigkeit. Windhoek: Namibia Wissenschaftliche Gesellschaft
Hansohm, dirk and Cathy presland (1998), poverty, inequality and policy in Namibia.


The state of knowledge and the Way ahead in poverty research, in In Search of
Research. Approaches to Socioeconomic Issues in Contemporary Namibia. Windhoek:
Namibian economic policy research unit


. i owe this quote to my former colleague amin kamete.






P o v e r t y , p o l i t i c s , p o w e r a n d p r i v i l e g e


, klaus schade and Maano Nepembe (2002), Taxation, expenditure and accountability:
lessons from Namibia, IDS Bulletin, Vol . 33, No. 3, pp. 5866


, klaus schade and arne Wiig (2001), Trade policy, poverty and inequality in Namibia,
in f. Wilson, Nazneen kanji and einar Braathen (eds), Poverty Reduction. What Role
for the State in Todays Globalised Economy?
london/New York: Zed, pp.16495


Hartman, adam (2007), N$ 2,8 m Handshake for Walvis Ceo, The Namibian, 19 July
Hastings, Thomas (1999), The Role of Remittances in the Namibian Economy. Windhoek:


Namibian economic policy research unit (Nepru occasional paper 15)
Hofmann, eberhard (2006), odC-loch wird immer grösser, Allgemeine Zeitung, 5 July
(2007), Volksvermögen zerrinnt, Allgemeine Zeitung, 13 april
international Monetary fund (2005), Namibia. Staff Report for the 2004 Article IV


Consultation. January 27 (released as iMf Country report 05/97)
(2006), Statement by IMF Staff at the Conclusion of the 2006 Article IV Consultation


Discussions to Namibia. press release No. 06/252, November 14
Jacobs, lazarus (2006), To Bee or Not To Bee? The Namibian, 4 august
kakololo, emma (2005), Nangof Calls for More action on poverty, New Era, Windhoek,


15 september
katswara, Tonderai (2005), Wide salary Gap between Workers, The Namibian, 12 april
(2006), Namibias drop in economic rankings Cause for Concern, The Namibian, 2


october
kaure, alexactus (2005), determinism or Human agency Which Way Namibia? New


Era, Windhoek, 15 July
(2006), living in a parasites paradise, The Namibian, 7 July
kraft, kirsten (2007), die katitit klausel, Allgemeine Zeitung, 20 July
larri (2005), Namibias Affirmative Action in Employment. An Assessment 20002004.


Windhoek: labour resource and research institute (larri)
lister, Gwen (2005), political perspective, The Namibian, Windhoek, 24 June
Maletsky, Christof (2005), Top Govt Bean Counter spills some Beans on Corruption, The


Namibian, Windhoek, 12 May
(2006), Cabinet ppproves amendments to Bee policy, The Namibian, Windhoek, 27


June
Marope, Mmantsetsa Toka (2005), Namibia Human Capital and Knowledge Development for


Economic Growth with Equity. Washington dC: World Bank (africa region Human
development, Working paper series 84)


Matundu-Tjiparuro, kae (2006), reflections of Veteran politician, New Era, 7 august
Mbai, Julia and robin sherbourne (2004), Have Priorities Changed? Budget Trends Since


Independence. Windhoek: institute for public policy research (ippr Briefing paper
32)


Melber, Henning (ed.), (2000), Namibia: A Decade of Independence 19902000. Windhoek:
Namibian economic policy research unit


(2002), Namibia 19902000. Eine analytische Chronologie. Windhoek: Namibia
Wissenschaftliche Gesellschaft


(ed.), (2003a), Re-examining Liberation in Namibia. Political Culture since Independence.
uppsala: Nordic africa institute


(2003b), of Big fish and small fry: rent-seeking Capitalism Made in Namibia The
Case of the fishing industry, Review of African Political Economy, No. 95, pp.
14249






Henn ing Me lb e r


(2005a), land & politics in Namibia, Review of African Political Economy, No. 103, pp.
13542


(2005b), people, party, politics and parliament: Government and Governance in
Namibia, in Mohamed salih (ed.), African Parliaments Between Governance and
Government
. Basingstoke/New York: palgrave Macmillan, pp. 14261


(2005c), Namibias post-colonial socioeconomic (non- ) Transformation: Business as
usual? Nord Süd aktuell, Vol. 19, Nos. 3&4, pp. 30621


(2006), Breeding Fat Cats. Affirmative Action, Black Economic Empowerment, and
Namibias Post-Colonial Elite Formation. Copenhagen: danish institute for
international studies (diis Working paper No. 2006/29)


(2007), sWapo is the Nation, and the Nation is sWapo.’Government and
opposition in a dominant party state. The Case of Namibia, in katarina
Hulterström, amin kamete and Henning Melber, Political Opposition in African
Countries. The Cases of Kenya, Namibia, Zambia and Zimbabwe. uppsala: Nordic
africa institute (Nai discussion paper 37), pp. 6183


Metsola, lalli and Henning Melber (2007), Namibias pariah Heroes. sWapo ex-
Combatants Between liberation Gospel and security interests, in lars Buur, steffen
Jensen and finn stepputat (eds), The Security-Development Nexus. Expressions of
Sovereignty and Securization in Southern Africa. uppsala: Nordic africa institute and
Cape Town: HsrC press, pp. 85105


Miller, s.M. (1996), The Great Chain of poverty explanations, in else oyen, s.M. Miller
and syed abdus samad (eds), Poverty: A Global Review. Handbook on International
Poverty Research
. oslo/stockholm/Copenhagen/Boston: scandinavian university
press, pp. 56986


Ministry of labour/republic of Namibia (2002), The Namibia Labour Force Survey 2000:
Final Report of Analysis. Windhoek: republic of Namibia/Ministry of labour


Namibia institute for democracy (2005), Actual Instances of Corruption as Reported in the
Namibian Print Media 19902004
. Windhoek: Namibia institute for democracy


National planning Commission (1995), First National Development Plan 1995/1996
1999/2000
. 2 volumes. Windhoek: Government of the republic of Namibia


(1999), Policy Guidelines and Framework for the Second National Development Plan (NDP
II)
. Windhoek, 23 august


(undated/2002), Second National Development Plan (NDP2) 2001/20022005/2006; 4
volumes. Windhoek: National planning Commission


Nel, philip (2005), democratization and the dynamics of income distribution in low-
and Middle-income Countries, Politikon, Vol. 32, Mo. 1, pp. 1743


Nepru (1999), Can Namibia do Better? Policies to Improve Economic Performance. Reducing
Poverty andIinequality. Windhoek: Namibian economic policy research unit (The
Namibian economy a Nepru Viewpoint, 22)


Nujoma, sam (2003), interview, Namibia special report, New African, No. 423, pp.
iVXV


office of the president (2004), Namibia Vision 2030. Policy Framework for Long-term
National Development (Main Document). Windhoek: office of the president


philander, frederick (2006), eus Concerns, New Era, 30 June
rakner, lise (2001), The politics of revenue Mobilisation: explaining Continuity in


Namibian Tax policies, Forum for Development Studies, Vol. 28, No. 1, pp. 12545
republic of Namibia (undated), Poverty Reduction Strategy for Namibia. Windhoek:


National planning Commission (Cabinet decision 34th/01.12.98/002)






P o v e r t y , p o l i t i c s , p o w e r a n d p r i v i l e g e


(2002), National Poverty Reduction Action Programme 20012005. Windhoek: National
planning Commission


(2004), Namibia Vision 2030. Policy Framework for Long-Term National Development
(Summary). Windhoek: office of the president


schade, klaus (2000), poverty, in Henning Melber (ed.), Namibia: A Decade of
Independence 19902000
. Windhoek: Namibian economic policy research unit,
pp. 11124


(2004), armut nachhaltig bekämpfen, afrika süd, No. 6, pp. 2327
schmid, sabine (2002), Affirmative Action as a Tool for Transformation. The Cases of South


Africa and Namibia. saarbrücken: Verlag für entwicklungspolitik (Bochumer
schriften zur entwicklungsforschung und entwicklungspolitik; 50)


shigwedha, absalom (2005), Greed monster is Consuming the Nation, The Namibian,
Windhoek, 7 september


shivute, oswald (2005), Greed is the New Colonialism Warns president, The Namibian,
6 May


sibeene, petronella (2006), Jealousy Breeds Bee failure, New Era, 1 June
sida/embassy of sweden, Namibia (2004), Sida Country Report 2003 Namibia. stockholm:


sida/department for africa
sutherland, Jean (1996), one Namibia, Two Nations uNdp report, The Namibian,


Windhoek, 17 July
Tjaronda, Wezi (2006), affirmative action act reaps the opposite, New Era, Windhoek,


28 June
Tvedten, inge (2004), a Town is Just a Town: poverty and social relations of Migration


in Namibia, Canadian Journal of African Studies, Vol. 38, No. 2, pp. 393423
uNdp (1996), Namibia Human Development Report 1996. Windhoek: uNdp Namibia
Weidlich, Brigitte (2007), let the rich drive fast: Nambinga, The Namibian, 12 March
Wilson, francis, Nazneen kanji and einar Braathen (2001), introduction: poverty, power


and the state, in f. Wilson, N. kanji and e. Braathen (eds), Poverty Reduction. What
Role for the State in Todays Globalised Economy?
london/New York: Zed, pp. 114


Winterfeldt, Volker (2002), labour Migration in Namibia Gender aspects, in V.
Winterfeldt, T. fox and p. Mufune (eds), Namibia Society Sociology. Windhoek:
university of Namibia press, pp. 3974




out of order?
The margins of Namibian ex-combatant reintegration1


Lalli Metsola


a new ministry of veterans affairs was created in october 2006, following pressure
from a group calling itself the National Committee on the Welfare of ex-combatants.
Their demonstrations and the ensuing government response were just the latest stage in
an informal negotiation that has continued since Namibias transition to independence
in 1989. The main players in this negotiation have been former fighters of sWapos
armed wing plaN and other former exiles on one hand, and leading members of the
ruling swapo party in government on the other. Consequently, the former have been the
main beneficiaries of various reintegration programmes, such as the development Bri-
gade Corporation (dBC) in the 1990s and the peace project job creation scheme since
1998. other groups of potential reintegrees have occupied a more marginal position in
reintegration, with different degrees of inclusion and exclusion. They include former
Namibian troops who fought on the south african side as part of south West africa
Territorial force (sWaTf) and the koevoet paramilitary police unit engaged in the
bush war in the northern owambo regions; formerly exiled youths; and ex-combatants
eligible for reintegration benefits but who have decided to avoid them. additionally,
while formerly exiled women have become mainstream reintegration beneficiaries over
the past ten years, their relationship to reintegration initiatives has been more ambigu-
ous than for their male comrades.


. This chapter draws on fieldwork conducted in 2002 and 2003 in Windhoek and the north-
central regions of Namibia. its primary material consists of ethnographic observation and life
historical and thematic interviews. interviews were conducted with 98 ex-combatants and former
exiles, 43 state and ruling party officials and civil society representatives, and a few others. of
the ex-combatants, 81 were former exiles and 17 were former sWaTf and koevoet fighters. of
the former exiles, 49 were men and 32 were women. Twenty-eight belonged to the youth, accord-
ing to the official definition of having been born in 1974 or later, and 53 were older. ex-sWaTf
and koevoet fighters were all men, as no women were recruited into these forces. My sincere
gratitude goes to all the informants who shared their experiences and insights and to my research
assistants Gideon Matti and likius Ndjuluwa. i also wish to thank the department of sociology
of the university of Namibia, to which i was affiliated during fieldwork, and the academy of
finland and the kone foundation for funding.


. The events related to this latest series of ex-combatant demands and demonstrations have been
reported in a number of articles in the local media between June 2006 and July 2007. see espe-
cially, ex-combatants Body Makes fresh demands, The Namibian, 21 June 2006; War Vets on
Warpath, The Namibian, 25 July 2006; War Vets Get own Ministry, The Namibian, 5 october
2006; New Ministry for War Veterans, New Era, 5 october 2006.


0






O u t o f o r d e r ?


i have dealt with the general dynamics of reintegration and the specific case of its
core target group of former exiles elsewhere (Metsola 2006; Metsola and Melber 2007;
Metsola 2007; Metsola 2005). This chapter will concentrate on the making and cross-
ing of boundaries associated with the other groups mentioned above. it aims to describe
the classifications that have defined these groups in reintegration, particularly during
the peace project job creation scheme from 1998 onwards, and their negotiation of en-
titlements and identities with state and party actors. it further seeks to identify possible
reasons these groups differing relations to reintegration. finally, this chapter broadly
aims at examining the implications of these relations for the particular characteristics of
the state and citizenship in Namibia.


By addressing these concerns, it contributes to discussions on statehood as contested
and constantly negotiated in the everyday encounters of state agencies and functionar-
ies with the citizenry or population (steinmetz 1999; Trouillot 2001; Corbridge et al.
2005). it has been argued that drawing lines of inclusion and exclusion and marginal-
ising certain population segments is a fundamental act of sovereign power (agamben
2005 and 1998; Hansen and stepputat 2005). on the other hand, marginal people,
spaces and practices can interrupt the order of the state as imagined from the political
centre (das and poole 2004). They come to be seen as problematic or out of place,
or, vice versa, things defined as problematic are rendered marginal. The project of the
state then becomes a continuous string of responses and adjustments to such problems
or anomalies. This interplay between attempts at control and order by the state and the
actions and reactions of problematic groups can highlight the ways in which statehood
and citizenship are negotiated as historically particular and socially grounded phenom-
ena. The ex-combatants as a whole used to be seen as this kind of problematic group.
The former exiles have, by and large, made a transition from social problem to frontline
functionaries of the state through public sector employment, but at the same time the
particular manner of their inclusion has highlighted other significant distinctions and
created forms of further marginalisation. These constitute the subject matter of this
chapter.


This chapter does not aim to provide a full comparative picture or complete ethnog-
raphies of the groups discussed here, but rather to highlight significant aspects of their
relationship to reintegration and the associated effects of marginalisation, inclusion
and exclusion. This also means that the focus is only on people who could reasonably
be expected to be targeted by reintegration schemes or to seek benefits through such
schemes. The elite and educated middle-class former exiles are not discussed. other
groups have also fallen outside the purview of this chapter, most significantly former ex-
iled women. While significant numbers of them have been employed during the peace
project, their experience of reintegration has been distinct from mens experiences in
many ways. space restrictions also preclude consideration of former sWapo detain-


. for other general accounts on the ex-combatants and their reintegration, see preston et al. 1993;
preston 1997 and 1994; Colletta et al. 1996; leBeau 2005; McMullin 2005; Gleichmann 1994;
Tapscott 1994; Tapscott and Mulongeni 1990; fikeni 1992.


. as long as the concept of ex-combatant was primarily taken to mean those who had actually
been in combat, reintegration favoured men over women. This situation arose from the exile
division of labour that placed mainly men as combatants and women mainly in supportive and
reproductive roles (soiri 1996:7677; preston 1997:458; Metsola 2001: 7881). Hence, for in-






La l l i Me t s o l a


ees, disabled ex-combatants as well as those with incapacitating traumas, and the san
who served with the sWaTf.


Makakunya the ex-sWaTf and koevoet between
reconciliation and patriotism


Freedom fighters are not mercenaries and this clearly distinguished Swapo Plan ex-combatants
from the South West Africa Territorial Force and Koevoet.


The Swapo Party Government has a responsibility to promote the welfare of all Namibians, ir-
respective of colour, race, ethnic origin and political affiliation.5


The reintegration of ex-combatants was mainly justified by framing them as a threat
to the security of the state and society. This securitisation led to the employment of
thousands of ex-plaN fighters and former exiles in the government sector, especially
in the uniformed services. However, reintegration has not proceeded similarly for their
former opponents, the members of sWaTf and koevoet. Theirs is a history of a com-
plicated relationship with reintegration.


in the immediate post-independence period, when the new integrated security forc-
es were formed, the Namibian defence force (Ndf) and police recruited from both
previously opposed forces. However, over time, former sWapo cadres have come to
dominate Ndf ranks, while major new drives to recruit ex-combatants into the police,
especially the special field force (sff), have almost exclusively drawn on former exiles.
additionally, both forces take in younger recruits who are not ex-combatants. simi-
larly, although the development Brigade Corporation, a 1990s training programme
for ex-combatants, was initially meant for fighters from both sides, its membership was
eventually almost exclusively drawn from the former ranks of plaN. (preston 1997;
Colletta et al. 1996: 136, 149, 159; lamb 2007:167169; McMullin 2005.) When the
peace project commenced, it initially targeted former exiles only. ex-sWaTf and ko-
evoet were included from 1999 onwards, after they, clearly inspired by the successful


stance, women were not taken into the army and police to the same degree as men. The different
history of men and women in exile is still reflected in patterns of employment: more men than
women have been employed in the uniformed services, and more women in other duties than
men. furthermore, the imagery of ex-combatants in national remembrance as liberation heroes
remains predominantly masculine.


. excerpts from a speech by the swapo party president and former president of the republic sam
Nujoma, reproduced as Nujoma lashes out at divisive forces in Die Republikein, 26 July
2006.


. according to Major-General shalli, in 2002, approximately 40% of Ndf personnel were ex-
combatants, of whom approximately one in four were former sWaTf fighters (interview with
author, 7 November 2002). according to Colletta et al. (1996: 149), approximately 80% of Ndf
personnel were former sWapo combatants by 1995.


. in an exceptionally straightforward admission of considering the political benefits of the pro-
posed programme to swapo and mixing public good with that of the ruling party, the first
report of the Technical Committee on ex-Combatants notes that because of correct political
understanding, most of the genuine ex plaN combatants did not participate in any demonstra-
tion. They continued to hope that one day, sWapo shall remember them & The arrival of the






O u t o f o r d e r ?


demands of plaN ex-combatants and other former exiles, applied similar pressure to
the government.


However, the number of registered ex-sWaTf and koevoet fighters was much lower
than for former exiles, and far fewer of those registered have been employed than in the
case of registered former exiles. indeed, the overall level of formal employment among
former sWaTf/koevoet is considerably lower than among former exiles. according to
leBeau (2005:7273), 69.2% of former sWapo combatants are formally employed,
compared to 45.6% of former sWaTf/koevoet. Most formally employed sWapo
combatants have a government job, whereas former sWaTf/koevoet are mainly em-
ployed by private security companies. furthermore, the ex-sWaTf and koevoet have
been excluded from the war veterans pension (republic of Namibia 1999).0


What accounts for these differences? first, while the securitising discourse on the
threat posed by ex-combatants concerned sWapo fighters and former sWaTf and
koevoet alike, the latter were perhaps not quite as worrying to the political elite as the
former. The demonstrations staged by plaN combatants and other former exiles in
the 1990s were large-scale and enjoyed considerable popular support. furthermore, as
former exiles are a key swapo constituency, there was clearly a need to try to maintain
their loyalty. related to this, there has probably been a concern to neutralise the pos-
sibility of their disclosing contentious remembrances of events in exile. Third, former
exiles did not merely demonstrate vis-à-vis abstract state structures, but contrasted their
lot with that of their now extremely well-off erstwhile comrades, demanding that the
latter keep the promises of better life they had made before independence. The demon-
strators sometimes backed these demands by direct threats to power holders.


However, such strategic political considerations and binding ties of loyalty and re-
ward between formerly exiled members of the liberation movement are anchored in a
version of Namibias political history that was crafted by sWapo and its allies well


Committee had a pacifying effect on the former combatants and will pay divide[n]d during the
forthcoming regional elections. (republic of Namibia 1998:13).


. ex-sWaTf to March on state House, The Namibian, 2 June 1995; Centre Besieged by ex-
fighters, The Namibian, 26 January 1999; ex-soldiers stick to their Guns, The Namibian,
27 January 1999; action on ex-soldiers, The Namibian, 28 January 1999; ex-soldiers Head
Home, The Namibian, 29 January 1999.


. By November 2000,13,992 former exiles had been registered, compared to 2,420 former sWaTf
and koevoet fighters. in November 1999, 7,881 (65.9%) of the then registered 11,956 able-bod-
ied former exiles had been employed, compared to 679 (34.3%) of the then registered 1,980
former sWaTf and koevoet members (republic of Namibia n.d.:3, 9). The number of sWaTf
and koevoet fighters demobilised in 1989 was 25,000 (Colletta et al. 1996:131).


0. This line was duly contested by the opposition. for example, dTa Mp phillemon Moongo ar-
gued on 4 March 1999: The plight of all former fighters who are still unemployed & is not a
joke. But i cannot buy the political nonsense that ex-plaN members are the only war veterans. a
war veteran to me means a person who has grown old or has long experience of military service.
debates of the National assembly 32/1999.


. for more on this aspect, see Metsola 2007.
. for instance, there were incidents where demonstrating ex-combatants took or tried to take gov-


ernment ministers or regional councillors hostage. see Facts and Reports 25(u), 27 october 1995,
p. 8; Hostage drama rocks oshakati, the Namibian 9 July 1997; Hamutenya hassled, faces
wrath of ex-combatants, The Namibian, 8 May 1998. for recent demands, see War vets threaten
land grab, New Era 7 June 2007.






La l l i Me t s o l a


before independence. This narrative serves as the founding myth of the nation and is a
cornerstone of the legitimacy of the ruling party. it portrays a fundamental antagonism
between colonial rule and liberation, between patriotic Namibians who struggled for
independence and the puppets and collaborators of the apartheid regime. significantly,
this narrative is not restricted to accounts of the past. it is regularly reproduced in politi-
cal leaders statements on current issues, depicting contemporary social forces as either
truly patriotic or the enemy (e.g., secessionists, imperialists, foreign cultural influences,
criminals, independent media, human rights activists or the political opposition).


This narrative counterposes sWapos ex-combatants and the former sWaTf and
koevoet. as, for example, the official commemoration of the liberation struggle at the
Heroes acre attests, recent history is often portrayed in pronouncedly militarist tones,
with sWapo fighters occupying a central role in this portrayal as heroes prepared to
sacrifice life and limb for the nations freedom. sWaTf and koevoet fighters, by con-
trast, cannot be seen as anything but traitors or mercenaries, as Nujomas speech put
it, as they fought on the wrong side despite being Namibians. They are an anomaly in
the strictly dualist liberation narrative between colonial oppression and a unified nation
rising against that oppression.


What this picture omits, or rather forces into the binary imagery of us and them,
is the myriad power relations and contradictions within sWapo as well as in the pre-
independence state. during the war, which lasted for decades, very real divisions opened
up along multiple fault lines within Namibian society, between north and south town
and country, educated and uneducated (especially within the liberation movement),
and last, but not least, along ethnic lines (leys and saul 1995a and 1995b; Brown 1995;
Tapscott 1995). sWapos membership and support was mainly, though not exclusively,
drawn from people of owambo background. in owamboland, a culture of resistance
to colonial power developed from the 1960s and sWapo became virtually the only
visible and accepted political movement. The struggle became a pervasive condition
of local social relations (soggot 1986; Cliffe et al. 1994). Yet even owamboland did
not simply stand unified against south african rule. The members of the homeland
authorities and local military and paramilitary units, as well as a considerable number of
their family members, stood to gain directly from the occupation. The 101 Battalion of
the sWaTf was an owambo battalion. likewise, koevoet was composed of owambos,
many of whom were captured and turned plaN combatants. additionally, the war
situation could be used to settle parochial scores, for instance by accusing people of
collaboration.


in the south, people had more contact with the everyday relations and practices of
the colonial administration and its representatives, but repression was not as severe as in
the north. also, sWapo was not nearly as dominant in politics as in the north. in the
early 1980s, compulsory conscription into sWaTf was introduced in the south. The
army recruited from various ethnic groups, which served to give an ethnic edge to the
war. No doubt, the south africans intended these processes as part of divide and rule,
but over time they led to enduring and self-sustaining divisions along ethnic lines.
Groups other than the owambo pursued their own agendas that were not simply pro-


. see e.g., Gewald 2004 for a detailed microhistory of spontaneous conflict breaking out along
such lines.






O u t o f o r d e r ?


colonial but were attempts to find an alternative political space between colonial power
and potential sWapo rule. There was fear justified or not of owambo dominance
if sWapo came to power.


The former sWaTf and koevoet fighters i met were torn between feeling that such
complicated history explains and justifies their military involvement and a pressure to
rewrite that history in accordance with the dominant version in order to be accepted as
full citizens. They tended to recount that they have been discriminated against in job
provision by the government, both during ex-combatant registrations and thereafter.
some had registered as former fighters but had not been called up; some had been
recruited into the uniformed services but had faced discrimination and resigned. Most
told of having been unemployed most of the time since independence. indeed, it is easy
to imagine the sense of long common history and being on the same side present in the
interaction between former exiles and state and party functionaries during registrations.
some former sWaTf and koevoet told of the informal ways by which they were made
to feel out of place and inferior, such as making them queue without being attended
while former exiles were taken in, or being addressed in a hostile and derogatory manner
by officials. Many also complained of their exclusion from the veterans pension scheme.
To be sure, these problems represented actual instances of discrimination, but they also
arose out of a fear among former sWaTf and koevoet that coming out into the open
could lead to negative consequences. some said they would not register because they
distrusted the intentions of swapo government. some of the officials i spoke to referred
to this problem when i enquired about the low number of registered sWaTf and ko-
evoet fighters.


on occasions when i observed people from the previously opposed forces meet,
there was no visible hostility. However, they tended to favour the company of their
own. There were also indications of remaining tensions bubbling under the surface.
as simeon, a friend who had not himself participated in the war on either side, ex-
plained:


[When] we are talking about ex-combatants, basically we are talking [about] people who
have been fighting each other & These wounds [have] not healed in their hearts & They
have been silenced by & national reconciliation & They are still thinking of revenge ...
[When] we are sitting for instance with isack& or my brother even & you hear that &
these people must & be thankful to the government. if that national reconciliation was not
there you should have seen. isack for instance & lost his eye & one of his legs is crippled,
you heard what Mandume said, this & mark here is the bullet from first april. When he
went into exile he [did] not have such a mark. The spirit & of revenge will be there & but
there is no other alternative [than] just forget.


. a letter from the Committee of ex Combatants in Caprivi region, a group of ex-sWaTf fight-
ers, to the prime minister, dated 16 october 1999, complains that while all ex-plaN combatants
have been employed by the government, they have not because they are ex-sWaTf, even though
they have registered many times. if you dont want us to work in your army or police you can
give us even the civilian jobs & because this your army of Namibia is not a national army & but
only for the ex-plaN.


. His name and the names of the ex-combatants who appear in this chapter have been changed.
. a former plaN combatant.
. another former plaN combatant.






La l l i Me t s o l a


on one occasion, i was interviewing a police reservist in the company of a few sff
members, all former exiles. inspired by the reminiscences of life in exile, they started
to sing liberation songs. a colleague of theirs, a former koevoet, quietly left the scene.
later when i was discussing the issue of sWaTf/koevoet members with pine, one of
the sff members, he explained that they prefer to avoid public exposure of their past:
if someone knows that his mother is a witch, he wont talk about it. on another oc-
casion, i happened to sit with laurence, a former sWaTf 101 Battalion soldier when
three former plaN combatants entered the house. We entered into a long discussion,
with the three ex-combatants vividly recalling their war-time exploits. laurence hardly
said a word, clearly wanting to avoid in any way his own involvement in the war.


overall, it was clear that many former sWaTf/koevoet were not keen to have pub-
lic exposure of this aspect of their past. This is obviously known to their families and
others close to them, but they do not make it generally known. There are stories of real
reconciliation within families and communities, and it also exists as part of the rhetoric
of national unity that proscribes open hostilities, but this goes only so far. The antago-
nism that separates patriots from collaborators and traitors is constantly reiterated in
the public imagination, reproducing the pariah status of former sWaTf and koevoet
in public discourse. There are differences between communities in this regard: it is
clearly different to be a former sWaTf/koevoet for example in the damara location
of katutura than in owamboland. in the former, this was a quite common and well-
known aspect of community history, whereas in the latter it was taken as much more
exceptional and abnormal (cf., Colletta et al. 1996:188192).


against this background, it is hardly surprising that the former sWaTf/koevoet
did not usually portray themselves as military heroes or even draw attention to that part
of their history. They tended to explain military service as something forced on them,
either directly by being drafted or out of economic necessity. They longed for recogni-
tion and acceptance, and many would have appreciated government employment. We
even voted for them [swapo] in the first elections, commented Jacob and his damara
friends in katutura of their optimistic expectations and readiness to be part of the new
nation at the time of independence. However, they were now deeply sceptical that they
would be incorporated, on account of political considerations. opposed to the domi-
nant view that depicted them as pariahs and to the heroic self-portrayal of most former
exiles, they presented themselves as victims. first the colonial power had dragged them
into the army and prevented them from advancing in education or work, and then the
swapo government had refused to look into their situation while adding insult to injury
by labelling them traitors and collaborators.


This dual marginalisation is evident in the case of andreas. an oshiwambo-speak-
ing townsman from south of the red line, he received his conscription papers in
1980, soon after finishing his schooling. He managed to evade the service until 1982
when he was forcibly fetched. He soon deserted but was caught, jailed and later sent to
the 101 Battalion. He was wounded in 1985 and resigned in 1986. after a few years
of job hunting and stints of casual work, he applied to the new national army in 1990
and was accepted. He served at Grootfontein, but soon ran into problems with his for-


. The red line is a veterinary cordon that used to serve as the border between the police zone of
white residential and farming areas and the northern reserves or homelands.






O u t o f o r d e r ?


merly exiled superior. after further intimidation and the accident that befell a former
sWaTf colleague, he resigned in 1992.


Non-owambo former sWaTf members easily see their discrimination as not just
politically but also ethnically based. for example, frederick, a former sWaTf mem-
ber living in the katutura damara location, explained that the owambos, particularly
former exiles, only seemed to favour each other, and that this could be seen in reinte-
gration too.


some refused to bow and took an angry stance towards the current government,
which they saw as deeply partial, sometimes saying that they wouldnt even accept a
job from government. for example, a former sWaTf soldier from the same katutura
neighbourhood as my assistant responded angrily when we approached him. referring
to the former exile in the next stall, he said: i was in sWaTf and im proud of it. Why
dont you ask this terrorist? despite the pressures, not all are prepared to give in and
rewrite their history, but this is not easy as there is no generally accepted respectable
position available to former sWaTf/ koevoet members to draw upon for self-esteem
and bargaining power.


in sum, the history of the former sWaTf and koevoet fighters in relation to re-
integration is one of partial inclusion and exclusion. The former has been driven by the
policy of reconciliation and the associated responsibility of government to promote
the welfare of all Namibians, irrespective of colour, race, ethnic origin and political
affiliation, as Nujoma said, as well as by the concerns about the potential threat posed
by ex-combatants of both sides. undoubtedly there are many who genuinely believe in
reconciliation. Yet such official neutrality is compromised by the binary imagery of the
liberation struggle, which continues to legitimate the exclusion of south africas allies
(and those considered their heirs and as current enemies). furthermore, this binary
image is often linked to other distinctions, such as ethnicity. in the current political
setting, reconciliation often appears to be viewed as necessary to the degree it pre-
vents open conflict, but it does not extend to genuinely overcoming past differences.
This would be possible only by revising the notion of liberation and shaking its posi-
tion as the national foundation more profoundly than has been done. reintegrating
former exiles has involved a combination of techniques such as categorisation, register-
ing, training and work discipline that aim to neutralise the threat to security, and the
language of national liberation that elevates them as heroes. This convergence, together
with their close historic relationship with those currently in power, has made them the
privileged group in reintegration. positive discrimination in favour of former sWaTf
and koevoet can only follow from their securitisation as potentially dangerous and from
the language of national reconciliation, but these are always countered by the negative
discrimination in the dominant narrative of the history of the nation. Thus, paradoxi-
cally, the supposedly unifying language of the nation becomes a way of drawing lines of
inclusion and exclusion, separating those who really belong to it from those who have
not yet reached full belonging or, worse still, oppose the national fulfilment (cf., Chip-
kin 2004). The antagonistic imaginary of the nation posits identification with swapo
and its vision of liberation as a condition of real belonging, so that all Namibians easily
slips into all patriotic Namibians, a far less inclusive and far more politically charged
category. Therefore, it seems that as laudable as the effort to overcome the deep divisions
of war and past injustice through reconciliation may be, reconciliation cannot be fully






La l l i Me t s o l a


achieved as long as the militant antagonism of liberation stands as the founding myth
of the nation.


When the ministry of veterans affairs was set up, the concept of ex-combatant was
given a new, extended definition. in launching the ministry, president pohamba said:
our Government regards all those patriotic Namibians who took part in the struggle
for national liberation of Namibia, regardless of whether such citizens were in exile or
not, as ex-combatants. Henk Mudge, an opposition politician, soon expressed concern
about the implications of this for former sWaTf and koevoet members: These mem-
bers were merely professional soldiers & recruited by a foreign country & They were
intimidated and brainwashed & exactly the same way in which swapo brainwashed
the plan fighters. at the time of writing (July 2007), the decision on whether former
sWaTf/koevoet would be included as war veterans had not been made, according to
Veterans affairs Minister Tjiriange, responding to questions in parliament by dTa
Mps katuutire kaura and phillemon Moongo. The presidents formulation rather
points towards another twist in the marginalisation of former sWaTf and koevoet.


Youth unemployment and existential anxiety
earlier reintegration initiatives were often rather vague in their definition of ex-com-
batant. However, what was said tended to equate ex-combatant with ex-plaN fight-
er. With the peace project, the concept ex-combatant was officially extended to cover
other former exiles (republic of Namibia 1998:6), undoubtedly due to the presence of
many non-combatant former exiles, mostly women, among the demonstrators demand-
ing jobs and recognition. due to the unconventional nature of the war and the irregular
organisation of sWapo in exile, it was not easy to differentiate strictly between com-
batants and non-combatants. The definitional extension also served to recognise the
fact that exiled sWapo members had very limited control over their fates: whatever
the movement assigned them to, they had to do. Hence, they were perhaps justified in
feeling that responsibility for their consequent life courses did not lie solely with them
as individuals, but with their exile leaders. Whatever its rationale, the inclusion of non-
fighters opened the door to further demands and problems of demarcation.


By the time the peace project commenced in 1998, many under-age exiles who
had returned to Namibia had completed their schooling or dropped out. This group of
people represented another problem of demarcation over the course of the programme.
initially, the eligibility criteria did not discriminate on the basis of age. among other
former exiles, the circle of ex-combatants was to include anyone who was born in exile
[to] parents who were both or one of them Namibian citizens participating in the libera-
tion struggle (republic of Namibia 1998:6).


By the third round of registrations in october and November 2000, this definition
had been found to be problematic and cabinet decided that not everybody who was
born in exile during the liberation struggle was an ex combatant and, therefore, entitled
to claim a job under the peace project (republic of Namibia n.d.:6, 7). additionally,
young people who went into exile in only 1988 or 1989 were to be excluded. only those


. Ministry still has to Vet the Term War Veteran, The Namibian 11 July 2007)






O u t o f o r d e r ?


born before 1974 would be eligible for benefits, with the exception of war orphans, i.e.,
those whose parents had died in exile. However, even after the official age-limit was
introduced, fairly significant numbers of young former exiles were recruited. according
to the final report of the technical committee on ex-combatants, 464 former exiles who
had gone into exile in 1988 and 1989 or were born in exile were registered during the
third registration exercise.


once it seemed that the door to employment initially opened by the peace project
started closing officially again, the youth also tried applying pressure on government, as
older ex-combatants had done. a group of youngsters calling themselves young swapo
loyalists, gathered at swapo headquarters in katutura in 2001 for several weeks, claim-
ing ex-combatant benefits by virtue of being born in exile or to parents who were there.
Government representatives denied their right to such benefits and they were finally
arrested and charged with trespass.0


The creation in 1999 of the National Youth service scheme (NYss), a quasi-mili-
tary training programme to counter youth unemployment, can be seen as a response
to youth expectations. sacky kayone, governor of omusati region, explicitly tied its
establishment to ex-combatant reintegration: The Youth service scheme & was initi-
ated because & with the [re]integration process, some of these problems started to crop
up. However, the scheme has been modest in scale and has faced problems similar
to those faced by the earlier development Brigade Corporation. disgruntled NYss
members marched to Windhoek in 2002 to meet president Nujoma with complaints
that they had not received the promised jobs and education opportunities. They were
accused of indiscipline and threatened with dismissal. The leaders of the group were
arrested and expelled from NYss.


Generally, the protests and demands of the former exiled youths did not garner
much public support, unlike those of older ex-combatants. it was argued that these
youths faced the same problems as youths or other unemployed people in general, and
had the same opportunities to advance in life as those who had grown up in the country.
This undoubtedly played a part in the governments turnabout, as it would have been
difficult to justify preferential treatment for formerly exiled youths over other young
people or the non-returnee unemployed. a development planner in the national plan-
ning commission closely involved in the administration of the peace project explained:
The Cabinet & realised that we were going into uncharted territory & creating an
open-ended situation, because & anybody who had gone in exile up to 1989 would just
come and expect to participate.


Minister of Higher education, Training and employment Creation Nahas angula
specified in which way the situation was open-ended:


0. see articles in The Namibian, 10 and 15 october 2001; 28 November 2001; 13 and 21 december
2001; 12 april 2002; 12 august 2002.


. interview with author, 22 November 2002.
.lamb 2007:170171; see also articles in The Namibian, 9 and 11 april 2001; 16, 19 and 20


august 2002; 9, 10 and 16 september 2002; 6 November 2002; 29 January 2003; and 8 april
2003.


. However, the recent ex-combatant pressure for compensation has met with much less public ap-
proval.


. Michael kafidi, interview with author, 4 august 2003.




0


La l l i Me t s o l a


every young Namibian has to find [his/her] own way of getting integrated in the society. if
[there is] a problem, it has nothing to do with & [re]integration & if you give in then you
create a situation which you will never solve because every youth, every person who feels that
he is marginalised will say no, i have to come up with something also.


despite such setbacks, the hopes of the youth to be beneficiaries were not shattered.
While the official response to youth demonstrations indicated they did not quite have
the muscle or public support required to get their way, the earlier play with official defi-
nitions and practical eligibility criteria created a grey area so that one could try to bend
the rules in ones favour and wrestle access to benefits. The following two cases illustrate
this arbitrary and shifting ground between inclusion and exclusion.


Martha was born in 1974 near oshikango. she went into exile in 1988 and contin-
ued her schooling in kwanza sul until 1990. after returning to Namibia, she went to
school in the north until she reached grade 12. since then, she had been staying at the
family farm, was unemployed and had a one-year-old daughter. she had taken part in
ex-combatant demonstrations and had registered herself, but was later told by officials
that her registration had been a mistake and that she was too young to be entitled to
ex-combatant status. during my fieldwork, she received temporary employment at a
construction site nearby. Nakale was born in 1974 near ogongo in the omusati. after
going into exile in 1987, he attended school in kwanza sul until 1991. after returning
to Namibia he continued schooling and matriculated in 1997. following registration,
he was employed in the security forces in 2000.
We have here two people with similar backgrounds but different outcomes in terms of
reintegration. This kind of a situation ensured that the feeling of entitlement, based on
having been in exile, remained alive. Nearly all the formerly exiled youth i spoke with,
men and women alike, would have appreciated government employment or other forms
of assistance and felt that if their parents were entitled to these benefits, they should be
too. They justified this expectation mainly by arguing that they had lost time and op-
portunities by moving between countries and education systems and because they had
to readjust to life in Namibia. Many of them had registered or tried to register. How-
ever, while the youth shared the sense of entitlement with older former exiles, this sense
was seemingly not as intense or as important to them.


it is not possible here to chart the multiplicity of the life situations of formerly exiled
youths and their experience of reintegration. instead, i will highlight a few significant
features through a more detailed exposition of the history, current situation and ambi-
tions of one of them, alex. alex was born in angola in 1979 and lived there until he
was sent to school in eastern europe for a few years after his father had died. after his
return in 1991, he first went to school in the central part of the country. after moving to
owambo in 1993, he found difficulty in adjusting at first, but gradually slipped into the
local lifestyle. Because his father had died in exile, he was granted official war orphan
status and his schooling was supported by the socioeconomic integration programme
for ex-combatants (sipe) until he failed his grade 10, a not uncommon occurrence
in Namibia, particularly in remote areas. since then, he had been staying at the fam-


. interview with author, 4 November 2002.
. sipe is tasked with seeking job and training opportunities for ex-combatants as well as assisting


war orphans.






O u t o f o r d e r ?


ily homestead, unemployed. during my stay in the field, he got a job at one of the big
warehouses in oshikango. as the work was tough and repetitive and did not earn him
much, he kept dreaming of something better.


alexs mother had been employed at the local government offices after taking part
in the big ex-combatant demonstrations of 199798. she supplemented her income by
buying mahangu from angola in big bags and reselling it in smaller amounts on the
roadside market in Namibia. alex did not get on too well with her husband and said
that this was why he was not staying at his mothers household but with his mothers
sister. His mother was having a small house built for him nearby and he said that he
would soon like to move so that he would not have to contribute so much of his income
to his aunts household. Now that he had a job, there were also expectations from his
mother: im the firstborn so if i got a job i have to help my brothers, because they are
still young, they are still going to school & if you have many poor relatives, you will
stay poor yourself. By contrast, his aunt was not happy as his full-time job left him
much less time to work on the farm and in the household. He appreciated his mothers
help but complained about the schism his mother and his aunt had over who should be
supporting him and what they should get from him in return.


alex was also an active football player in the local team. He lived near the football
field and went to practice almost every evening. im now a soccer player, but as you
know, soccer this side [in the north] does not [earn you] any income, im just playing for
the purpose of not thinking too much, so that i wont steal, he explained. His football
skills also helped him get his job, as it was arranged by Tommy, a team mate who held
a senior position in the same warehouse. according to Tommy, alex was always asking
for ten dollars, so it would be better to give him a chance to earn the money himself.


alex followed english football and Western popular culture keenly and we often
ended up sitting in one of the local bars watching TV together and chatting. apart from
reflecting common Namibian youth concerns, in his case these interests also reflected a
longing for europe. He sometimes talked about friends who had married a european
and returned to live in europe. one way of fulfilling his dream of europe, he thought,
would be to get to play football there. However, more than reflecting a concrete attach-
ment to european ways, europe was more of an abstract dream of a better life. it was
a negation of the very local everyday problems that surrounded him. life in Namibia
was difficult, he said, as there was no work, friends from exile were spread around the
big country, there was too much violence and people were too reckless in their sexual
behaviour. also, taking the necessary steps to adulthood seemed difficult: if i become
a family man, i cant support her, i cant support my family because i dont have any
work, but & there i can get a job & its only in europe you can get money easily.
alex was insecure about his relationship with his girlfriend, as he acutely felt that he
could not give enough to her in material terms. However, europe not only embodied
a promise of wealth, but also of modernity and style and this was true for many of
his friends too, who were carefully, within the limits of their means, trying to fashion
themselves on a hip hop-based street wisdom.


. This was said before he was employed.
. Cf., fairweather (2006) and Behrend (2002) on the importance of style as a youthful way to


produce and express identity.






La l l i Me t s o l a


While the above concerns might distinguish alex from formerly exiled youngsters
who never got further than angola and Zambia, he was by no means removed from lo-
cal realities and social relations. While he had many former exile friends, he interacted
with everybody with equal ease and had been re-Namibianised to such a degree that
some non-returnees were surprised to hear he had been in exile. indeed, over time the
distinction, evident after the repatriation of exiles, between those exile kids who had
lived in sWapo settlements and those who had spent years studying in other coun-
tries has often become blurred and partly replaced by other distinctions. There were
also those young former exiles who crafted clearer distinctions through their manner
of speech, dress and lifestyle. However, these distinctions were clearly enmeshed with
class position and associated with educational achievement, family wealth and urban
residence. it seemed to me that the production of distinction was also partly dependent
on such resources, as its consumptive requirements would be difficult to fulfil without
them.


after failing grade 10, alex had registered with sipe for employment in 2000, but
was still waiting:


They said if you fail grade ten or you fail grade twelve they will & give you jobs from like
Ndf or in Nampol & but [its] now three years [since] they promised that & always at the
end of the year, they used to come here and make meetings with us & We tell them our
problems but they say we have to wait. Well wait until you get old & i dont even have his0
phone [number] & Here in owamboland it is difficult & not like [for] those who are in
Windhoek.


alex was also trying to enlist the support of shikongo, a high government official who
used to be his mothers partner in exile after his fathers death, to get a job in the army.
shikongo invited him to Windhoek. He agreed with Tommy that he could go back to
work at the warehouse if things did not work out in Windhoek. i met alex for the last
time at a Windhoek petrol station. He had found his way to shikongo and stayed at his
place for a few days. shikongo had welcomed him warmly but alex felt that his wife and
daughters were annoyed. He said that he couldnt stay long in Windhoek but was hope-
ful that shikongo could arrange something. He had promised to try to use his connec-
tions. over half a year later i heard that alex was back in the north, still without a job.


it is by no means surprising that young former exiles would try to negotiate them-
selves into the circle of beneficiaries of ex-combatant schemes. as far as they might
seem to be from the core definition of ex-combatant, the inflation of the concept to
cover all needy former exiles brought them to the threshold of inclusion, with only the
arbitrary line of whether one was born before 1974 or after dividing the eligible from
the ineligible. it probably did not make much sense to young people born in, say, 1974


. These included most notably two larger groups of Namibian youth educated in Cuba and the
German democratic republic (Gdr). for a case study on the Gdr kids, see kenna 1999.


0. alex is referring to General Manager Ndilula of sipe.
. during my visits to the sipe head office, i saw youngsters hanging around in the reception. The


receptionist confirmed that they had come to ask for jobs. she further told me that it was com-
mon for young people, mostly with an exile background, to come for that purpose. it was appar-
ently this kind of persistent pressure to keep ones case alive that alex thought would be easier to
apply in Windhoek than from the north.






O u t o f o r d e r ?


or 1975, to see that others from a similar background but a year or two older would be
included while they were not. Their understanding was further enhanced by the knowl-
edge that this demarcation has not been consistently followed and that in many cases
their parents or friends benefited from the schemes, even though they had never fought
concretely in the war.


The recent promise to cover all patriotic Namibians who participated in the strug-
gle, whether in exile or inside Namibia, represents the next step in the blending of new
demands into the category of ex-combatant. if such a redefinition actually reaches
implementation, we may see an even more radical entanglement of the fault lines of the
liberation struggle with current politics of power, citizenship and entitlement, with
various new interests rallying under the increasingly vague ex-combatant banner.


However, although alex and many other youngsters were trying to use their exile
past and their connections to gain benefits, their approach to ex-combatant reintegra-
tion was a lot more practical than that of many older former exiles. alex did not have a
strong emotional tie to swapo. on the contrary, he was quite critical of its practices of
rule in exile and considered the current political elite self-interested and corrupt. one
night he suddenly told me that most of these ministers killed a lot of people in angola,
a reference to events in the 1980s when sWapo arrested and mishandled a sizeable
number of its own members as suspected spies. He also told of how plaN thugs used
to bully schoolboys in the settlements into joining the army instead of going to school.


indeed, for youths like alex the prospect of government employment as an ex-com-
batant was merely one possible future among others. Thus, he also talked admiringly
about an angolan friend who had made a fortune in diamond deals. He had a luxurious
house and five cars in lunda Norte, and lived a flashy life with lots of women and drink.
He had invited alex over for a few days the previous year and alex was fascinated by
the grandiose way of life he had seen. He said that if the friend came again he would
leave his work without hesitation and go with him. still, the youth know their hopes
would be easily fulfilled, and are quite prepared to take government employment if the
opportunity arises even if it requires giving up ones youthful style, as in the case of a
friend of alex, who had to cut off his dreadlocks when he joined the police.


all in all, alex is an example of the unemployed young Namibians lingering be-
tween childhood and adult life. for formerly exiled youth, this is heightened by the
contrasts between life in exile and Namibian ways and conditions. This anxiety is ap-
parent from how alex was searching for any way ahead, be it government employment,
professional football, other employment or hustling. He was tired of waiting in limbo,
yet lacked financial independence to make the transition to adulthood. The themes of
blocked social mobility and associated anxiety, distinction vis-à-vis the older generation
and the political elite, and the crossing of boundaries between state and non-state do-
mains that emerge here are familiar from other african contexts, despite the fluidity of
the concept of youth and the variety of different situations on the continent. There is


. Cf., kriger 2003 and 2006 on the conceptual politics of ex-combatants in Zimbabwe.
. similar sentiments about politics and especially the current political elite were shared by many of


his exile kid friends, as well as other young Namibians.
. for a general account of the challenges faced by Namibian youth, see Mufune 2002.
. abbink 2005; de Boeck and Honwana 2005; Vigh 2006:89104; cf. liechty 2003 on youth


construction of middle-class modernity in kathmandu.






La l l i Me t s o l a


a mismatch between actual possibilities and expectations, heightened by relatively high
educational levels and imageries of modernity.


This indeterminacy easily leads to identifying the youth as a problem. They are said
to be in danger of getting lost to unemployment, alcoholism, HiV/aids and severed
social ties. There is also a constant worry they will turn to crime. While this discourse
is driven by elite security concerns and operates relatively independently of actual crime
rates, the imaginaries of success and style associated with a thug lifestyle do appeal to
many youngsters, particularly young men. interestingly, such aspirations can coincide
with a readiness to utilise state resources if and when they are available. in Namibia,
unlike for instance in West african post-conflict situations (fithen and richards 2005;
Vigh 2006:105112; utas 2005; olonisakin and alao 2005; fitz-Gerald 2005), state-
provided livelihoods often do represent a viable option. at the same time, the selectivity
of state inclusion helps maintain the appeal of informal, even illegal livelihoods that
have a long history in Namibia owing to the starkly exclusionary character of the state
during the colonial era.


from an administrative perspective, the question of youth appears different from
that of the ex-combatants. Youth is a diverse category and not a strategically positioned
interest group like the ex-combatants. at the same time, problems of youth are of a dif-
ferent magnitude, as they not only concern former exiles. it would be difficult to justify
differential treatment of exile and non-exile youth and impossible to provide govern-
ment employment to all of them. it is not easy to predict the future in this regard, let
alone provide recommendations. What can be said is that if the extreme of widespread
alienation of the youth is undesirable, the other extreme of their militarisation as patri-
ots does not appear to be a lasting solution either.


avoidance of state capture
The above discussion on youth has already pointed to a concern that has been evident in
ex-combatant reintegration but that is actually more fundamental for the construction
and maintenance of state power, namely that of capturing populations by institutional
arrangements that are conducive to producing compliant subjectivities. apart from
the immediate aim of dispersing the demonstrations, a fear that ex-combatant agency
would turn subversive, both in terms of political disloyalty and unrest and conventional
crime, clearly motivated the peace project. Job provision for the ex-combatants was
meant to redirect their agency in ways that would not contest the political regime and
could even be useful to it. from this perspective, those who purposely avoid ex-com-
batant programmes become particularly interesting. Many potential beneficiaries have
not registered or taken up the employment offered to them. Many of these people are
involved in different forms of self-employment, ranging from small-scale production
and trade in agriculture, beverages and food or services such as carpentry and bricklay-


. for recent debate, see isaacs 2007; Hengari 2007; lets Get aids Wise, urges the president,
The Namibian 22 august 2007; Youth unemployment a Big problem: angula, The Namibian 2
July 2007; Youngsters of Today Have some Mps Tugging at Their Grey Hairs, The Namibian 23
february 2007.


. for a historical precedent, see Glaser 2000.






O u t o f o r d e r ?


ing to activities considered as illegal or illicit in the eyes of the state, such as smuggling
or buying and selling stolen goods. sometimes these activities are preferred out of cost-
benefit calculations in terms of money, comfort and family arrangements. However, for
some, self-employment appears as a sphere of freedom and autonomy. it is mainly the
latter that i focus on here by way of the cases of a number of childhood friends from the
same neighbourhood.


peach and Manu are owambo-speaking streetwise men in their thirties from ka-
tutura. They had not registered themselves or sought ex-combatant employment. peach
went into exile in mid-1980s as a schoolboy. He first went to school and then underwent
military training in angola. When meeting him he was running a shebeen and made
trips to south africa, where he bought goods that he then sold in Namibia. He also had
regular connections to former sWaTf/koevoet fighters who reside in south africa, a
link that had initially grown through family members in the early 1990s. His lifestyle
was closely connected with events of the past. To him, ex-combatant programmes with
their requirement of a regimented and dependent way of life was not appealing. refer-
ring to disappearances and the heavy discipline in exile and empty promises at inde-
pendence, he told of having learned enough about sWapo in exile to avoid getting
captured by politics anymore:


i dont today believe in swapo & not in Boers, nobody & i believe only in myself. i just
work hard for my children & doing my business as you know, im on my own & dont tell
me politics, [im] no longer interested & politics is a dead game & gambling with other peo-
ples lives & They can steal your heart, to make you feel strong & but everything [they] said
was a lie & There was a promise [of] free housing, that we are gonna have a free beautiful
house in town & [and] free education & We were not supposed & to pay for the hospital.
Not even water, not to pay house rent & There wont be hard things, everythings just gonna
be easy like that & Theres many things which happened there & There are people who
schooled with me, till now they are lost. They never came back & Today everybody says hes
been fighting for the country ... if they can make a truth commission like in south africa its
much better & We could claim our brothers, those who passed away.


Manu had not been in exile. instead, he had run away from Windhoek to avoid being
captured by the police and joined the sWaTf in owamboland as a way to make money
and wait for things to cool down. although he managed to avoid the law that time, he
had later accumulated a criminal record. He explained how he currently made a living:
in life if you are not working, you have many challenges. so & if somebody stole some-
thing, then i can buy from him and resell it to make a profit. He had previously been
involved in larger scale operations and enjoyed a more flamboyant lifestyle. However,
after a few stints in jail, he now seemed to be keeping a lower profile. like peach, he
sneered at the prospect of applying for the low-paid, regimented ex-combatant jobs.


Many in the neighbourhood circle of friends to which peach and Manu belonged
were involved in the thriving shadow economy of katutura that reaches across the bor-
ders to south africa and angola. Their trade was dependent on a network of informal
connections, including strategic relations with state representatives. Here, the official


. according to Grobler (2003) and Goba (2003), the most important goods that cross these bor-
ders illegally are diamonds, vehicles, drugs and guns. involvement in diamond smuggling alleg-
edly extends to people in the highest echelons of politics and society (Grobler 2532).






La l l i Me t s o l a


aspirations of state power do not appear as a reference for identification. rather, state
agents represent a potentially hostile force to be reckoned with by tactics of avoidance
or cooption. Without glorifying this way of life, it does not reflect an amoral position.
rather, the distant relationship to the liberation struggle of people such as peach, and
their disillusioned and sceptical view of the projects of the ruling party and the state
arises from a long history of predatory state power, from particular personal histories,
and from neighbourhood solidarities and an everyday morality of providing for yourself
and those close to you.


some of those involved in this lifestyle were now trying to find more stable and less
risky ways of making a living. freddy and kamati had previously operated in the same
gang with Manu but had recently tried to enter into more mainstream occupations and
were currently struggling in temporary employment. freddy had also been employed in
the special field force for some time. peachs friend Johnny had spent most of his child-
hood in exile and completed high school in the north in the late 1990. He had come to
Windhoek to search for work but had found none and had instead got involved in the
illegal diamond trade. However, he was constantly looking for a real job.


some young men from the neighbourhood had been employed in the police through
the peace project. in this way, reintegration placed people who had grown together and
shared similar life histories on different sides of the law. However, this division was far
from absolute, as the cases of pine and peter illustrate. pine already knew the tricks of
the street when he left for exile in the early 1980s. after going to school and receiving
military training, he resumed a life of hustling and petty crime after repatriation. in the
late 1990s, he was registered as an ex-combatant and became an sff police officer in
the north. His life story is thus an example of multiple movements over the boundaries
of legality over time.


in the case of peter, this boundary was constantly blurred in the present, as he was
balanced between the demands of his job and expectations rooted in his old social net-
work. after going to school both in Windhoek and in the north, peter went into exile
in the mid-1980s and joined plaN. after repatriation, he struggled for a few years
without permanent employment and took part in one of the early ex-combatant demon-
strations. He was employed in the police after being registered as an ex-combatant. He
served in the sff in the bush for some time, but did not like it, and managed to get a
transfer to other duties in Windhoek.


unlike pine, who manifested extreme loyalty to the government, the ruling party
and president Nujoma, peter never portrayed himself as a swapo loyalist. in his case,
the job in the police seemed more like a practical survival strategy than an existentially
significant attachment. like peach, he was also vocal on disappearances and other prob-
lems in exile:


There were many things man & someone is just disappearing like nobodys business ... so
we were not feeling nice. see? Because & if you say anything, then you go also. You see? You
cant complain. You can complain in your heart but you cant complain in public & okay,
it was struggle & but something was not right & You cant stay for five days without food.
five days, but the superiors, they are eating, full time & [and] the store room is full of food.
They say we cant eat like the country is independent. so we have to wait the country to be
independent, then we can eat (laughter).






O u t o f o r d e r ?


peter lived on the same street as Manu and surely knew of his dealings. He also told of
another neighbours diamond deals. Yet business went on as usual. according to Manu,
the police understand & because we are all from the same background & if they re-
cover the items they just have to take the[m] back to the owner, but they would not ar-
rest him. peter was also quite prepared to use his position within the state framework to
lubricate not entirely transparent deals. in many cases, the line between legitimate and
illegitimate livelihoods is thin and can be crossed situationally due to divided loyalties
and trying to make ends meet. at the same time, he had also made enemies as he had
had to make arrests in the neighbourhood, and that was why he always carried a gun. it
was perhaps because of such contradictions that he hoped to be able to give up his police
employment for some other job in the future.


peach, peter and pine come from the same township background. Yet they have
adopted different survival strategies, and at the same time, different relations with state
power in general and to reintegration in particular. pine has become a fiercely loyal sff
policeman, a frontline manifestation of state sovereignty. By contrast, peach is in the
opposite position, having grown disillusioned with swapo and politics in general and
seeking to maintain his distance from the state. peter tries to straddle the two extremes,
making strategic use of his ex-combatant status without giving strong allegiance to the
current government, while trying to maintain and use his neighbourhood relationships
for his own ends at the same time. such neighbourhood and peer solidarities stretch far
back to the time when the colonial state was clearly perceived as the enemy. for various
reasons, such as problematic events in exile and the perceived self-serving tendencies of
the elite, the current state is seen as a continuation of that history. local loyalties often
crossed both pre-independence enmities and current boundaries of legality. This might
be seen as an instance of grassroots reconciliation but perhaps not of the kind that the
government would like.


To the neighbourhood brothers discussed here, the legality or illegality of their
various livelihoods was not a highly significant distinction, apart from an instrumental
sense of having to protect oneself from the unwanted attention of the law. They consider
what they are doing to be licit, a conviction that arises from the necessity of making a
living in a situation of meagre opportunities (cf., roitman 2004). as one person from
the same neighbourhood told me:


i grew up in a very rough suburb where the mafias are & the botsotsos, [they are] my neigh-
bours, even my brothers & But what can you do? ... How could you report this gentleman to
the police if this gentleman is the one bringing bread into your home? You would be stupid
to report, then you wouldnt eat.


Yet, these people do not operate from a position where state power is insignificant or
merely external. rather, their personal histories show a multitude of varying engage-
ments with the state, and their current stance towards it is informed both by these
personal histories and by the fact that some of their current livelihoods are officially
relegated as unlawful (which does not mean that they could not be economically signifi-
cant or clandestinely tolerated). However, mostly it seems that reintegration in the way
it has been carried out cannot capture them, as its ways of constructing the link between
the state and the reintegrees does not resonate with their ambitions and sense of self.
They might contest state sovereignty in their remembrance, their current stated relations






La l l i Me t s o l a


to the state and their deeds, but such contestations remain partial and fragmented and
are not likely to form any systematic political resistance.


Conclusion
The relationship of the various groups discussed in this chapter to ex-combatant re-
integration varies, both between the groups and over time. Throughout the history of
reintegration, the very definition of ex-combatant has been a contested category as it
has been the key to recognition and material benefits. The ex-plaN combatants have
always been at the core of the concept and therefore also the prime beneficiaries of re-
integration programmes. The groups discussed here have had a much more ambiguous
relationship to reintegration. Theirs is a history of partial inclusions and exclusions,
based on both official and unofficial delimitations of eligibility. such limits have been
drawn in both legal and popular discourse, and in the planning and implementation of
reintegration and in wider socio-political arenas. They have been drawn both for politi-
cal reasons, as in the case of former sWaTf and koevoet, and in order to avoid inflating
the concept and bloating the base of potential beneficiaries (as in the case of youth).


However, in a significant departure from a narrow definition of ex-combatant, an
official decision was made to include not only those former exiles who participated in
combat but also all other formerly exiled sWapo members. This was a response to
pressure from demonstrating ex-combatants, who included a considerable number of
non-plaN returnees. in a situation of scarce resources and hampered upward mobil-
ity, fulfilling particular demands has opened doors to renewed claims, either by the
people who have been preferred (as in the case of recent demands for compensation) or
by previously excluded groups who feel that their situation closely resembles that of the
favoured. in this way, the apparently distinct bureaucratic operation of reintegrating
ex-combatants opens into the broader field of Namibian politics, into arguments over
inclusion and exclusion in the political society and national economy. apart from the
demands of formerly exiled youths, the evolution of ex-combatant reintegration might
call forth demands, for instance, from unemployed youth in general or from groups
who claim to have suffered and sacrificed in the struggle for independence inside Na-
mibia. Both demands have been preliminarily recognised through the militaristic youth
service scheme and through the promise to extend the concept of ex-combatant to all
who contributed to liberation. it remains to be seen what will happen with these initia-
tives, but if pursued, they definitely have the potential to radicalise Namibian politics
along the fault lines of liberation.


in a contrary response, some potential reintegrees have not sought ex-combatant
benefits. such decisions might indicate a better level of economic well-being than could
be offered by ex-combatant employment; in other words, of having become the au-
tonomous economic agents that the dBC was, mostly unsuccessfully, trying to turn
ex-combatants into. However, avoidance of reintegration often seems to be associated
with a critical relationship to the ruling partys version of Namibian nationhood and to
the politics of inclusion and exclusion associated with reintegration. for these ex-com-
batants and former exiles, modes of reintegration are too deeply immersed in troubled
political histories and too heavily loaded with expectations of discipline and loyalty to
be appealing.






O u t o f o r d e r ?


Hence, the case of ex-combatants demonstrates that the biopolitical or bureaucrat-
ic operations of the modern state are not necessarily apersonalised and depoliticising.
rather, they are malleable and can be put to use for various purposes in various con-
texts. Consistent with this pattern, many of the political effects concerning ex-combat-
ants have been produced through ostensibly neutral administrative techniques and have
become part of deeply political processes of selective inclusion (and exclusion) on the
basis of particular personal and group histories and political allegiance.


one may ponder whether the prioritisation of ex-plaN combatants and other adult
returnees, mainly based on ad hoc security concerns of the elite, is sufficient for long-
term political and socioeconomic stability. in different ways, groups left out of reinte-
gration are examples of tensions beneath the calm surface of Namibian political and
social life and may challenge existing power relations in time to come. furthermore,
this challenge might be more difficult to deal with than that of the ex-combatants who
demanded (re)inclusion in the state and party ranks through employment and other
benefits. in concrete terms, this challenge arises from demographic pressure and large-
scale unemployment. However, it also arises from alternative imaginations and social
networks that are fed by current material circumstances and the particular histories of
the groups concerned.


Notably, the principle of reconciliation has been upheld throughout the years and
there is still the possibility that it might be translated into genuinely more inclusive
practices of citizenship. However, this requires re-evaluation of the significance of the
liberation struggle as the cornerstone of current Namibian nationhood. Those in power
would have to seriously acknowledge the heterogeneity of Namibian society as a persist-
ent reality not to be brushed aside by the dictates of unity, and to reconsider the bases of
their own legitimacy in the long run. it would also be necessary to resist the temptation
to give in to particular popular demands for short-term political gain, in favour of a
more balanced assessment of the needs of the various currently disadvantaged groups.


references


abbink, Jon (2005), Being Young in africa: The politics of despair and renewal, in Jon
abbink and ineke van kessel (eds), Vanguard or Vandals: Youth, Politics and Conflict
in Africa. leiden and Boston: Brill


agamben, Giorgio (1998), Homo Sacer: Sovereign Power and Bare Life. stanford: stanford
university press


(2005), State of Exception. Chicago and london: university of Chicago press
Behrend, Heike (2002), i am like a Movie star in My street: photographic self-


Creation in postcolonial kenya, in richard Werbner (ed.), Postcolonial Subjectivities
in Africa.
london and New York: Zed


Brown, susan (1995), diplomacy by other Means swapos liberation War, in Colin
leys and John s. saul (eds), Namibias Liberation Struggle: The Two-Edged Sword.
london: James Currey and athens, oH: ohio university press


Chipkin, ivor (2004), Nationalism as such: Violence during south africas political
Transition, Public Culture, Vol. 16, No. 2, pp. 31535


Christiansen, Catrine, Mats utas and Henrik e. Vigh (2006), introduction: Navigating
Youth, Generating adulthood, in Catrine Christiansen, Mats utas and Henrik




0


La l l i Me t s o l a


e. Vigh (eds), Navigating Youth, Generating Adulthood. uppsala: Nordiska
afrikainstitutet


Cliffe, lionel, ray Bush, Jenny lindsay and Brian Mokopakgosi (1994), The Transition to
Independence in Namibia. Boulder and london: lynne rienner


Colletta, Nat J., Markus kostner and ingo Wiederhofer with the assistance of emilio
Mondo, Taimi sitari and Todesse a. Woldu (1996), Case Studies in War-to-Peace
Transition: The Demobilization and Reintegration of Ex-Combatants in Ethiopia,
Namibia, and Uganda.
Washington dC: World Bank


Corbridge, stuart, Glyn Williams, Manoj srivastava and rené Veron (2005), Seeing the
State: Governance and Governmentality in Rural India.
Cambridge: Cambridge
university press.


das, Veena and deborah poole (2004), state and its Margins: Comparative
ethnographies, in Veena das and deborah poole (eds), Anthropology in the Margins
of the State.
santa fe and oxford: school of american research press and James
Currey.


de Boeck, filip and alcinda Honwana (2005), introduction: Children & Youth in africa,
in alcinda Honwana and filip de Boeck (eds), Makers & Breakers: Children & Youth
in Postcolonial Africa.
oxford: James Currey, Trenton, NJ: africa World press and
dakar: Codesria


fairweather, ian (2006), Heritage, identity and Youth in postcolonial Namibia, Journal of
Southern African Studies,
Vol. 32, No. 4, pp. 71936


fikeni, somadoda (1992), exile and return: The political economy of Namibias
returnees, unpublished masters thesis, Queens university, Canada


fithen, Caspar and paul richards (2005), Making War, Crafting peace: Militia solidarities
& demobilisation in sierra leone, in paul richards (ed.), No Peace, No War: An
Anthropology of Contemporary Armed Conflicts. athens, oH: ohio university press
and oxford: James Currey


fitz-Gerald, ann M. (2005), disarmament, demobilisation and reintegration
interrupted: The Three-phased experience in sierra leone, in ann M. fitz-Gerald
and Hilary Mason (eds), From Conflict to Community: A Combatants Return to
Citizenship. shrivenham: Global facilitation Network for security sector reform


Gewald, Jan-Bart (2004), Who killed Clemens kapuuo? Journal of Southern African
Studies,
Vol. 30, No. 3, pp. 55976


Glaser, Clive (2000), Bo-tsotsi: The Youth Gangs of Soweto, 19351976. portsmouth, NH:
Heinemann, oxford: James Currey and Cape Town: david philip


Gleichmann, Colin (1994), returned exiles in Namibia: The dynamics of reintegration
and political Change, unpublished masters thesis, university of Hamburg,
Germany


Goba, ray (2003), Money laundering Control in Namibia, in Charles Goredema (ed.),
Profiling Money Laundering in Eastern and Southern Africa. pretoria and Cape Town:
institute for security studies


Grobler, John (2003), Namibia, in peter Gastrow (ed.), Penetrating State and Business:
Organised Crime in Southern Africa,
Volume one. pretoria and Cape Town: institute
for security studies


Hansen, Thomas Blom and finn stepputat (2005), introduction, in Thomas Blom
Hansen and finn stepputat (eds), Sovereign Bodies: Citizens, Migrants, and States in
the Postcolonial World.
princeton and oxford: princeton university press






O u t o f o r d e r ?


Hengari, alfredo Tjiurimo (2007), let us Tear down the Herero Mall, The Namibian,
31 august


isaacs, denver (2007), The rise and rise of Youth Violence in Namibia, The Namibian,
27 July


kenna, Constance (1999), Homecoming: The GDR Kids of Namibia. Windhoek: New
Namibia Books


kriger, Norma (2003), Guerrilla Veterans in Post-War Zimbabwe: Symbolic and Violent
Politics, 19801987.
Cambridge: Cambridge university press


(2006), from patriotic Memories to patriotic History in Zimbabwe, 19902005,
Third World Quarterly, Vol. 27, No. 6, pp. 115169.


lamb, Guy (2007), Militarising politics and development: The Case of post-independence
Namibia, in lars Buur, steffen Jensen and finn stepputat (eds), The Security
Development Nexus: Expressions of Sovereignty and Securitization in Southern Africa.
uppsala: Nordiska afrikainstitutet and Cape Town: HsrC press


leBeau, debie (2005), An Investigation into the Lives of Namibian Ex-fighters Fifteen Years
after Independence. Windhoek: peaCe Centre


leys, Colin and John s. saul (1995a), introduction, in Colin leys and John s. saul (eds),
Namibias Liberation Struggle: The Two-Edged Sword. london: James Currey and
athens, oH: ohio university press


(1995b), swapo inside Namibia, in Colin leys and John s. saul (eds), Namibias
Liberation Struggle: The Two-Edged Sword. london: James Currey and athens, oH:
ohio university press


liechty, Mark (2003), Suitably Modern: Making Middle-class Culture in a New Consumer
Society.
princeton and oxford: princeton university press


McMullin, Jaremey (2005), far from spontaneous: Namibias long struggle with ex-
Combatant reintegration, in ann M. fitz-Gerald and Hilary Mason (eds), From
Conflict to Community: A Combatants Return to Citizenship. shrivenham: Global
facilitation Network for security sector reform


Metsola, lalli (2001), The liberation Narrative and the post-return life stories of
Namibian former exiles, unpublished masters thesis, university of Helsinki,
finland.


(2005), from a social problem to frontline functionaries The Core of Namibian
ex-combatant reintegration, paper presented at the Nordic africa days, uppsala,
sweden, 30 september 2 october 2005


(00),reintegration of ex-combatants and former fighters: a lens into state
formation and Citizenship in Namibia, Third World Quarterly, Vol. 27, No. 6, pp.
111935


(2007), The struggle continues? The spectre of liberation, public memory, and ex-
combatant reintegration in Namibia, paper presented at the aeGis european
Conference on african studies, leiden, The Netherlands, 1114 July 2007


and Henning Melber (2007), Namibias pariah Heroes: swapo ex-combatants Between
liberation Gospel and security interests, lars Buur, steffen Jensen and finn
stepputat (eds), The SecurityDevelopment Nexus: Expressions of Sovereignty and
Securitization in Southern Africa. uppsala: Nordiska afrikainstitutet and Cape Town:
HsrC press


Mufune, pempelani (2002), Youth in Namibia social exclusion and poverty, in Volker
Winterfeldt, Tom fox and pempelani Mufune (eds), Namibia, Society, Sociology.
Windhoek: university of Namibia press






La l l i Me t s o l a


olonisakin, funmi and abiodun alao (2005), explaining disarmament, demobilisation
and reintegration in liberia, in ann M. fitz-Gerald and Hilary Mason (eds), From
Conflict to Community: A Combatants Return to Citizenship. shrivenham: Global
facilitation Network for security sector reform


preston, rosemary (1997), integrating fighters after War: reflections on the Namibian
experience, 19891993, Journal of Southern African Studies, Vol. 23, No. 3, pp.
45372


preston, rosemary (1994), returning exiles in Namibia since independence, in Tim allen
and Hubert Morsink (eds), When Refugees Go Home: African Experiences. Geneva:
uNrisd, Trenton, NJ: africa World press and london: James Currey


et al. (1993), The Integration of Returned Exiles, Former Combatants and Other War-
affected Namibians. Windhoek: university of Namibia, Namibian institute for social
and economic research


republic of Namibia (1998), Report on the Registration, Verification of, and Investigations into
the Condition of Ex-PLAN Combatants. Technical Committee on ex-Combatants


(1999), War Veterans subvention act (act 16 of 1999), Government Gazette of the
Republic of Namibia,
No. 2211, 20 october


(no date [2001]), Final Report of the Technical Committee on Ex Combatants to the
Cabinet Committee on Defence and Security (CCDS).
Technical Committee on ex-
Combatants


roitman, Janet (2004), productivity in the Margins: The reconstitution of state power in
the Chad Basin, in Veena das and deborah poole (eds), Anthropology in the Margins
of the State.
santa fe and oxford: school of american research press and James
Currey


soggot, david (1986), Namibia: The Violent Heritage. london: rex Collings
soiri, iina (1996), The Radical Motherhood: Namibian Womens Independence Struggle.


uppsala: Nordiska afrikainstitutet
steinmetz, George (1999), introduction: Culture and the state, in George steinmetz


(ed.), State/Culture: State-Formation after the Cultural Turn. ithaca, NY and london:
Cornell university press


Tapscott, Chris (1994), a Tale of Two Homecomings: influences of the economy & state
on the reintegration of repatriated Namibian exiles, 19891991, in Tim allen
and Hubert Morsink (eds), When Refugees Go Home: African Experiences. Geneva:
uNrisd, Trenton, NJ: africa World press and london: James Currey


(1995), War, peace and social Classes, in Colin leys and John s. saul (eds), Namibias
Liberation Struggle: The Two-Edged Sword. london: James Currey and athens, oH:
ohio university press


and Ben Mulongeni (1990), An Evaluation of the Welfare and Future Prospects of
Repatriated Namibians in Northern Namibia.
Windhoek: Namibian institute for
social and economic research, university of Namibia, research report 3


Trouillot, Michel-rolph (2001), The anthropology of the state in the age of
Globalization, Current Anthropology, Vol. 42, No. 1, pp. 12538


utas, Mats (2005), Building a future? The reintegration & remarginalisation of Youth in
liberia, in paul richards (ed.), No Peace, No War: An Anthropology of Contemporary
Armed Conflicts. athens, oH: ohio university press and oxford: James Currey


Vigh, Henrik (2006), Navigating Terrains of War: Youth and Soldiering in Guinea-Bissau.
New York and oxford: Berghahn




imagining post-apartheid society and culture
playfulness, officialdom and civility in a youth elite club


in northern Namibia


Mattia Fumanti


people who are considered youth form an increasing proportion of the Namibian popu-
lation. according to uN statistics, the population growth rate in Namibia is 2.9% per
annum. The decrease in infant mortality rate, combined with a high population grow
rate, has resulted in the largest single sector of the population in Namibia, 42.6%, be-
ing under 15 years of age, compared to a mere 2.8% being 65 years or older. Youth are
therefore preponderant numerically and these demographic shifts are accompanied by a
series of reconsiderations of the wider categories of child, youth, adult or elder. for this
reason, the category of youth must be understood as relational, that is as constituted and
reconstituted constantly in every social encounter (durham 2000), and as a social and
culturally constructed category and not simply a biological one. This soon becomes very
apparent to researchers carrying out fieldwork in Namibia or in other parts of africa,
since people who are considered youths can be between the age of 5 and 45 years accord-
ing to a series of different definitions, such as their social position, their marital status,
their reproductive capacities, their public behaviours or the social context in which they
find themselves. There are also great differences between the rural and the urban con-
texts. With the term youth, i refer in this paper to people who are publicly recognised
as youth according variably to age, to local cultural idioms and to their social position
in the society they live in.


The youth in Namibia:
Challenges, constraints and state discourses
The youth in post-apartheid Namibia are confronted with many of the problems and
challenges that affect their counterparts in other parts of africa (see Mufune 2002).
These problems appear to be very acute given the dramatic demographic, social and
cultural changes that have taken place Namibias post-independence era. first, there
is the soaring unemployment rate, which primarily affects Namibias young popula-
tion, leaving it in a very vulnerable and marginal position (Mufune 2002:1845). in a
country where new socioeconomic and racial inequalities are emerging alongside the old
ones, the impact of neoliberal economic policies and their new regime of governmen-
tality (ferguson and Gupta 2002) have created further discriminatory practices in the


. HumanDevelopmentReports,UNDP,00,www.hdr.undp.org
. Joblessyouthatimebomb,The Namibian,/0/00







Mat t i a Fuman t i


employment sector for the young population. following the demands of the interna-
tional market, the shift is towards a new workforce that is flexible, educated and highly
technical, and incidentally easily dismissible and precarious. Within this context, the
Namibian government, more and more constrained by the economic dominance of
south africa, has failed to respond to the challenges and guarantee access to the job
market to a greater proportion of its population. only education, with all its recent
problems, has paradoxically remained one of the few avenues for upward mobility for
many young Namibians (fumanti 2006, 2007). excluded from the productive sphere,
the youth are in turn excluded from the consumer culture so pervasive in post-apartheid
Namibia and africa at large, and are left facing disenchantment and more often despair
and alienation. second, the high prevalence of the HiV/aids pandemic has brought
with it dramatic changes on a demographic, social, cultural and economic level recon-
figuring the way in which people conceptualise and understand the categories of gender,
sexuality and age (pinkowsky-Tersbol 2002; Talavera 2002). Third, the level of violence
is on the increase in the country and the youth, who are often the most vulnerable and
excluded in post-apartheid Namibia, emerge at times as victims and at other times as
perpetrators.


Given this scenario, the youth in Namibia are increasingly seen as a problem that
needs to be policed. The circulation of alarming statistics on violence, aids and un-
employment reinforces the public perceptions of youth as potentially dangerous and
amoral agents, lacking the desire to participate in the wider post-independence project
as responsible citizens through commitment, hard work and sacrifice. as the future
leaders of the nation, so goes the official rhetoric, they are supposed to be trained and
educated in civic and national matters in order to guarantee economic development and
nation-building. These are discourses that bring to bear and reinforce new generational
cleavages alongside old ones and a certain language inherited from the struggle against
apartheid (Melber 2003b). While the youth who grew up under apartheid and fought
in the liberation struggle are seen as a positive model, post-apartheid youth are seen
as morally loose, spoiled and only interested in consumer goods and fashion. it is no
surprise that within these emerging discourses the government has recently introduced
a National Youth service with the aim of giving the lost generation the values of a re-
sponsible citizenry, to instil the lost sense of sacrifice and to provide technical know-how
to face the demands of the job market. Yet beyond this initiative, many see a return to
the anti-colonial rhetoric and a dangerous step towards the introduction of Zimbabwe-
style youth training camps, and the images of youths in uniforms marching before the
Namibian head of state, waving their fists and chanting sWapo songs in the recently
established youth camp at Berg aukas are certainly not encouraging.


. Failureofeducationsysteminspotlight,The Namibian, 0/0/00
. WADsaysmediamustfindthecausesofviolence,The Namibian,0/0/00
. YouthbillthroughNA,New Era, /0/00
. Unamhasdutytoeducateyouthoncivicmatters,New Era, /0/00
. Presidentwantsacreativeyouth,New Era,0/0/00
. YouthbillupsetsCod,New Era,0/0/00




Im a g in in g p o s t - a pa r t h e i d s o c i e t y a n d c u l t u r e






Im a g in in g p o s t - a pa r t h e i d s o c i e t y a n d c u l t u r e


alternative visions of youth in the making of post-apartheid
society and culture
Yet here i aim to move beyond the official narrative of youth as a problem and focus
on the way in which Namibian youth participate in the making of Namibias post-
apartheid society and culture. i here build my argument on a more recent academic
debate on youth in postcolonial africa. flowing from the fresh interest in the studies
of youth in africa (Carton 2000; Glaser 2000; Gondola 1999; Mckittrick 2002; rich-
ards 2002), several scholars have pointed out that in the fast changing socioeconomic
and cultural context brought forward by demographic changes, encroaching capitalism
and the HiV/aids pandemic the old ways of thinking about age, generations and so-
cial reproduction are no longer adequate to understanding life in contemporary africa
(simpson 2003; sharp 2003; durham 2000). Whereas race, class and gender are still
fundamental tools for thinking about the process of cultural difference and change,
we need to take age and intergenerational relationships as the primary locus through
which other social and economic processes are reconfigured in postcolonial africa and
beyond. Moreover, there is the need to undermine a more recent set of discourses, too
often conveyed in media representations, which can be found in the social and cultural
imagination of africa. in these discourses, youths are seen exclusively as victims and/
or cruel perpetrators of unimaginable violence. in these accounts, the youth enter the
public space of africa under the control of the elders and leave behind only violence, de-
struction and uncivil practices (richards 2002; abbink and Van kessel 2003; richards
and peter 1998). on the contrary, as durham argues, we need to explore the real extent
to which youth participate in the political space of africa:


Traversing these notions, youth enter the political space as saboteurs; their potential for
political sabotage comes from their incomplete subjugation to contexts and co-opters, and
to their own power for action, response, and subversion in contexts of political definition
(2000:113).


The need is therefore to reconsider the role and contribution of youth in africa in the
making of colonial and postcolonial life and to look at the ways in which youth stands
at the centre of wider conjunctures of history and globalisation, how they move through
them and how by negotiating continuity and change they reconfigure webs of power,
reinventing personhood and agency.


in Namibias context one has to think, for example, of the growing local music
industry and the participation by many youths in Namibias civil society. This cultural
revival and active engagement in societal and political affairs is testimony of youthful
agency and of cultural creativity. improvised recording studios are set up literally in
peoples backyards in many Namibian towns and new artists emerge overnight selling
their Cds in local shops, open markets and shebeens, thereby providing an alternative
avenue for income and upward mobility for young men and women alike. on my most
recent visit to Namibia, i was surprised by the increasing number and popularity of lo-
cal kwaito, gospel and randB musicians such as stanley, Jossy Josh, Gall level, sunny
Boy and Gazza. Creating hybridised musical genres that cut across europe, africa and
the us, and borrowing from, among others, the style and image of Black american
rappers and south african kwaito artists, these musicians address many issues of inter-






Mat t i a Fuman t i


est to Namibian youth. often singing in their local idioms, their songs speaks of love
and relationships, sex and HiV/aids, violence and crime, success and conspicuous
consumption, but also of religion and morality, kinship and generational relationships,
and capture well the hopes and aspirations of Namibias youth for a modern and cosmo-
politan life as well as their daily concerns. Where will all this lead us? asks Wernelly,
a popular gospel artist from rundu, in one of his recent hits. These musicians are now
household names and their role in Namibias public sphere has become very prominent
through their attendance at public events and state ceremonies and their constant ap-
pearances in the media0. Their success has become an inspiration to many youths and
the ministry of education has been quick to exploit this popularity by appointing Gazza
as a cultural ambassador in various schools across the country. similarly, the youth
participate in post-apartheid Namibias civil society through their role in association
life, with youth clubs being a prominent feature in the country. These clubs are very
diverse and cover many aspects of urban social life, providing valid alternatives to its
youth population. Church associations, gospel and dance clubs, sports clubs, ethnic
clubs, cultural clubs and multi-interest clubs constitute part of the life of urban and
rural Namibia (for a comparative analysis elsewhere in african, see Gable 2001; la fon-
taine 1970; lentz 1995; Mayer and Mayer 1970; Møller and Nthembu 1991; rea 1998;
Tostensen, Tvedten and Vaee 2001). in these spaces, the youth are able to exert their
agency, imagine and foster citizenship and contribute to the society at large by making
and remaking cultural and social values. further, they are fundamental spaces for the
formation of youthful subjectivities whose values represent the changing sociocultural
and economic context of post-apartheid Namibia.


The shinyewile Club: officialdom, playfulness and the emergence
of a youthful elite in rundu
The aim of this paper is to introduce further complexity into this recent debate by look-
ing at the way in which a youth elite in rundu, a small town in northern Namibia, by
combining ethic and civic consciousness, appeals to the rights of citizens and the public
good in a post-apartheid society. Heirs in certain cases to local dynasties whose influ-
ence stretches from precolonial to postcolonial times, this youth elite is more and more
disenchanted with the directions taken in nation-building. The expectations raised at
independence are still high, but the accomplishments are seen by the youth elite to fall
short of the objectives. in their moral reasoning, they see themselves as possessing the
right skills and qualities, moral and professional, to contribute to Namibian post-apart-
heid society. Yet they feel blocked in their careers and excluded from the public sphere
by sWapos party elite. While some of these youths are employed as civil servants in


. ThisismytranslationfromRu-Kwangali,KupiNgatuYitwara.Wherewillallthisleadus?is
thetitleofasongonWernellyslatestalbum,Nsigwe(theOrphan).


0. Young,musicalandtalented, Insight Magazine, March00
. Gazzareachesouttoyouth,New Era, 0/0/00.Similarly,inlastyearselectioncampaign


PresidentPohambaandex-presidentSamNujomaencouragedpeopletovotebylendingtheir
voicestoakwaitomusicalcompilationentitledOmalaetioSwapo(SwapoFellas)inNew Era,
/0/00






Im a g in in g p o s t - a pa r t h e i d s o c i e t y a n d c u l t u r e


the ministerial offices of rundu, others, unlike the elite in power that dominates the
public sector, have taken careers in the private sector, working for international NGos
and private companies where they see the possibility for upward mobility and career
advancement. To the sWapo ruling elites post-independence rhetoric of sacrifice and
the work ethic, which pervades the public sphere at both local and national levels, they
oppose a moral discourse on the delivery of governance and the public good, on what
constitutes capable leadership and the making of moral beings (see fumanti 2003 for a
wider discussion on the public sphere).


in this paper, i show how this youth elite negotiated their emergence in the public
sphere of rundu through the creation of a youth club, the shinyewile Club. The nick-
name shinyewile does not exist as an ordinary word in the local dialects spoken in the
kavango area. it is a distorted form of a ru-kwangali verb kunyeura, which literally
means to pull down ones own foreskin. This nickname became popular and contro-
versial when it was adopted by the somewhat outrageous and jokey shinyewile Club.


This youth club, formed spontaneously on the initiative of a small group of male
friends already known in town through their successful careers and family legacies,
became popular in a short time through its capacity to organise successful youth events
and for its very distinctive sociality and conviviality. The group of friends, all civil serv-
ants in their twenties and early thirties, were able to combine official, formalised and
standardised performances with an ironic and playful atmosphere, thus giving to the
club its distinctive identity. over the course of a year, the club organised two youth
events, a youth festival and beauty pageant, alongside a more socially responsible clean
up and a history symposium. By drawing on these achievements, the shinyewile Club
became central for this youth to assert its own role in public, to perform its professional
knowledge and to reflect upon and express its personal trajectories and accomplish-
ments. This was achieved in an urban context in which associational life is largely domi-
nated by the senior sWapo generation in power and from which they felt excluded on
generational and political grounds. With the notable exception of two former sWapo
student activists, the club could not draw its legitimacy either from participation in the
liberation struggle or from its contribution to education in the region (fumanti 2006,
2007). as i show elsewhere (fumanti 2003, 2004a), these are decisively important fac-
tors for access to the towns public life.


of course the shinyewile Club is not the gathering of a powerless and marginal youth
whose only instrument of opposition is mockery addressed in good measure against a
distant and foreign power. on the contrary, in this case there is no mimesis and alter-
ity, as in Taussig (1993): here the youth are young civil servants, many with a tertiary
education and a command over technology, both in the foucaultian sense (1977) and
as in information technology. Yet the creation and the activities of this youth club help
to capture well a certain post-apartheid mood of disenchantment and disappointment
with the recent political climate and the current economic situation. More specifically,
the club underlines a youthful desire to reach the status of modern and cosmopolitan
elites in the context of a generational struggle situated in the emerging social, economi-


. Ru-Kwangali is the languageof theVa-Kwangali and is themostwidely spoken language in
theKavangoregionofNamibia.This regionhasapopulationof0,000dividedamong six
majorethnicgroups,Va-Kwangali,Va-Mbunza,Va-Sambyu,Va-Gciriku,A-MbukushuandVa-
Nyemba.Theseethnicgroupsspeakdifferentlanguagescloselyrelatedtooneanother.






Mat t i a Fuman t i


cal and political cleavages across the country and the southern african region. it was
one of the most junior club members who, reflecting on the clubs activities, told me
how for him the club was a major achievement because, contrary to other associations
in town, its activities were not based on seniority or on the holding of formal titles or
political affiliation, but more on an egalitarian and collegial form: You see a lot of these
people in town. These big people, they dont really open it up. They feel somehow supe-
rior. dont give chances. But our club was different.


in order to unpack the political message of the club, i focus my paper on the for-
mality and officialdom, on the inner sociality and conviviality of this group of young
civil servants (see pons 1959 for comparative analysis). in my analysis, i reveal how
distinction (Bourdieu 1986) exemplified in the use of formal titles, in the command of
officialdom and bureaucratic language are important aspects of this youth subjectivity.
Their use of officialdom and bureaucratic language echoes their practices in their daily
work. Jokes and mockery are also part of the activities of the club, yet in order to claim
their share in rundu public life the shinyewile Club made concrete facts the mark of
its distinction, and the reproduction and enactment of officialdom played a central part
in the sociality of the club. i call this the culture of officialdom. With this expression,
i want to capture the highly formal and standardised style in which public occasions,
gatherings and events are represented and celebrated in performance in post-apartheid
Namibia. This culture, drawn from state public representation and bureaucratic for-
malism, is very pervasive and covers almost any social event, even rites of passage, with
its rich texture. further, it is a culture that the post-apartheid Namibian elite use as a
mark of their distinction and hierarchical position (fumanti 2006).


it is this shared culture of officialdom between two different generations of the
elite and their quest for distinction that bring fresh problematics into Namibias post-
apartheid governance and the process of elite formation. officialdom in Namibia is a
highly ritualised culture and to master this culture is a mark of ones own education
and distinction. in visiting the offices of the local elite in rundu, i was always struck
by the quasi-religious dimension of this experience, what Weber aptly described as the
charisma of the office (Weber 1967). The display of certificates, of mottoes and wise
words and the emphasis on professionalism, individual achievement and sacrifice in
these officials discourses provided a symbolic aura around their official persona (fu-
manti 2006:956). further, it represented, through a symbolic play, how a certain form
of ritualised officialdom becomes a self-evident guarantee of basic governance (spencer
1968:23). The competition over this form of knowledge and its correct performance
between two generations of elites was at the core of the shinyewile Clubs activities.
and yet, in the process of legitimating themselves as moral players in rundus public
sphere, this youth elite undertakes an intergenerational dialogue with the senior elite
in power.


in my analysis, a double movement is seen in the clubs performances. although the
youth elite distances itself from the senior generation by pointing out its ineffectiveness
in delivering officialdom, their intergenerational dialogue remains confined within the
realm of civility. There is in public the appearance, and in good measure the actual
enforcement, of an assumption of agreement between the youth and senior generations.


. InterviewwithM00






Im a g in in g p o s t - a pa r t h e i d s o c i e t y a n d c u l t u r e


The members of this youth elite are conscious of the symbolic continuity between the
respectful and those who would be respected. in this sense, the process of elite for-
mation, although it is the expression of different generational experiences and career
choices, remains inscribed in powerful local idioms of respect and civility. These idioms
are not the expression of fear for authoritarian practices, but are based on the public
recognition, despite the recent disclosures and government blunders, of the senior elites
contribution to the liberation struggle, the building of postcolonial educational institu-
tions and the wider process of nation-building (fumanti 2006). further, they are the
expression of a local culture in which generational relationships are regulated in public
through respectful behaviour, what in ru-kwangali is known as efumano, respect. To
have, acquire and perform efumano is central to the making of kavango personhood
and regulates social relationships across age and gender (fumanti 2003). in the case of
the shinyewile Club, the disappointment and disenchantment with the state of post-
apartheid Namibia was expressed in the club through careful and ambiguous perform-
ances balancing respect and playfulness.


i call these youthful performances evocative transcripts, after Caroline Humphreys
usage: The term evocative indicates a text that is intended to elicit or evoke a particu-
lar interpretation beyond the surface meaning. evocative transcripts are ambiguous by
design (1994:23). Writing on post-socialist Mongolia, Humphreys demonstrates that
the evocative transcript does not operate behind the scenes, as scott suggests for the
hidden transcript (1990). instead, it operates openly, but through duality and equivo-
cation, and it was a common resource for all, if only in their imagination (1994:23).
furthermore, according to scotts notion, the social reproduction of texts occurs in
social gatherings where people of a certain social class can express themselves solely to
one another. This has an empowering effect, which rests on concealment from the other
side. The evocative transcript, Humphreys argues, has its main form in the throwing
in the social arena, as it were, of texts that are memorably ambiguous (1994:25). in ac-
cord with that, the word shinyewile ambiguously entering the social arena of rundu
through the activities of the youth club bearing its name, allowed this youth elite to
participate in the public sphere of rundu without taking a confrontational attitude and
within the realm of civility and respect. This took place through the use of a language
that, in Humphreys terms, is in a sense but not in a very strong sense the preserve
of the other side (1994:27).


Here i will give an actual example of the ambiguous nature of the name shinyewile,
because it illustrates the way these youths managed their club name in the public sphere.
other peers and senior elite members often confronted club members on the meaning
of the word shinyewile. on one of these occasions, a senior sWapo member argued
that the name was definitely an insult and it was shameful that people could use such
a name to promote their club activities. after this elder finished his tirade, one youth,
without losing his composure and looking as serious as possible, replied: as you know
very well there is not such a word in our languages, whether ru-kwangali, ru-Gciriku,
Ti-Mbuskushu or even ru-Nyemba. and you know that. This word is just a joke and
does not mean anything. so? The elder, looking rather puzzled at the youths answer,


. Ru-Gciriku,Ti-Mbukushu andRu-Nyemba are the languages spokenby theVa-Gciriku,A-
MbukushuandtheVa-Nyembarespectively.




0


Mat t i a Fuman t i


added: it might not exist, or might not mean anything, but it does not sound nice.
The clubs name is deliberately ambiguous, something that can be detected by the elite
in power but not completely, leaving space for manoeuvre.


Joking and playfulness in the shinyewile Club
There is a great deal of joking and playfulness among the shinyewile friends. The bu-
reaucratic language is treated to something of a post-mortem. The everyday expressions
of bureaucracy and official gatherings are subjected to dissection and dismembering.
They are ridiculed, even to the extent of blasphemy, in the most mundane activities.


To ask someone for a beer becomes can we address the issue of beers? Very often,
periphrasis and metonymies are used to display skill in language playfulness. The above
expression would become can we address the issue of some of this locally brewed stuff?
Most often, this linguistic ability is directed towards the speech at official gatherings.
also, there was a playful use of certain expressions, with to shine being the ultimate
words to describe everything. it can be used to describe various occasions and, in every
context, it assumes a different meaning: to shine at work means to have a rewarding day;
to shine on a project, means to implement a project successfully; to shine on beers, de-
scribes a heavy and joyful drinking session; to shine on someone means to give someone
a hard time; to shine each other means to have sex. all in all, the expression to shine
implies a sense of excellence and of accomplishment, and it suits both the playfulness,
and at the same time, the high expectations of this youth elite.


The language playfulness has its rich repertoire of metonymies and metaphors and
the ability to create neologisms or draw from unusual english words to describe mun-
dane activities. in a recent phone call, i was told that the word shine was paired with
the expression quaff, signifying the distinctiveness of the youth club. The youth club
is exclusive not only because of the high social capital of these young men, but also
because of their ability to speak english, the official language of the Namibian state. in
this respect, their ability to command the new language of the state sets them in opposi-
tion to the old generation, who came to learn english at a later stage in life and are now
in a linguistically disadvantaged position vis á vis this youth elite.


in one episode that circulated for months among this youth elite, an incident in the
parliament highlighted the founding sWapo generations inadequacy in mastering the
official language. during a debate on the national budget, a member of the opposition
addressed a female sWapo Mp as blowing hot air. This gave rise to an equivocal
interpretation. The sWapo Mp in question, not knowing the meaning of this eng-
lish expression, asked the speaker of the parliament to impose a limit on the offensive
language of the opposition Mp: How can he tell a woman like me that i am blowing
hot air? The discussion in parliament became very heated when male members of the
ruling sWapo party stepped in to defend her. Yes, how can you dare saying to our
female Mp that she is farting? was the final word of one Mp. By dissecting and re-
proposing this episode ad libitum, the shinyewile friends distance themselves from the
inadequate and embarrassing public performances of the sWapo elite. in contrast to
sWapos failure to command the new language of officialdom, they aim to bring to


. Hotairraisesstink,The Namibian0/0/00






Im a g in in g p o s t - a pa r t h e i d s o c i e t y a n d c u l t u r e


the fore their own sophistication in their ability to use and master this language, both
in its written and spoken form.


it is not by chance that the preferred target for these jokes is in fact the former
president of Namibia sam Nujoma, His excellency as he is referred to in the official
language of the Namibian state. The episodes around his persona are infinite, a huge
repertoire of mistakes or embarrassing statements and performances. That is the way
they describe his mistakes, as blunders. His colourful expressions have become a source
of great laughter and are dissected and extrapolated from their original context until
they inhabit the playful world of youth jargon as familiar linguistic expressions. Here i
list a few examples: uNiTa bandits will feel the pinch of their own undertaking, has
become the expression to refer to a great drinking session: last night i felt the pinch
of my own undertaking; i will use the same tactics used in the liberation struggle,
refers to any aim the person might have, whether the successful courting of a woman
or the implementation of some of the programmes of the club. even more illuminating
is the presence within these jokes of past and present african leaders, in particular Ca-
naan Banana, amin dada, Mobutu sese seko, kenneth kaunda, Jean-Bedel Bokassa
and robert Mugabe. These historical figures inhabit and are present in the jokes of the
members of the club. Their grotesque, obscene and colourful expressions are similarly
dissected and laughed at, and mockery is directed towards their vulgarity and obscen-
ity (Mbembe 1992a, b). Members of the club would endlessly joke about the story of
Banana raping his bodyguard. some of the members saw a connection between this and
Mugabes anti-homosexual campaign: i think the guy [i.e., Mugabe] these days, he is
so angry with homosexuals because he was shined by Banana and he is trying to hide
his homosexuality. amin, Bokassa and Mobutu were simply remembered for their bru-
tal methods and their madness: These guys were crazy. in one particular case, i was
given a copy of a speech that was circulating among these friends and allegedly given by
amin dada and entitled a tongue similar to english.


After a luncheon hosted by the Queen in London in his honour the former President of Uganda,
Field Marshal Alhaji Amin Dada, had this say for his vote of thanks. Mr Queen Sir, horrible
Ministers, invented guests, ladies under gentlemen, I thank the Queen very plenty for what she
has done to me. I tell you I have eaten so much that I am now completely fed up with malicious
meal. Before I continue, I would kindly ask you to open the windows so that the climate may get
in plentily. But before I go back, I must invite Mr Queen to my country and I can assure you,
Mr Queen, that when you come, I shall revenge to you. You will eat a full cow. You will enjoy
yourself to the top and I will work very difficult to make sure that you will go back with a very full
stomach. For now, I am sorry to tell you that I have just made a short call on you. The next time,
I will make a long one possible for a full moon. Thank you very much for letting me undress you
in front of all the disgusting people.


it is worth noting that the linguistic playfulness, as in the name of the club itself, draws
elements from the local cultural context. it was not directed only towards the official-
dom of the state. in particular, as in the example above, there is a rich repertoire of nick-
names and jokes. almost everybody in this club and the wider circle of friends within


. HisExcellency(H.E)isacommontitleforstatepresidentsinSouthernAfrica.






Mat t i a Fuman t i


this group of youths has a nickname: the hippo, because of a loud snoring habit; the
giraffe, because of his long neck, height and slim body; Nkwapa (armpit) because of a
sore armpit; and the diamond, because he had two red spots on his neck. one favourite
term is lichiti. lichiti, i was told, is the creature of the wild, a mysterious creature liv-
ing in the bush and associated with witchcraft (see MacGurk 1981). These youths would
refer to each other as ove lichiti (you, lichiti), just out of playfulness.


sometimes, they would draw their repertoire from kinship terms. in particular, they
would often refer to each other as tamwei, male in-law of the generation above or below
ego, and when talking to a girl with whom they have familiarity they would address her
as ngumwei, female in-law of the generation above or below ego. also, other terms such
as Vashe, maternal uncle in Ru-Gciriku, or janane, brother, were commonly used. even
the attribute of the chief, hompa, can be used to slag each-other off as in tate kuru, the
old first one. This is an interesting aspect of their sociality that is worthy of some com-
ment. The members of this youth elite bring in kinship terminology to convey quasi-
kinship bonds with each other. it is also important to recall here that many of these
youth informants have kin members within their circle of closest friends. Moreover,
some of their friends are people who grew up in the same village, or are fellow tribes-
men. elsewhere (fumanti 2003), i have shown the way in which these young urbanites
have kept their links with their villages of origin, and the way in which the rural shades
into the urban and vice versa.


This playful and jokey practice in the club is best understood when it, and the club
itself, is seen to be deeply intertwined with and derived from officialdom, the significant
other of the club. To shift the metaphor, one might say that the club and its practices
form the mirror image of officialdom, rather than being an original with its own au-
tonomous existence. furthermore, the pull of officialdom is seen in the fact that, for all
the playfulness of its genesis in shinyewile, the creation of the club became a serious
endeavour. To think of it as an excuse to meet each other and simply continue with jokes
and laughter would be a mistake. admittedly, its nature is playful, but the formality of
the club is equally important to the shinyewile clubs sociality and its genesis.


Creating a youth club: formality, officialdom and facts
placing great emphasis on officialdom, the club organisation and its activities were con-
ducted after quasi-maniacal research into the use of official details. everything was
formalised and given an official form. The constitution, written in a standard format
copied from an internet web-site called the league of gentlemen, was divided into the
following sections: operating principles, service to members, aims, structures and aims,
membership, objectives, membership fees, rights of the members, obligations of the
members, termination of membership, the executive, election of the office bearers, and
term of office. The following text reproduces some of the main points as stated in the
original constitution.






Im a g in in g p o s t - a pa r t h e i d s o c i e t y a n d c u l t u r e


THe CoNsTiTuTioN of THe sHiNYeWile CluB


as approVed BY THe aNNual GeNeral MeeTiNG, JulY 2000 oMasHare riVer lodGe


Introduction
Generally speaking, the club is viewed as a non profit institution brought into existence
to serve certain prescribed ends. Those who need such an institution agree to pay a fixed
subscription at periodic intervals to meet the cost of maintaining it.


Structure aims and benefits
The club comprised a group of people who join together to save money, start businesses,
make loans to each other at low rate of interest share and are united by a common bond
of interest and purpose.


Membership
anyone who falls within a common bond and whose written application to join the
union is:
recommended by at least two members of the union
approved by the committee


Objectives
To encourage regular saving of money among members
To create a source of credit for productive and providential purposes at a fair and reason-


able rate of interest
To foster human and social development within the broader community
To help members use their resources to the best advantage
To support the well-being, defend and promote the economic conditions of its mem-


bers
To promote and foster togetherness among its members
To arrange and promote income-generating activities, exhibitions, symposia, lectures,


and advertising campaigns with a view to improving the league
To promote and distribute different forms of information so as to keep the club members


aware of current life conditions and markets, impending legislation, new business
methods and techniques


The club meetings were called weeks in advance through the presentation of letters of
invitation. The letters would be drawn up using computer software and following a rig-
orous formalism. also, the venue of these meetings played a relevant role, as in the above
example, which took place at a rundu lodge that is very popular among government
officials as a preferred venue for workshops and official meetings. The agenda would
follow the usual protocol for official government meetings: opening remarks, reading
of minutes of previous meeting, points of discussion and concluding remarks. even
the positions of the members would be delineated. The meeting would be conducted
in a collegial and democratic manner. all the points would be discussed among the






Mat t i a Fuman t i


members and voted on by raising hands. The club officers were chosen in open votes
and the appointments to posts would be formalised through letters of appointment and
consequent acceptance, as in the following cases:


Shinyewile Club
Rundu 24/07/2000


Dear Sir/Madam,
We wish to inform you that, following the meeting of the Shinyewile Club on 23/07/2000,
you have been appointed with immediate effect to the position of additional member of the
Executive Committee of the Club.
You are required to confirm in writing to the Executive Secretary of the club your decision
concerning the above mentioned post.
The answer should be delivered within three days from the receiving of this notice.
We sincerely hope you will accept this position in the true spirit of the Shinyewile Club.


Yours sincerely,
The Executive Secretary The President


To: The President
Attention: The Executive Secretary


Re: acceptance of appointment
Subsequent to the receipt of your letter dated 24 July, 2000 refers.
I have the honour and privilege to inform you that I have accepted my appointment as an
additional member of the Shinyewile Club.


Yours faithfully,


The club meetings were recorded in minutes, which would then be circulated among the
club members. finally, special care was taken regarding the financial side of the club. in
drawing up the club structure at the first meeting, great emphasis was placed on finance.
The club members decided to appoint a treasurer and, in recognition of the very delicate
nature of this post, they decided to appoint two financial advisors to monitor the treas-
urers activities. also, since the club finances were to be collected through a monthly
membership fee, there was a need to open a bank account. in order to maintain trans-
parency and accountability, three people had signing rights at the bank. i still remember
the hours they spent filling in papers and having their signatures checked at the local
branch of first National Bank of Namibia when they opened the account.


Besides the rather vague and ambiguous nature of the club as stated in the constitu-
tion, i want to argue here that the punctilious emphasis on producing facts, the quasi-
maniacal care for details, the minutes, the formal organisation of the meetings, and the
collective decisions of the club were all set in opposition to the charade of officialdom
performed by the power elite. The correct usage of the written material became associ-
ated with facts, as if the correct performances of officialdom would allow the delivery of






Im a g in in g p o s t - a pa r t h e i d s o c i e t y a n d c u l t u r e


governance. We have to produce facts was the constant refrain during these meetings
and the clubs members were invited to be seriously committed to achieving the clubs
objectives. The clubs achievements, the facts, became the most important thing to be
mentioned (we have proven ourselves good) and were set in opposition to the failure
of past and present associations in town.


on many occasions during my fieldwork, the youth elite reminded me of the failures
of previous projects and local NGos. Two of them, in particular, were always men-
tioned as bad examples, not to be followed (see fumanti 2004a). To give a brief example
here, when the activities of the shinyewile Club almost came to a standstill due to a
falling off in enthusiasm and personal disagreements, several meetings were called to
redress the situation. However, the quorum necessary to implement future plans was
difficult to achieve. on one of these occasions, a club member addressed the meeting
in the following terms, calling for more responsible behaviour: Come on guys, lets not
fuck this thing again. lets not do like the other projects in town. We cannot embarrass
ourselves like this.


as the ethnographic example illustrates, there was a very strong association between
the written forms and the idea of facts. By facts, the shinyewile friends would mean
not only the practical accomplishments of the club, but also the written material, the
documentation they would produce, which would stand against any possible future
accusations. This was a further reason for the club to prove its transparency and ac-
countability: the club had to avoid accusations of corruption. for this very reason, these
guys kept the club as exclusive as possible. The fear of being associated with the wrong
people was very strong, since such association could place the future of the club at risk.
shinyewile Club members are people who look keenly at the means and methods for the
reproduction of the elite. for them, social performance gives them a mark of personal
distinction. They have their eyes on upward mobility, a reachable good in their view.
They have in mind a process of social formation, and what they are concerned about is
finesse, the artfulness of social life as it is respectfully managed in public performance,
and they know about the pitfalls and the risks of being associated with the wrong peo-
ple. They have a very strong sense of social accomplishment. The members of this youth
elite are therefore living within a world of accomplishment, indeed an achievers world.


officialdom, civility and respect in the organisation
of a successful history symposium
in this section, i consider the problematic relationship between the founding sWapo
elite and the youth elite generation of the shinyewile Club by describing the clubs or-
ganisation of a public event, the rundu History symposium. in this event, officialdom,
as well as respect and civility in the public space, play a fundamental role that affects the
successful organisation of the event.


in June 2001, as part of its activities, the shinyewile Club organised a history sym-
posium. When the president of the club announced the idea of the symposium in feb-
ruary 2001, club members reacted enthusiastically as they saw the project as a way to
enter rundu public space and to give notoriety and public esteem to the club. as one
of the youth commented: i think it is a great idea. We will invite a lot of people, these






Mat t i a Fuman t i


academics, church leaders, traditional leaders and so on. and we will show them that
the shinyewile can organise any event. up to that moment in fact, club activities had
been limited to the organisation of two youth events, the Miss kavango Beauty pageant
and the rundu Beach festival. Both events had been very successful. in particular, the
beach festival, which took place over the Christmas season of 2000 at rundu beach,
a popular spot on the okavango river, attracted large crowds of youths who travelled
across the region to attend the event. for two weeks, it provided an alternative for the
towns and regions youth to the few nightclubs and other entertainments. Nevertheless,
because of their youthful character, these events failed to attract the esteem the youth
were aiming to secure from the founding elite, who, up till then, had seen the clubs
activities as those of nothing more than a club of youngsters, if not ignoring them all
together.


organising the symposium became a four-month endeavour in which the club mem-
bers gave great prominence to formalities and officialdom. Club meetings were called on
a regular weekly basis to discuss over and over what the youth alternatively defined, us-
ing official jargon, as the operationality or technicalities of the events. With these two
terms, club members had in mind both the logistics of the events, such as the venue and
the sponsorship, as well as the formalities, the event programmes, the list of panellists,
the letters of invitation. since the symposium was seen as an important event for the
recognition of the club it was essential that every detail should be continuously checked
and collegially approved according to its seriousness. seriousness, the main expression
used in the course of these club meetings, became dialectically opposed to the playful-
ness and jokey atmosphere of the off-stage youth gatherings. Contrary to the mockery
and laughter, seriousness was perceived as the only possible attitude for the successful
organisation of the symposium, to prove, as it were, the ability of these young men to
deliver in contrast to and in opposition to the failures of the founding elite.


The programme of the event was constantly drawn and redrawn. although the origi-
nal intent of the symposium was to focus exclusively on the early colonial history of
rundu, on its foundation and origin, in the course of these meetings it was decided to
widen its content. under the ambitious title of rundu in the New Millennium. facing
the future through the prism of the past, the conference was divided into four major
panels: precolonial and early Colonial History of kavango, labour Migration in the
kavango region, pre and post-independence education in the kavango region and
sWapo, the Church and the liberation struggle in the kavango region.


The reasons for this wider programme were twofold. on the one hand, the aim
was to cover the greater number of historical events that club members saw as the most
significant in the history of kavango and Namibia at large: Come on guys, one youth
commented, We cannot organise a history symposium and not talk about the role of
the church, the struggle and even of education. We cannot embarrass ourselves like this.
This is the history of this region and of this country. on the other hand, it had practi-
cal and strategic motivations too. With the ambitious intention of making an impact
in the community, as one youth said, the club members became aware that the senior
sWapo elite generation should be given the appropriate space in the symposium, We
have to include these sWapo guys here and give them some space. i am sure they
would like to talk about the post-independence period. Not inviting the sWapo elite
was seen as both an open and defiant act vis à vis the senior generation and also as a






Im a g in in g p o s t - a pa r t h e i d s o c i e t y a n d c u l t u r e


dangerous political confrontation with the sWapo establishment: We should make
sure these sWapo guys do not think that we have a hidden agenda. You know they are
so wary these days. Yet the programme was carefully drawn up so as not to turn the
symposium into a sWapo party rally, as one youth put it, or as a further occasion
for the legitimation of the senior sWapo generation. The choice of the speakers and
the composition of the panel then became very important so as to counterbalance the
prominent role of the sWapo elite.


The two panels on the colonial history of the region and labour migration became
exclusively youthful terrain. all the speakers, with the notable exception of me, were
Ba or Ma students in the department of history at the university of Namibia and
members of the uNaM History society, then presided over by dr. Jeremy silvester. all
originally from kavango, the students presented the results of their own fieldwork on
a wide range of topics to the conference, from the role of the Catholic missionaries in
the region to the establishment of the Vakwangali kingdom, from the establishment of
labour migration in the region to the angolan immigration into rundu. although not
part of the club, the speakers were known to the club members and in some cases were
their kin. further, the panel on education, although chaired by the deputy director of
education in the kavango region and having among its panellists the director of educa-
tion and the regional cultural officer, also included Mr. C, a retired school principal and
a member of the apartheid-era kavango cabinet. Mr. C, who served in the kavango
legislative council in different portfolios, is in fact another respected member of the
ancien régime generation to whom this youth elite often refers in their intergenerational
dialogue with the founding sWapo elite (see fumanti 2003, 2004a). By inviting mem-
bers of the older generation to share a panel on education with the founding sWapo
elite, this youth aimed to concretise the dialogue between the three generations. also,
rather ambitiously, they thought it possible to foreground an alternative narrative in the
public space and to undermine the rhetoric of the founding generation elite on school-
ing during apartheid: it would be good to have some of these old people. so we will all
know how these guys really got their degrees. although other eminent figures of that
older generation were invited to the symposium, such as the former minister of educa-
tion in the kavango cabinet and the former minister of health and social services in the
kavango cabinet, only Mr. C was able to attend the conference.


The club members brought great skill to the formal organisation of this event. The
letters of invitation were written with great care, with a quasi-obsessive concentration
on details. The language and the phrasing used in these letters were relevant in showing
their command over officialdom. Moreover, the right order of speakers and their role
in the symposium were issues widely discussed in these meetings. for this youth, it was
important that people were given adequate space and time, according to the relative
prestige and prominence of their positions. Who should be the master of ceremonies as
opposed to who would give the keynote address? Who would chair the various panels
as opposed to who would give the concluding remarks? These questions widely debat-
ed. as young civil servants and employees of foreign-based organisations and NGos,
all of them have a great deal of experience of symposia and workshops and know a
great deal about the expectations of the guests, panellists and convenors. Workshops, or
talkshops, as one member of this youth elite defined them rather dismissively, are an
important feature of post-independence Namibia. organised over two- or three-day pe-






Mat t i a Fuman t i


riods, these occasions involve a huge expenses, partly funded by government and partly
by foreign donors. usually these seminars are held in very exclusive tourist lodges and
participants full expenses, including travel, accommodation and extras, are covered. a
great concern in the successful organisation of the event is to provide the dignitaries,
as the elite are often referred to, with all the comforts. long and frequent coffee breaks
and large amounts of food should be offered to the guests. a complete and sumptuous
lunch with several courses should be a priority, with no regard for the budget involved,
because conviviality and sociality are important aspects if an event is to be successful.


Thus, catering and the choice for the venue became a great concern for this youth
group. aiming to lay a milestone in the history of rundu, the club members decided to
organise the symposium at one of the local lodges, as is usual for such events in rundu.
The chosen venue, the omashare river lodge, a portuguese-owned lodge in town, is a
regular venue for government and NGo workshops alike, and, because of its exclusive
ambience, possesses the favourite bar of the founding sWapo elite. Nevertheless, after
unsuccessful attempts to raise enough funds for the event from local white business-
men, the club had to find a more affordable alternative. following one members suc-
cessful intervention, lux-development, the luxemburg-government funded develop-
ment agency, agreed to offer a space for the venue and to cover the catering expenses.
The symposium would take place at rundu open Market, which had in recent years
become a venue for various public events, such as beauty pageants, concerts and work-
shops. With great reluctance, the club members accepted the offer. The open Market
was seen as unsuitable for a serious event such as a symposium, and some club members
feared a possible failure. as one youth put it: We cannot afford to embarrass ourselves.
please guys lets make sure this thing will work out.


The day of the symposium, i arrive at the market in the early hours of the morning
and find one youth wearing a very elegant suit with the brand label ostensibly sewn
on his sleeves in the Namibian fashion style. He looks excited. Man you look very
elegant, i say to him. What else! he replies, looking rather surprised by my obvious
remark, i am here to receive the dignitaries. By the way, he comments en passant,
some of them are here already and are complaining because of the place, i told you guys
it was not the right place ... But anyway ... He throws in this last remark shrugging his
shoulders.


i walk to the back of the market where the symposium has been scheduled to take
place. as promised, all the covering boards have been put in place and the guests are
starting to arrive and, directed according to the efficient protocol, are proceeding with
registration. after a half hour delay and a strong wind that blows off some of the boards,
the panel discussion gathers momentum. from time to time, i look around and meet
the gaze of the other club members. They wink at me, looking satisfied. The lunch is
served on time and the guests indulge for a while in amiable conversation while eating
the large amount of mutete (wild spinach), yisima (mahangu porridge), fried fish and
chicken brought in for the occasion.


The event ends with a very convivial braai (barbecue), which some of the sWapo
elite members attend. The braai becomes an occasion for me to see civility and respect in
public at play. The two generations sit around different braai stands and somehow keep
themselves apart from one another, both maintaining a serious and respectful attitude.






Im a g in in g p o s t - a pa r t h e i d s o c i e t y a n d c u l t u r e


That night, none of my friends ventures on to the dance floor and, most interestingly,
they drink very few beers: You cannot shine when these guys are around.


Conclusion
in rundu, as in more of postcolonial africa than has hitherto been recognised, play-
fulness and officialdom are deeply intertwined. The former provides an instrument for
distancing oneself from the way leaders perform in public, establishing what should not
be done. The latter, by contrast, reminds citizens and even the officials themselves of the
officials command of technology, in foucaultian terms, as a prerequisite to delivering
services in the highly bureaucratic arena of rundu. Much criticism, even by the officials
themselves, especially the young elite, is not directed at officialdom as such, but at the
way it is commanded. officialdom is not a self-evident authority. it is perceived as hav-
ing authority if correctly conducted. in the perception of this youth elite in rundu, the
correct performance of officialdom leads to delivery and civility, which in turn brings
social accomplishment. There is in this sense a moral distinction between successive
generations with regard to the way governance in post-apartheid Namibia is under-
stood. for these youths, who have been educated in a post-apartheid Namibia and work
for foreign NGos and the private sector, the language of officialdom has been enriched
with the new terminology of accountability, delivery and sustainability. This new lan-
guage, as i show in this paper, goes beyond the self-evidence of authority embraced by
sWapo at independence.


in support of my argument, made more explicit through my ethnography, i turn to
a dissonance between the centre and the periphery of the Namibian nation-state and
to the increasing process of swapo-isation of politics. for this purpose, i paraphrase
Norma krigers label for a trend in similar post-independence political life in Zimbabwe
(1995). swapo-isation, advanced by official state gatherings and a strong rhetoric of self-
legitimation and moral unchallengeability, has led, i argue, to the creation of an idea of
authority as self-evident. By this, i mean an authority which is represented as obvious
and as therefore needing no further proof besides sWapo party membership and self-
defined professionalism.


More and more often, the government is drawing its legitimacy from the moral
weight of the nationalist past, especially from the heroics of the liberation struggle.
The structures within the party are divided into ranks according to seniority, that is
according to party members involvement in the liberation struggle or their long-term
commitment to party politics. The debate on who owns the heroes (see the debate on
ownership and state memorialism: kriger 1995; Werbner 1998) has acquired a wide
public dimension with the inauguration in august 2002 of a massive Heroes acre in the
capital Windhoek and more recently with the building of the controversial new state
house. furthermore, military events in Caprivi, angola and the drC have provided


. Heroes acre: their bloodwaters our freedom special supplement inNew Era, 0August
00;HeroesDaysupplement,The Namibian,/0/00.


. StateHousecosts:guess!The Namibian,0/0/00




0


Mat t i a Fuman t i


fertile opportunities for drawing the country into a renewed heroisation of sWapo
(see Melber 2003a).


recent political events and their consequences, being central to the daily debates
and the discussions of these youth, affect much of their moral reasoning and political
sensitivities. in a recent contribution on youth subjectivities in africa, durham argues
that:


New forms of political participation and authority exclude and include youth in novel ways,
and debates about those forms are debates about the nature of citizenship, responsibilities
and the moral, immoral and amoral nature of social action, issues particularly acute for
youth, whose memberships are rapidly changing and multiple (2000:114).


following this suggestion, i want to clarify how, in rundu, issues of leadership, succes-
sion and inheritance are important for a youth staking their claims to be the future elite
of rundu. Their moral reasoning reflects much more than the disenchantment of young
bureaucrats over the difficulties in their career advancement. Their moral reasoning
arises within the wider context of the recent economic and social transformations and
the post-apartheid political climate so pervasive across the country. These changes are
affecting the Namibian youth in often unprecedented ways, bringing to the fore a new
generational rift between the sWapo anti-apartheid generation now in power and the
current and future generations educated and raised in an independent nation. This rift
cuts across the emergent class structure as the youth elite in rundu shares a similar dis-
enchantment and concern for the current situation with the rest of the Namibian youth.
of course the instrument and the motives to challenge the generation in power will
vary across class, age and gender, from personal recognition and upward mobility, to
a better education, employment, leisure activities, and also for womens representation
and gender equality. as i show in this paper, being employed, educated and being able
to master the old and new language of officialdom is certainly an advantage that only
a few youth have in Namibia. and yet beyond the increasing polarisation in Namibias
society, the lack of political representation and the official narrative of violence, the mar-
ginality and despair, the youth in Namibia are asserting their agency in the making of
post-apartheid society and culture through their different involvements in the countrys
public sphere. often the outcomes of these initiatives are only ephemeral and inscribed
within powerful idioms of respectability and civility, and yet they are fundamental for
the making of youthful subjectivities and the process of self-fashioning different from
the one proposed in the dominant discourses. Here i have examined how a group of
youth elite through the careful negotiation of playfulness, civility and officialdom try
to assert their role in rundus public sphere and rob the founding elite, but only within
the clubs exclusiveness, of the unchallengeable mantle of the past built upon the desta-
bilised and traumatic experience of the liberation struggle and of apartheid education
(fumanti 2006). in the process, they form a youthful subjectivity directed towards
imagining post-apartheid Namibia in moral terms as a society constructed around the
force of ethics, good governance and the public good.


.SeeTheNamibianarchivefortheperiod000.www.thenamibian.com.na






Im a g in in g p o s t - a pa r t h e i d s o c i e t y a n d c u l t u r e


references


abbink, J. and i. Van kessel (eds), 2005, Vanguards or Vandals. Youth, Politics and Conflict
in Africa. african dynamics Vol 4. leiden and Boston: Brill


Bourdieu, p. (1998), The State Nobility. Harvard: polity press
(2006), Distinction. A Social Critique of the Judgement of Taste. New York and london:


routledge
Carton, B. (2000), Blood from Your Children: the Colonial Origins of Generational conflict in


South Africa. Charlottesville: university press of Virginia
durham, d. (2000), Youth and the social imagination in africa in Anthropological


Quarterly, 73(3):113120
foucault, M. (1977), Discipline and Punish. Harmondsworth: penguin
fumanti, M. (2003), Youth, Elites and Distinction in a Northern Namibian Town.


unpublished phd Thesis. university of Manchester
(2004a), elites, sport and the state: The Ministry of Basic education, sport and Culture


and the Building of public life in post-apartheid rundu, in BAB working paper
series,
Vol. 1:2004


(2004b), The Making of fieldwork/er: debating agency in elite research, in Anthropology
Matters, Vol. 6:(2)


(2006), Nation Building and the Battle for Consciousness: discourses on education in
post-apartheid Namibia, in Social Analysis 50(3):84108


(2007), Burying e.s.: educated elites, subjectivity and distinction in rundu,
Namibia, in Journal of Southern African Studies, 33(3):46983


Gable, e. (2000), The culture development Club: Youth, Neo-Tradition and the
Construction of society in Guinea Bissau, Anthropological Quarterly, 73(3):195203


Glaser, C. (2000), Bo-Tsotsi. The youth gangs of Soweto 193576. oxford: James Currey
Gondola, d. (1999), dream and drama: The search for elegance among Congolese


Youth, African Studies Review, Vol. 42(1):2348
Humphrey, C. (1994), remembering an enemy. The Bogd khaan in Twentieth Century


Mongolia, in r.s. Watson (ed), Memory, History and Opposition Under State
Socialism
. santa fe: school of american research press


kriger, N. (1995), The politics of creating National heroes, in Ngwabi Bhebe and T.
ranger (eds), Soldiers in Zimbabwes Liberation War. london: James Currey


la fontaine, J.s. (1970), Two types of Youth Group in kinshasa (léopoldville), in p.
Mayer, Socialization: the Approach from Social Anthropology. london: Tavistock


lentz, C. (1995), unity for development: Youth associations in Northwestern Ghana,
Africa, Vol. 65(3):395429


Mayer, p. and i. Mayer (1970), socialization by peers: The Youth organization of the red
Xhosa, in p. Mayer, Socialization: the Approach from Social Anthropology. london:
Tavistock


Mbembe, a. (1992a), provisional Notes on the postcolony, Africa, 62(1):337
(1992b), The Banality of power and the aesthetics of Vulgarity in the postcolony,


Public Culture, 4(2):130
McGurk, C. (1981), The sambyu, in G. Gibson, T.J. larson and C.r. McGurk C.r.


(eds), The Kavango People. Wiesbaden: franz steiner Verlag
Mckittrick, M. (2002), To Dwell Secure: Generation, Christianity and Colonialism in


Owamboland. Heinemann: Georgetown






Mat t i a Fuman t i


Melber, Henning (2003a), Namibia, land of the Brave: selective Memories on War and
Violence within Nation Building, in J. abbink, M. de Brujin, and k. van Walraven
(eds), Rethinking Resistance: Revolt and Violence in African History. leiden and
Boston: Brill, african dynamics n.2, pp. 30527.


(2003b), limits to liberation. an introduction to Namibias postcolonial political
Culture, in H. Melber (ed), Re-Examining Liberation in Namibia. Political Culture
since Independence
. uppsala: Nordiska afrikainstitutet


Møller, V. and T. Mthembu (1991), stairway to success. Youth Clubs in Greater durban,
in V. Møller (ed), Lost Generation Found. Black Youth at Leisure. indicator sa issue
focus. pretoria: indicator project south africa and Youth Centre project


Mufune, p. (2002), Youth in Namibia. social exclusion and poverty, in T. fox, p. Mufune
and V. Winterfeldt (eds), Namibia, Society, Sociology. Windhoek: university of
Namibia press


peters, k. and p. richards (1998), Why we fight: Voices of Youth Combatants in sierra
leone, Africa, 68(2):183210


pinkowksy-Tersbol, B. (2002), How to Make sense of lover relationships- kwanyama
Culture and reproductive Health, in T. fox, p. Mufune and V. Winterfeldt (eds),
Namibia, Society, Sociology. Windhoek: university of Namibia press


pons, V. (1961), Two small-groups in avenue 21: some aspects of the system of social
relations in a remote corner of stanleyville, Belgian Congo, in a. southall (eds),
Social Change in Modern Africa. oxford: oxford university press


rea, W.r. (1998), rationalising culture. Youth, elites and masquerade politics, Africa, Vol.
68(1):98117


richards, p. (2002), Fighting for the Rainforest: War Youth and Resources in Sierra Leone.
portsmouth, NH and oxford: Heinemann/James Currey


scott, J.C. (1990), Weapons of The Weak. Everyday Forms of Peasant Resistance. New Haven
and london: Yale university press


sharp, l.a. (2003), laboring for the Colony and Nation: The historicized political
consciousness of Youth in Madagascar, Critique of Anthropology, Vol. 23(1):7591


(2002), The Sacrificed Generation. Youth, History, and the Colonised Mind in Madagascar.
Berkeley, la and london: university of California press


simpson, a. (2003), Half-London in Zambia. Contested Identities in a Catholic Mission
School
. edinburgh: edinburgh university press


spencer, H. (1969), Principles of Sociology. london: Macmillan
Talavera, p. (2002), sexual Cultures in Transition in the Northern kunene: is there a Need


for a sexual revolution in Namibia?, in T. fox, p. Mufune and V. Winterfeldt (eds),
Namibia, Society, Sociology. Windhoek: university of Namibia press


Taussig, M. (1993), Mimesis and Alterity: A Particular History of the Senses. New York:
routledge


Tostensen, a., i. Tvedten and M. Vaa (2001), Associational life in African cities: popular
responses to urban crisis
. uppsala: Nordiska afrikainstitutet


Weber, M. (1967), On Charisma and Institution Building. Chicago and london: university
of Chicago press


Werbner, r. (1998), smoke from the Barrel of a Gun: postwars of the dead, Memory and
reinscription in Zimbabwe, in r. Werbner (ed), Memory and the Postcolony. African
Anthropology and the Critique of Power.
london: Zed




regional development and decentralisation


Graham Hopwood


Thirteen years after Namibias system of regional government was put in place, the 13
regional councils have very little meaningful power. The regional Councils act (act
22 of 1992) stated that regional councils are responsible for planning the development
of regions, but otherwise gave them mainly advisory powers. at the end of 1996, the
cabinet adopted a decentralisation policy and this was launched as a decentralisation
programme for Namibia in March 1998. The policy was given legal force through a
series of new laws introduced in 2000, most notably the decentralisation enabling act
(act 33 of 2000). But six years after this act became law, and despite much groundwork
being undertaken, no function of central government had been decentralised in the
manner envisaged by the act.


in 2000, then deputy Minister of regional and local Government and Housing
(MrlGH) professor Gerhard Tötemeyer (200004) (2000a:95) wrote: Namibias
history of democratic decentralisation is still in its infancy. any value judgement on
its possible success would be premature. Comments can thus only be made on its con-
tents, intentions, objectives and feasibility. in an interview with the institute for public
policy research in august 2001, then Minister of regional and local Government and
Housing dr. Nickey iyambo (19962002) (keulder 2001:1) predicted that the intro-
duction of legislation would speed up the decentralisation process. When asked about
the time lapse between the launch of the policy and its implementation, he said: The
reason for it taking so long was that at the time of formulating the policy, the law that
will govern and administer the implementation of the policy in terms of legislative
procedures was not in place. The legal framework for decentralisation has now been in
place for nearly five years, yet policy implementation is still widely seen as proceeding at
a slow pace. in an article published to mark Namibias 15th independence anniversary,
the MrlGH concluded that the lack of a timeframe for decentralisation seems to
lead to some relaxation and lack of commitment to implement the policy as a whole
(MrlGH 2005b:68).


This chapter is the edited version of an earlier publication (Hopwood 2005). it be-
gins with an overview of the historical context of decentralisation, since events prior to
Namibias independence have shaped the regional governance system in Namibia and
defined the parameters of public debate about it. The implementation of decentralisa-
tion since the inception of regional councils in 1992 is then considered, focusing on the


. OnMarch00thenameoftheministrywaschangedtotheMinistryofRegionalandLocal
Government,HousingandRuralDevelopment.Inthischapter,theministryisreferredtobythe
abbreviationMRLGHinconnectionwithitsactivitiesbeforeMarch00andbythenew
titleinrelationtoitsprogrammesandplansafterthisdate.







Graham Hopwood


progress made and the obstacles that remain. The prospects for effective decentralisa-
tion of powers to regional councils are then considered in terms of Namibias current
political situation, particularly sWapos dominance and the recent commitment to
clamping down on wasteful government spending. finally, some conclusions are offered
concerning both the discourse about decentralisation and the practical implementation
of the policy.


Historical context
any analysis of the development of regional governance in Namibia cannot be divorced
from the countrys painful history of colonialism and apartheid. The German empire
occupied what was then known as south West africa in 1884, as european powers
scrambled to carve up sub-saharan africa. during 29 years of German rule, parts of the
indigenous population were forced out of their traditional areas (particularly in central
and southern Namibia), most notoriously during the 190407 war against the Herero
and the Nama people. The German occupation ended with military defeat in 1915, as
south africa, representing the allied forces in the first World War, took over the terri-
tory. south africa continued the practice of seizing farmland in central and southern
Namibia, while restricting the indigenous population to native reserves. in 1962, pre-
toria established the odendaal Commission, which followed the apartheid thinking
of the time and recommended dividing Namibia along racial and ethnic lines into ten
homelands. The recommendations were implemented from the late 1960s onwards,
partly through the forced removal of communities.


in 1966, the south West africa peoples organisation (sWapo), which had been
formed six years earlier, launched an armed struggle for the independence of Namibia
(accepted by the united Nations as the name of the country in1968). sWapo consist-
ently campaigned for Namibia to become an independent unitary state and opposed the
policy of setting up homelands (also known as bantustans) through the popular slogan
one Namibia, one Nation. Many of the homeland governments were dominated
by tribal chiefs or headmen. The homeland system was replaced by 11 ethnic admin-
istrations in 1980, known as second tier authorities. The legislative assemblies of these
authorities were dominated by political parties such as the democratic Turnhalle alli-
ance (dTa), which would become the official opposition in 1990. in december 1988,
south africa agreed to withdraw from Namibia and allow a united Nations peace plan
to be implemented. after a century of colonial occupation and a 23-year liberation war,
Namibia held its first democratic elections, under the auspices of the united Nations,
in November 1989. a constituent assembly consisting of 72 members was elected, with
sWapo gaining the majority of seats but not a two-thirds majority that would have
enabled the party to write the constitution on its own. in february 1990, the constitu-
tion was unanimously adopted and Namibia became independent on 21 March 1990.
The system of regional councils, set out in the constitution, was established through the
regional Councils act (act 22 of 1992) and the first regional council elections were
held from 30 November to 3 december1992. sWapo has dominated every election
at local, regional and national levels since independence, and since 1994 the party
has held a two-thirds majority in the National assembly, giving it the power to change




R e g i on a l d e v e l o pm e n t a n d d e c e n t r a l i s a t i on






R e g i on a l d e v e l o pm e n t a n d d e c e n t r a l i s a t i on


the constitution. The second chamber of parliament, the National Council, which re-
views legislation after it has passed through the National assembly, is made up of two
regional councillors from each of the 13 regions. They are nominated to serve in the
National Council by their fellow regional councillors.


Namibia is constituted as a sovereign, secular, democratic and unitary state (re-
public of Namibia 1997:1). a unitary state is run by a centralised, national government
and any decentralisation of powers, responsibilities and functions to lower tiers of gov-
ernment can be revoked by the central government. a federation, in contrast, consists
of self-governing regions operating under a central government. The governing powers
of the regions are usually constitutionally entrenched and cannot easily be overriden
by central government. The homeland policy of the south african apartheid govern-
ment designated areas for black people, usually along ethnic lines. These bantustans, as
they became known, were reviled by the indigenous population and never recognised
internationally even though some were given an independent status by pretoria. in
Namibia, south africas homeland policy transmuted into the creation of 11 ethnic ad-
ministrations in 1980. sWapos antipathy towards these creations of apartheid partly
accounts for the lingering doubts about the role of regional councils and the policy of
decentralisation.


To understand the ambivalence and suspicion that still exists in some quarters about
the policy of decentralisation, it is necessary to examine how Namibias system of re-
gional government came about. The regional councils were born out of the spirit of
compromise that characterised the sittings of Namibias constituent assembly in late
1989 and early 1990. in 1989 the sWapo manifesto (sWapo 1989:18) stated: un-
der a sWapo government independent Namibia will have democratically elected local
authorities, both in rural and urban areas, in order to give power to the people at grass-
roots level, to make decisions on matters affecting their lives. However, the powers of
such local authorities were not spelled out. during debate in the constituent assembly
there was little direct discussion of regional councils. instead, the debate was framed by
two concerns: firstly, whether Namibia should have a unicameral or bicameral system,
and secondly, that the administration of Namibias future regions should not resem-
ble the much hated bantustan system of ethnic government imposed before independ-
ence. in his seminal work, Namibias Post-Apartheid Regional Institutions: The Founding
Year, Joshua Bernard forrest (1998:4) notes that: as a consequence of the history of
apartheid in Namibia, the notion of a regional division of power or regional political
structures carries a negative, pro-apartheid connotation for most post-independence
government officials and for most Namibian citizens.


sWapo went into the constituent assembly with commitments to a unicameral sys-
tem and the holding of national elections based on single member constituencies, which
would have put regional representation at the heart of the National assembly. How-
ever, uppermost among sWapos concerns was the need to create a strong executive
presidency. as a result, the party was prepared to compromise with the dTa and other
opposition parties, which wanted a bicameral system and proportional representation
(pr) for the National assembly election. early in the constitution-making process, on
12 december 1989, the standing committee on standing rules and orders and internal
arrangements on constitutional matters reported to the constituent assembly that com-
mon ground had been reached on several issues, including the setting up of regional






Graham Hopwood


councils. on 29 January 1990, sWapos then secretary for legal affairs, Ngarikutuke
Tjiriange, told the constituent assembly that sWapo would not press the issue of sin-
gle member constituencies and would instead accept pr as the electoral system for the
National assembly. He also indicated that the party was prepared to compromise on
the issue of the National Council, saying, we can live with the idea of a second house
in spite of its obvious shortcomings (republic of Namibia 1990a:163). on 31 Janu-
ary1990, the constituent assembly passed the sections of the constitution that deal with
local and regional government (Chapter 12) with little discussion. in one of his rare
contributions to constituent assembly debate, sWapo president sam Nujoma sought
to clarify the role of the chairpersons of regional councils by saying (republic of Na-
mibia 1990a:325): There is a need for a governor to be appointed from Windhoek to
the region or we can have a regional commissioner who will interpret the laws as they
are passed here in parliament to the regions. Nujomas comment underlined the think-
ing at the time that central control would be all-important for the new governing party
and that concepts such as decentralisation, never mind devolution, were far from the
policy agenda.


regional councils were established through chapter 12 of the constitution, although
the details of how they might function and their powers were left to future acts of par-
liament. article 108 of the constitution states that regional councils shall have power to
exercise for the region within which they have been constituted such executive powers
and such duties as may be assigned by an act of parliament (republic of Namibia
2002:55). article 108 also gives regional councils the power to to raise revenue or share
in the revenue raised by central government within the regions for which they have been
established (ibid.).


The policy of decentralisation was never explicitly discussed during any of these
debates and although commentators such as Tötemeyer argue that a commitment to
decentralisation is embedded in chapter 12 of the constitution (Tötemeyer 2000a:95),
such a concept was not included in chapter 11, which outlines the principles of state
policy. forrest (1998:8) comes to the conclusion that it was unclear whether any kind of
meaningful decentralisation was intended: The policy outputs regarding the creation
of regional institutions in Namibia during the 198990 Constituent assembly do not
make clear whether the government had in fact adopted a policy of decentralisation.


decentralisation first entered Namibias political parlance in 1991, when the first de-
limitation commission, set up under the constitution (article 104) to establish regional
boundaries, delivered its report. The first delimitation commission, which proposed 13
regions and 95 constituencies, made it clear that it had sought to promote decentralisa-
tion when demarcating the 13 regions. The report, which was accepted by cabinet in
July 1991, attempted to create regions that moved away from the pre-1990 carve-up of
Namibia along ethnic lines by incorporating factors such as transport and economic
integration. as a result, kunene region incorporated ruacana, which had traditionally
been seen as part of owamboland, while the oshikoto region bound communal farm-
ing areas to the heartland of white commercial agriculture. With some regions this was
more difficult. for example, Caprivi could hardly have been merged with kavango. as a
result, it remained geographically and ethnically distinct and remote from the political






R e g i on a l d e v e l o pm e n t a n d d e c e n t r a l i s a t i on


centre in Windhoek. The first delimitation commission (republic of Namibia 1991:29)
said decentralisation was not only desirable but inevitable to ensure that administra-
tion is responsive to the real needs and aspirations of the people. it defined decen-
tralisation as the devolution of greater responsibility to the local administration. it is
pertinent to note that one of the three members of the first delimitation commission was
Gerhard Tötemeyer, who from 2000 to 2004 spearheaded the policy of decentralisation
as deputy minister of regional and local government and housing.


despite the talk of decentralisation, the new regional bodies were given very limited
powers in the regional Councils act (act 22) of 1992. Most significantly, regional
councils were given the task of planning development in their region. otherwise most
of the envisaged roles were advisory or vague. They included:
to perform duties and functions delegated by the president
to establish, manage and control settlement areas
to make recommendations to the minister of rlGH
to make submissions to the cabinet and/or ministries
to assist local authorities in the performance of any of their duties
The limited powers were indicative of the scepticism in central government about the
function of regional councils. even Minister of local and regional Government and
Housing dr. libertina amathila (199096) made no attempt to hide her doubts, telling
the National assembly in 1992 half of these councils will have nothing to do (cited
in forrest 1998:70). suggesting that local authorities should have been strengthened
instead, she added: Maybe after five years we will scrap the whole regional Council
story (cited in forrest 1998:70). even with the lack of clarity about the role of regional
councils, Namibians leapt at their second chance to vote in free and fair elections when
the first regional council and local authority elections were held simultaneously at the
end of 1992. some 81% of registered voters turned out for the election. despite predic-
tions that the first-past-the-post, single member system used might favour the dTa,
sWapo won 67% of the votes and 71 of the 95 constituencies. The party controlled
nine councils, while the dTa took three. in the kunene region there was no overall
majority. To some extent, sWapo started to warm to the regional government system
after the partys strong performance in the 1992 elections (and during subsequent re-
gional elections), but the MrlGH remained convinced that it had to lay down clear
parameters on regional governance.


The lowly status of regional councils was confirmed when the ministry ruled in
1993 that councillors were only considered as part-time politicians and were to re-
ceive allowances rather than salaries. in March 1994, Minister amathila was quoted
in New era as saying she regarded regional councils as experiments that still had to
prove their worth (cited in forrest 1998:85). By the mid-1990s, there was a sense that
more needed to be done on decentralisation and a policy review was initiated with the
intention of advancing the process. dr. Nickey iyambo was appointed as minister of re-


. TheislittleevidencethatNamibiansidentifystronglywiththeirregions.Rather,national,eth-
nicandpoliticalaffiliationsstillholdsway.Theannualsoccertournament,theNamibianNews-
paperCup,isoneoffewoccasionswhenNamibiansdemonstrateenthusiasmfortheirregional
bases.






Graham Hopwood


gional and local government and housing in september 1996 and two months later the
decentralisation policy was published. Cabinet approved the policy in december 1996
and in the following year it was tabled in and subsequently adopted by the National as-
sembly. The decentralisation programme for Namibia was officially launched in March
1998. The policy documents produced in 1996 and 1997 set out in great detail how the
decentralisation process would proceed, but significantly no timeframe was attached.
instead, there were repeated warnings about the slow and potentially difficult nature
of the process. it was also clear that central government would control the speed and
nature of implementation (MrlGH 1997:14):


How much decentralisation is contemplated, what form it is envisaged to take and at what
pace it should proceed, are not established in the Constitution or the act of parliament, leav-
ing it in the domain of the executive policy process.


Clearly, a long haul was anticipated, but would the lack of deadlines make it even long-
er? The documents also contained an essential contradiction that the process of decen-
tralisation would be tightly controlled from the centre. forrest (1998:57) described the
system of regional government in Namibia as decentralisation reform with a strongly
centralist character. The justification for this central control was the need to proceed
within the framework of a unitary state. fears of federalism and the return of bantusta-
nisation appeared to fuel suspicion about regional councils a suspicion that could only
be quelled by a strong emphasis on central control. Minister Nickey iyambo proved a
far more enthusiastic champion of decentralisation than his predecessor, but he also ex-
pressed his doubts at times. in 1997 he told the association of regional councils meeting
that the khomas and erongo regions probably did not require regional councils as they
operated in urban areas where their functions were mainly carried out by local authori-
ties. according to former deputy Minister Gerhard Tötemeyer, the minister of regional
and local government and housing walks a tightrope trying to satisfy both supporters
and opponents of decentralisation in his own party ranks (2000a:100). in october
1998, Minister iyambo surprisingly introduced a proposal that the president should
directly appoint regional governors, who would then be answerable to the head of state.
until then, regional councillors had chosen governors from their own ranks. iyambo
later withdrew the amendment, saying the time available for debate on the change was
too short (at the time the National assembly was preoccupied with a proposal to change
the constitution to allow president sam Nujoma to stand for a third term in office). But
the very fact that the idea had been raised indicated once again that Namibias decen-
tralisation process sometimes veers towards becoming a centralisation process. despite
the tensions within sWapo over the issue of centralised control, by 1998 it was clear
that the decentralisation process had gained significant momentum. speaking shortly
before the launch of the decentralisation programme, Minister iyambo said, The poli-
cy for decentralisation in Namibia is one that has been endorsed by the highest political
will in this country. Therefore there is no turning back (inambao 1998).


. MostpointedlyillustratedinaclashbetweenNickeyIyamboandthenMinisterofHigherEdu-
cationNahasAngulainparliamentin00whenAngulastatedthatthesubjectofregionali-
sationremindedhimoftheformerethnicadministrationsinNamibia.IyambosaidAngulas
commentswereunfairandunpatriotic(Amupadhi00).






R e g i on a l d e v e l o pm e n t a n d d e c e n t r a l i s a t i on


in the 1998 regional council elections, the ruling party sWapo maintained its domi-
nance, but perhaps more significantly turnout slumped to 40% of registered voters.
While turnouts in local and regional elections are usually lower than national elec-
tions, the lack of clarity about the role of regional councils and their limited powers
was unlikely to convince the majority of voters that this was a tier of government worth
supporting.


The activity of 1996 and 1997 produced a raft of legislation in 2000 when a series
of bills were passed with the aim of facilitating the decentralisation process, includ-
ing the decentralisation enabling act (act 33 of 2000); the Trust fund for regional
development and equity provisions act (act 22 of 2000); and the regional Councils
amendment act (act 30 of 2000). The decentralisation enabling act (act 33 of 2000)
provides for and regulates the delegation and devolution of functions vested in line min-
istries to regional councils and local authority councils. The Trust fund for regional
development and equity provisions act (act 22 of 2000) sets up a fund to provide
regions and local authorities with technical and financial assistance for development
projects. The regional Councils amendment act (act 30 of 2000) gives the regional
administrator the status of chief regional officer while paving the way for other new
appointments.


The implementation phase
according to former deputy Minister Tötemeyer (2000b:112), decentralisation shifts
decision-making power, of no matter what degree, to sub-national administration and
political units. decentralisation is often seen as closely connected with democratisa-
tion, and this is often how it has been portrayed in Namibia. The concept was articu-
lated by Minister iyambo (19962002) when he introduced the decentralisation policy
in parliament in 1997 (MrlGH 1997:1): decentralisation therefore provides an op-
portunity for people to have access to relevant participative decision-making, extending
democracy to people as a right based on national ideas and values.


decentralisation is generally seen as having three stages of development:
1. deconcentration
2. delegation
3. devolution
under deconcentration, the powers of the central authority are spread to the regions,
where agents of the centre remain in control of decentralised functions. in Namibia
this happens when ministries decentralise their staff to the regional level, ostensibly to
be closer to the people they serve. This may allow greater contact between citizens and
government, but does not necessarily entail grassroots participation in decision-making.
at its worst, deconcentration has been criticised as a means whereby central government
extends its power base without creating greater accountability. authoritarian govern-


. SWAPOsdominanceinregionalelectionslargelyfollowedthetrendinnationalelections.The
partyhadwonatwo-thirdsmajorityinthenationalelectionsandwouldgoontoincrease
itsnumberofvotesinelectionsinand00.




0


Graham Hopwood


ments are unlikely to go beyond the deconcentration stage of decentralisation. under
delegation, the central authority allocates some of its functions to sub-national levels
but retains ultimate responsibility. The decentralisation implementation plan (dip)
issued in september 2001 states:


delegation means the decentralisation of a function from a line Ministry to enable and em-
power regional Councils or local authorities to perform the function as an agent on behalf
of the line Ministry. This means that the Ministry is still accountable for the performance
of the decentralised function, including all aspects of budgeting and planning. (republic of
Namibia 2004a:13)


in Namibias decentralisation policy, the delegation stage is seen as a stepping-stone
towards full devolution of powers. With devolution, the central authority gives full
responsibility and public accountability for certain functions to the sub-national level.
regional councils and local authorities will have full decision-making, budgeting and
planning powers and the line ministries will become the responsible agencies for policy
making, setting of standards, monitoring and evaluation, and providers of technical
assistance and training. unlike a federal system in which devolved powers are usually
constitutionally enshrined, in Namibia devolved powers can be withdrawn by the cen-
tral government.


Progress since the year 2000


The laws passed in 2000 prepared the legislative platform for decentralisation. since
then, significant progress has been made on a number of complex administrative is-
sues, particularly concerning finance and coordination. in 2004, regional councils were
given the funds to expand their staff complements in anticipation of the transfer of
central government functions. The process is guided by the dip, which was revised and
updated in 2004. The dip is overseen by the decentralisation policy implementation
committee, which consists of permanent secretaries chaired by the secretary to cabinet.
However, by early 2006 no function had yet been decentralised in terms of the decen-
tralisation enabling act (act 33 of 2000). as one senior official in the MrlGH who
prefers to stay anonymous commented, No ministry has decentralised in terms of the
legal framework set down. What we have seen is a deconcentration not within the legal
framework (interview with author, april 2005).


The MrlGHs directorate of decentralisation has been working with other minis-
tries on the preparation of their decentralisation action plans (daps). Cross-ministe-
rial task forces have been set up to iron out a series of potential problem areas, including
personnel issues, training, financial management, development planning, harmonisa-
tion of legislation, and housing and office matters. These task forces are developing a
number of guidelines and manuals on issues such as delegation of staff and budgeting.
in addition, the MrlGH has set up special bank accounts into which funds for decen-
tralised functions will be paid.


. TheDecentralisationEnablingAct(Actof000);theTrustFundforRegionalDevelopment
andEquityProvisionsAct(Actof000);andtheRegionalCouncilsAmendmentAct(Act0
of000).






R e g i on a l d e v e l o pm e n t a n d d e c e n t r a l i s a t i on


The regional development and equity provision fund has been set up and a board of
trustees appointed with the aim of financing equitable development across the 13 regions.
regional tender boards are being set up in all 13 regions to procure goods and services
for regional councils. These structures are intended to give regional councils more con-
trol over their capital projects and boost local contractors. The status and remuneration
of regional councillors and regional council employees has also been improved ahead
of the delegation and devolution of central government functions. regional council-
lors have been salaried and regarded as full-time politicians since 2001; chief regional
officers were appointed at the end of 2003; and the status of regional governors was
elevated in 2001. The appointment of chief regional officers and other top officials was
not without controversy. initially, the incumbent chief executive officers in the regions
opposed the plans for their posts to be abolished and took the government to court
(Maletsky 2003). The matter was settled amicably, but there was also disagreement in
Hardap and omaheke regions over the MrlGHs imposition of successful candidates
for top posts against the regional councils wishes (Maletsky 2004 and kuteeue 2004).
The dispute again underlined central governments desire to keep tight control on the
decentralisation process and its lack of trust in regional councils. The staffing structure
of regional councils was expanded in 200304 to include 13 chief regional executive
officers, 13 directors of general services, 26 deputy directors of finance and personnel
and six directors of development planning. The increased capacity of regional councils
means they are now more likely to be in a position to take on delegated functions, al-
though it is difficult for the directorate of decentralisation to assess their readiness when
many ministries have yet to submit daps.


sub-national levels of government in Namibia have been dogged by reports of malad-
ministration and corruption. While poor financial management by local authorities has
received most of the media attention, regional councils may only have received less
coverage because of their low profile. The last reports by the auditor-general on regional
council finances were published in late 2004 but cover only the 199798 financial year.
in several cases, the financial statements of regional councils for 199798 were only
finalised in 2002 or 2003 leaving a worrying (and illegal) four- or five-year time lag.
according to the regional Councils act (act 22 of 1992), the accounting officers of re-
gional councils are supposed to submit their reports to the auditor-general within three
months of the end of the financial year. The findings of the auditor-general were per-
haps more worrying than the delays. of the latest reports available, the auditor-general
declined to express an opinion on the accuracy of accounts from the regional councils
in Hardap and ohangwena regions due to serious accounting errors or omissions (au-
ditor-Generals office 2004c and 2004d). These included councils making payments
without invoices, failing to keep a fixed asset register and a basic lack of income and ex-
penditure records. The auditor-general also gave only qualified opinions of the accounts
of the erongo and Caprivi regional councils, as basic accounting principles were ignored
(auditor-Generals office 2004a and 2004b). The auditor-general pointed out that the
Caprivi regional Council did not keep minutes of its meetings for the whole year under
review (auditor-Generals office 2004b). unfortunately, the auditor-generals reports
for later years are not yet available, making it impossible to say whether the situation has
improved or worsened.






Graham Hopwood


Central government transfers to regional councils have increased significantly in
recent years, particularly in 200405 when the new staffing structures came into ef-
fect. Current MrlGH permanent secretary erastus Negonga indicated in early 2005
that financial controls in regional councils had improved after the ministry approved
regional council budgets for the first time in 2004. in contrast to the often disparag-
ing comments from the ministry about the performance of regional councils, Negonga
went on to say, the Ministry has expressed its satisfaction in the able manner Chief
regional officers are managing and controlling their funds since their appointments in
december 2003 (MrlGH 2005a).


Impediments in the way


despite the progress made in the five years since the decentralisation enabling act (act
33 of 2000) came before parliament, significant impediments remain in the way of de-
centralisation. one of the main problems, which is referred to in almost all the official
literature about decentralisation, is a lack of cooperation from ministries. The Vision
2030 document (republic of Namibia 2004b:206) is fairly blunt about this:


despite line Ministries having been asked by the secretary of Cabinet way back in 1998 to
identify the precise operations to be decentralised, and the staff and resources to accompany
delegation, only very few Ministries have prepared themselves for the implementation proc-
ess.


The slowness of the ministries to respond can be explained by at least two factors: the
long-standing scepticism among some ministers and top officials about the decentralisa-
tion project and the inevitability that officials find it difficult to draw up arrangements
that effectively cede their powers to another agency. officials are unlikely to be enthusi-
astic if the lines of command are not clear. for example, in a devolved structure is a chief
regional officer accountable to central government (which is not real devolution) or the
regional councils (which may not have the expertise to play a supervisory role)?


The MrlGH has no special powers to force ministries to comply with cabinet deci-
sions. ultimately only cabinet and the president himself can do this. it may be that a
more vigorous enforcement of cabinet decisions is required. at the same time, the func-
tions to be decentralised may need prioritisation if the process is to be efficacious.


While some of the capacity issues have been addressed by the expansion of region-
al council structures, the staffing issue remains a concern. The MrlGH has stated
(2005b:66):


There is insufficient human resources capacity to cope with the multiplicity of tasks that
have to be carried out more or less simultaneously. This picture applies to the Ministry of
regional and local Government and Housing, line ministries across the board as well as
regional Councils.


despite a recent upsurge in subsidies to regional councils, funding remains a problem
area. ultimately, regional councils are supposed to raise a significant portion of their
own income, but for the moment this remains a distant and potentially unpopular pros-
pect. The pohamba administrations determination to clamp down on wasteful spend-
ing, as made clear in the new presidents address on independence day (Maletsky 2005),






R e g i on a l d e v e l o pm e n t a n d d e c e n t r a l i s a t i on


will create an extra but necessary pressure on regional councils to create sound financial
management systems. The MrlGH has already indicated that it will adopt a carrot
and stick approach by releasing funds to councils that are well-managed, but hold back
support when there are reports of mismanagement and corruption (MrlGH 2005c).
The timeframe for decentralisation sometimes appears non-existent and at other times
extremely elastic. former deputy Minister Gerhard Tötemeyer comments (2000a:101):
The timeframe for completion of the implementation process varies between the year
2005, as announced by the Minister of rlGH, and 2030 as indicated by the deputy
Minister of rlGH. While 2005 was clearly unrealistic, the deadline of 2030 is too far
away to generate a sense of urgency and commitment to the policy.


it is pertinent to mention how governments policies towards traditional authorities
have developed in parallel with the stalling of the decentralisation process. although
a council of traditional leaders was envisaged in the constitution, this did not become
a reality until enabling legislation was passed in 1997. The council is empowered to
advise the president on communal land issues and other matters the president refers
to it. since its inaugural meeting in 1998, the council has played a low-key role, often
being preoccupied with disputes between traditional authorities rather than question-
ing government policy or even its own possible role within the decentralisation process.
Traditional leaders have not come into open conflict with regional councillors, possibly
because regional councils have so little power at present. The most obvious strategy for
a traditional leader with a concern about regional policies would still be to go straight
to the executive in Windhoek. There have, however, been disputes between traditional
leaders and local authorities concerning the allocation of land for industrial use and
other development purposes (reflecting the fact that local authorities wield more power
than regional councils).


political considerations
Much of the case for regional councils is pinned on the claim that they strengthen and
deepen Namibias democracy. regional councils do, after all, have the only representa-
tives in the country that are directly elected by constituents. However, the power of
regional councils has been so circumscribed that to some extent this undermines the
potential benefits of a regional councillors ties to his or her community. The authentic
democratic nature of regional councils does not simply depend on the fact that they are
elected. regional councillors must be able to work for improvements and development
for their constituencies and regions. With regional councils having primarily planning
and advisory roles, it is certainly not easy for regional councillors to be effective on a
broader level. even those regional councillors who are selected for the National Council
seem to have little opportunity (or possibly inclination) to advance the case for develop-
ment in their region on the national political stage.


While regional councillors might be expected to keep close contact with their con-
stituents for reasons of political survival (certainly in areas where there is some con-
testation between parties), there is also a need for workable structures that promote
grassroots participation. so far the successful implementation of regional development






Graham Hopwood


coordinating committees, constituency development committees and settlement com-
mittees appears to have been patchy.


of all Namibias political institutions, regional councils have the potential to be
the closest to the countrys citizens and their aspirations, but this closeness will not be
significant unless regional councils have structures that reach the grassroots and percep-
tible power to effect improvements for local communities. as such, it would seem the
decentralisation of functions and power is necessary, if only to give a greater degree of
legitimacy to Namibias system of regional governance. The obvious alternative would
be to abolish regional councils altogether (and it seems that in the first five years of in-
dependence this was a consideration) and replace them with regional development bod-
ies that would be accountable to central government and linked to local authorities for
administration and consultative purposes. While such bodies do exist in countries such
as the united kingdom, they are often criticised for being undemocratic and unrespon-
sive to grassroots sentiment. if democratisation is a core principle of the decentralisation
project, then the system of regional councils is fundamental to the implementation of
the policy. as such, as Minister iyambo said in 1998, there can be no turning back
(inambao 1998).


However, there are still potential threats that could undermine the case for decen-
tralisation to regional councils. While it has been argued that in the long run the de-
centralisation of functions to sub-national levels will be cost-effective, for the moment
the process is a costly one for central government. in the 200405 national budget, an
amount of N$141.9 m was set aside as a subsidy to the regions, a massive increase on
the N$20 m appropriated in 200304 (republic of Namibia 2004c:234). The level of
subsidy for regional councils in 20056 was N$141.144 m and increased to over N$150
m for the next two financial years (republic of Namibia 2005a:246 and 2005b:238).
With revenue forecasts down and president Hifikepunye pohamba declaring a war on
wasteful spending, it is inevitable that subsidies to regional councils will come under
closer scrutiny. if regional councils are found to have poor financial accountability and
ineffective service delivery outputs, then the argument for meaningful decentralisation
will be weakened.


The second challenge to the existence of regional councils may become a factor only
in the longer term. When regional councils were first posited, some opposition politi-
cians felt such a system would give their parties a greater political role and a base from
which to challenge sWapos dominance. This might also explain why some sWapo
politicians did not want a second chamber of parliament drawn from regional represent-
atives. in fact, sWapo confounded the pundits and did extraordinarily well in regional
council elections in 1992, 1998 and 2004. as a result, sWapo has also dominated the
regional government system and the number of councils controlled by the opposition
has dwindled from three in 1992 to none in 2004. The fact that sWapo dominates
both the national and regional levels of government has meant that conflicts between
regional councils and central government have been minimal. regional councils have
largely been quiescent in the face of criticism from the MrlGH about their shortcom-
ings.


. Whilemanyofthedecentralisationpolicydocumentstakethisasagiven,thereappearstohave
beennoattempttoworkouttheexactcostsofdecentralisationandhowsavingscouldbemade.






R e g i on a l d e v e l o pm e n t a n d d e c e n t r a l i s a t i on


on a political level, regional councils have not mounted serious challenges to central
government on policies they feel might be detrimental to their regions. However, if the
scenario was different and some regional councils did become power bases for opposi-
tion parties or heterodox elements of the ruling party, would ruling party enthusiasm
for decentralisation be much reduced? The financial dependence of regional councils on
central government inevitably tends to limit the scope for establishing separate positions
on policy. But if regional councils start raising significant amounts of their own reve-
nue, as is envisaged in the decentralisation policy, this is likely to bring an end to the he
who pays the piper calls the tune mentality. all long-term policies such as decentralisa-
tion should stand the test not only of the immediate political environment, but also of
fluctuations in political support over time. otherwise the strata of regional government
could simply be done away with at some point in the future by a ruling party that does
not like the political complexion of sub-national levels. This kind of issue will have an
early examination when it is decided to whom officials handling decentralised functions
will be responsible the chief regional officer operating under the regional council or
the line ministry? at the moment, it would seem that potential conflicts between central
authority and regional units have not been fully considered, partly because the current
pliant nature of regional councils does not throw up such contradictions.


The successful implementation of policies can often be attributed to backing from
a charismatic political personality or an influential powerbroker. does decentralisation
have a champion who is prepared to reach out to the unconverted on the issue and push
government to keep to the cabinet commitment to the policy? once again, the Ministry
of regional and local Government, Housing and rural development will have to take
a leading role. However, other figures who could act as driving forces for the policy may
be lacking. former deputy Minister Gerhard Tötemeyer (200004), who has been the
most articulate spokesman for decentralisation since the early 1990s, has now retired
from government. Without some strong backing from cabinet members, it is possible
that the decentralisation process could stall. However, the sWapo manifesto of 2004,
which government has adopted as its programme, made clear that the ruling party re-
mains committed to decentralisation (sWapo party 2004:12):


The sWapo party and its government are fully committed to developing a number of func-
tions and services from the central government to the lower levels of state authority in order
to maximise participation of our communities in planning for development, decision mak-
ing and the running of government affairs that affect their lives on a daily basis.


decentralisation has not proven to be an election issue so far, even though some opposi-
tion parties want to see decentralisation speeded up. The National unity democratic
organisation (Nudo) has been the most outspoken on the issue. Nudo leaders have
called for Namibia to become a federal state (kuteeue 2003), although in its 2004
election manifesto the party did not urge constitutional change, calling instead for
decentralisation to be speeded up and regional councils to be given more powers (Nudo
2004:22). after Nudo, the united democratic front (udf) has been the most out-
spoken party on the issue of decentralisation. in its 2004 manifesto, the udf called
for ministries to be moved out of Windhoek to regional centres and for full rights
and responsibilities to be devolved to regional councils and local authorities (udf
2004:4). The dTa also called for the transfer of more powers to regional councils (dTa






Graham Hopwood


2004:3), but the Congress of democrats (Cod), which became the official opposition in
2005, did not mention decentralisation or regional councils in its 2004 manifesto (Cod
2004). it is pertinent to note that two parties with the most pronounced positions on
decentralisation are both ethnic parties with Nudo widely seen as a party for Hereros
and the udf depending on its damara support base. The fact that both were partici-
pants in ethnic administrations before independence (Nudo through its affiliation to
the dTa) tends to undermine the credibility of their stances on decentralisation, as they
can easily be accused of wanting to take Namibia back to the bad old days before 1990.
With weak opposition political parties unlikely to force the pace on decentralisation, it
may well be left to regional councils themselves to make much of the running in both
calling for functions to be decentralised and demonstrating they have the capability to
take on new responsibilities.


While much of the administrative groundwork has been completed for decentrali-
sation to proceed in terms of the decentralisation enabling act (act 33 of 2000), the
process faces a number of immediate and longer-term challenges. How these are dealt
with could determine the ultimate success of the policy.


Conclusions
decentralisation is at a crossroads. The status of regional councils could be enhanced
through the gradual transfer of central government functions, which could in turn
improve service delivery and grassroots participation. However, the process could also
become stymied with little decentralisation taking place and, as a result, the credibility
and the purpose of regional councils being brought into question. Thirdly, functions
could be delegated but the process could be undermined if regional councils are not ef-
ficient and effective in the way they handle their new tasks. as a result, the devolution
stage of decentralisation could be delayed indefinitely.


The following suggestions, while by no means comprehensive, are intended to aid
the successful implementation of decentralisation to regional councils.


While a hard and fast timetable for such a complicated policy may be impossible, it
would seem advisable to attach some deadlines to the consolidated national dap so that
at least there is a prioritisation of the functions to be delegated.


regional councils will have to articulate their own case for decentralisation in a
much clearer and more forceful way. This will mean raising their media profile and be-
ing transparent about their achievements, capabilities and plans for the future.


regional councils will have to demonstrate their financial accountability if they
want the devolution stage of decentralisation to proceed. The decentralisation policy
could stumble at the delegation phase if government and public confidence in the coun-
cils ability to take on devolved functions is lacking.


The National Council needs to do more to promote debate about development in
the regions. regional councils should produce annual reports, which could be presented
and discussed as part of National Council business. Governors could be brought into
National Council sessions to answer questions on regional development.


The structures of regional councils, such as regional development coordinating com-
mittees, constituency development committees and village and settlement committees






R e g i on a l d e v e l o pm e n t a n d d e c e n t r a l i s a t i on


need to be working effectively so that the democratisation component of decentralisa-
tion is reality rather than rhetoric.


as former Minister of rlGH Joel kaapanda has stated (Barnard 2005), regional
councillors should be proactive in initiating programmes and projects in their re-
gions. former deputy Minister Gerhard Tötemeyers proposal that Namibia looks at
introducing a unicameral system in which elected regional members of parliament sit in
the National assembly alongside those chosen through the party list system should be
widely debated. While the idea has been received negatively in some quarters because
it would mean the abolition of the National Council, it would bring direct regional
representation into the National assembly, which could act as a spur to development in
the regions and aid the decentralisation process.


references


amupadhi, Tangeni (2002), regional moves spark aG8 fear, The Namibian, 30 september
association of regional Councils (1998), Association of Regional Councils Conference,


Mariental 912 October 1997. Windhoek: association of regional Councils,
Namibia institute for democracy, konrad-adenauer-stiftung


auditor-Generals office (2004), Report of the Auditor-General on the Accounts of the
Regional Council for the Erongo Region for the Financial Year ended 31 March 1998.
Windhoek: republic of Namibia


(2004), Report of the Auditor-General on the Accounts of the Regional Council for the
Caprivi Region for the Financial Year ended 31 March 1998.
Windhoek: republic of
Namibia


(2004), Report of the Auditor-General on the Accounts of the Regional Council for the
Ohangwena Region for the Financial Year ended 31 March 1998.
Windhoek: republic
of Namibia


(2004), Report of the Auditor-General on the Accounts of the Regional Council for the
Hardap Region for the Financial Year ended 31 March 1998.
Windhoek: republic of
Namibia


Barnard, Maggi (2005), regional Councils lack vision, The Namibian, 28 January
Boer, Martin (2005, Taking a Stand: Comparing Namibias Political Party Platforms.


Windhoek: Namibia institute for democracy
Congress of democrats (Cod) (2004), CoDs Programme for a Better Namibia. Windhoek:


Cod
dTa of Namibia (2004), You Deserve Better Election Manifesto of the DTA of Namibia


2004. Windhoek: dTa
dobiey, B. (2000), decentralisation/regionalisation in Namibia and the role of the


association of regional Councils (arC), in The Constitution at Work: 10 Years of
Namibian Nationhood. Windhoek: university of Namibia


forrest, Joshua Bernard (1998), Namibias Post-Apartheid Regional Institutions: The Founding
Year. rochester, New York: university of rochester press


Godana, Tekaligne and erwin Naimhwaka (2002), Decentralisation of Capital Projects.
Windhoek: Namibian economic policy research unit (Nepru)






Graham Hopwood


Hopwood, Graham (2005), Regional Councils and Decentralisation: At the Crossroads.
Windhoek: Namibia institute for democracy and konrad adenauer foundation


inambao, Chrispin (1998), decentralisation on track, The Namibian, 6 March
keulder, Christiaan (1999), Voting Behaviour in Namibia II: Regional Council Elections


1998. Windhoek: swedish international development agency, friedrich-ebert-
stiftung


(2001), Interview on Decentralisation with Dr. Nickey Iyambo, Minister of Regional and
Local Government and Housing.
Windhoek: institute for public policy research
(ippr)


(2002), To PR or To Ward? Notes on the Political Consequences of Electoral Systems in
Namibia
. Windhoek: institute for public policy research (ippr)


kuteeue, petros (2003), Herero chief wants federal system, The Namibian, 15 august
(2004), omaheke Council in financial straits, The Namibian, 15 June
larsen, anne (2002), Decentralisation in Namibia: A Case Study of the Erongo Region.


aalborg: aalborg university
Maltestky, Christof (2003), regional Ceos throw down gauntlet, The Namibian, 25 July
(2004), Hardap regional Council caves in to Govt pressure, The Namibian, 2 august
(2005), New era dawns, The Namibian, 22 March
Ministry of regional and local Government and Housing (2005a), statement by the


permanent secretary of the Ministry of regional and local Government and
Housing, erastus Negonga, during the Consultative Meeting with all Chief
regional officers and their staff on 21 January 2005. Windhoek: MrlGH


(2005b), decentralisation on Course Bracing Multiple Challenges, in 15 Years Of
Independence.
Windhoek: New era


(2005c), address by Honourable Joel kaapanda at the official opening of the induction
Course for regional Councillors, 26 January 2005. Windhoek: MrlGH


Mwilima, fred (1994), Councils: Time for Judgement, New Era, 2430 March
National unity democratic organisation (Nudo) (2004), 2004 Election Manifesto.


Windhoek: Nudo
New era (1992), regional Councils: an afterthought, New Era, 1319 august
republic of Namibia (1990a), Constituent Assembly Debates, 21 November31 January.


Volume 1. Windhoek: republic of Namibia
(1990b), Constituent Assembly Debates, 1 February16 March. Volume 2. Windhoek:


republic of Namibia
(1991), Report by the First Delimitation Commission of Namibia on the Determination of


Regions, Constituencies and Local Authorities. Windhoek: republic of Namibia
(1992), Regional Councils Act (Act 22 of 1992). Windhoek: office of the prime Minister
(1997), A Decentralisation Policy for the Republic of Namibia Decentralisation,


Development and Democracy. Windhoek: Ministry of regional and local
Government and Housing


(1998), Decentralisation in Namibia Situation Analysis. Windhoek: Ministry of
regional and local Government and Housing


(2000), Regional Councils Amendment Act (act 30 of 2000). Windhoek: office of the
prime Minister


(2000), Decentralisation Enabling Act (act 33 of 2000). Windhoek: office of the prime
Minister






R e g i on a l d e v e l o pm e n t a n d d e c e n t r a l i s a t i on


(2000), Trust Fund for Regional Development and Equity Provisions Act (Act 22 of 2000).
Windhoek: office of the prime Minister


(2001), Second National Development Plan (NDP2) 2001/20022005/2006. Windhoek:
National planning Commission


(2002), The Constitution of Namibia. Windhoek: Ministry of regional and local
Government and Housing, Namibia institute for democracy


(2004a), The Decentralisation Implementation Plan. Windhoek: Ministry of regional and
local Government and Housing


(2004b), Namibia Vision 2030, Policy Framework for Long-term National Development,
Main document. Windhoek: office of the president


(2004c), Estimate of Revenue and Expenditure for the Financial Year 2004/05. Windhoek:
Ministry of finance


(2005a), Estimate of Revenue and Expenditure for the Financial Year 2005/06. Windhoek:
Ministry of finance


(2005b), Medium Term Expenditure Framework for 2005/062007/08. Windhoek:
Ministry of finance


south West africa peoples organisation (1989), SWAPO Election Manifesto. Windhoek:
sWapo directorate of elections


sWapo party (2004), SWAPO Party Election Manifesto 2004. Windhoek: sWapo party
National elections Committee


Tötemeyer, Gerhard (2000a), decentralisation for empowerment of local units of
Governance and society a Critical analysis of the Namibian Case, in Regional
Development Dialogue,
Vol. 21, No. 1, spring 2000. Nagoya: regional development
dialogue


(2000b), democracy and state-building at the local level, in Christiaan keulder (ed.),
State, Society and Democracy: A Reader in Namibian Politics. Windhoek: Gamsberg
Macmillan, Namibia institute for democracy, konrad-adenauer-stiftung


(2003), The Politics of Namibia From Bantustan to the Positioning of Ethnicity in a
Unitary State. Windhoek: republic of Namibia


united democratic front (udf) (2004), Manifesting National Movement for Common
Sense
. Windhoek: udf


united Nations institute for Namibia (1986), Namibia: perspectives for National
reconstruction and development. lusaka: united Nations institute for Namibia


Wiese, Tania (2003), Bringing Down The House? Bicameralism in the Namibian Legislature.
Windhoek: institute for public policy research (ippr)




Caprivi under old and new indirect rule
falling off the map or a 19th century dream come true?


Wolfgang Zeller and Bennett Kangumu Kangumu


The anglo-German agreement of 18901 created an unmistakeable feature on the politi-
cal map of africa. The literature on the famous access corridor to the Zambezi is full
of references to its resemblance to a finger or an arrow pointing towards the interior
of southern africa.2 Generations of colonial and postcolonial cartographers and ad-
ministrators have puzzled over the best solutions to incorporate the territory nowadays
known as the Caprivi region of Namibia into their maps and bureaucratic procedures.
for decades, adventure-seeking travellers, journalists and academics have assigned to
Caprivi the role of the exotic other: a peripheral and inaccessible territory in the heart
of southern africa.


since independence in 1990, the role of Caprivi in Namibian public debate as some-
what different from the rest of the country has been consolidated by the news and policy
issues associated with the region. Two seemingly contradictory views can be identified
in these discourses. on the one hand, Caprivi is perceived as a body politic under at-
tack. The Caprivi secessionist movement is just the most prominent example. other
threats emerge from powerful forces of sometimes biblical proportions: record floods,
droughts and forest fires, wildlife and livestock epidemics, locust plagues, Namibias
highest HiV infection rate and lowest Human development index (Hdi),3 power out-
ages and a dysfunctional town council in the regional capital. it appears as if Caprivi is
not just sticking out, but in danger of falling off the map of Namibia. if central govern-
ment fails to rein in Caprivi, the success of the Namibian nation-building project as a
whole could be in jeopardy.4


Competing with this bleak portrayal is a purposeful optimism regarding Caprivi
that is discernible in various discourses of the Namibian government and civil society,
as well as of foreign donor agencies. if only it is managed right, some argue, this region,
with its abundant water, fertile soil, forests, fish and wildlife could be Namibias bread-
basket (cf., The Namibian 17/5/2006, New Era 5/7/2006, Mendelsohn and roberts
1997). richness in natural beauty and culture and the proximity to the Victoria falls
and Chobe park make Caprivi a top spot for the tourism industry. in May 2004, a


1. Widely known as Heligoland-Zanzibar Treaty.
2. one recent high-profile example is an article published on 21/11/1998 in The Economist.
3. in 2000, the Caprivi region had the lowest Hdi among Namibias 13 regions (uNdp 2000). a


recent study states that Caprivi is the poorest region in the country with a Human poverty index
(Hpi) of 36 per cent compared to an overall Hpi average of 24.7 per cent for Namibia (National
planning Commission 2006).


4. see The Namibian 21/7/2006 and New Era 5/7/2006 for two recent reports reiterating most of
these points.


0




new bridge across the Zambezi closed the last gap in a 2,500 kilometre-long tarmac
band stretching from the Copper Belt of Zambia and drC to the deep-sea port of
Walvis Bay. With its recently upgraded container shipping, dock and dry port facilities,
Walvis Bay is one of the top gateways for trade between southern africa, europe and
the americas (Namibian port authority 2007). Through this and other infrastructure
developments in the region, Caprivi and its neighbour, the sesheke district in Zambias
Western province, have emerged from relative obscurity. The inaccessible hinterland
is no longer a freak of history with unrealised potential. Caprivi is now on the map of
global marketplaces and economic opportunities.


in this chapter, we neither reconcile these opposing views of Caprivi nor predict
which of them will prevail. our aim is rather to demonstrate that both have striking
similarities, and in two ways that are regularly overlooked. first, we find historical
continuities in the actions precolonial, colonial and postcolonial administrators have
taken in Caprivi. These actions, we argue, were always grounded in a perception of the
territory as both a place of danger as well as of opportunities. second, we argue that
the measures taken by powerful external actors in Caprivi have to this day always been
aimed primarily at satisfying external interests in the region, with little to no concern
for the priorities of the areas population. To expose both continuities, we shift the
analytical focus. instead of lamenting or disputing how separate Caprivi is from the
rest of Namibia, we examine the processes of its incorporation into the changing power
structures that have sought to rule the area, both historically and in the present. We
argue that this enables us to gain insight into past and present processes of political
and economic marginalisation within Caprivi. in this sense, the case of Caprivi is any-
thing but peripheral or exceptional. in the same way as margins constitute the centre
(compare das and poole 2004), Caprivis past and present reveal the fissures that are
at the very heart of Namibias colonial and postcolonial society as a whole. Conversely,
the case of Caprivi also illustrates how colonial subjects and postcolonial citizens have
worked with, around and against the imposition of external control over their lives and
resources.


our chapter will be divided into five parts, each of which addresses one major phase
of the exercise of external rule in Caprivi. We begin with a short account of the 19th
century lozi kingdoms use of the area to fend off neighbouring enemies and gain access
to tribute, labour and natural resources. We then briefly sketch out the time of German
administration following the areas partitioning from the lozi kingdom in 1890 by the
european colonial powers. The German efforts to police and administer the perceived
hideout for white outlaws with a minimal budget and methods of indirect rule will
be contrasted with their futile hopes of incorporating Caprivi into ambitious colonial
projects. from the German loss of the territory in the first World War, we fast-forward
to the south african apartheid regimes development of Caprivi from the mid-1960s
onwards. We show how changing priorities turned the emerging bantustan project into
a military launch pad for south africas cross-border incursions into Zambia and an-
gola against sWapos guerrilla fighters. in the final sections, we highlight some of the
key developments in Caprivi since Namibian independence. The secessionist movement
will be described in relation to processes of economic and political marginalisation and
the sWapo states politics of recognition of Caprivi chiefs. We finally contextualise the




C a pr i v i u n d e r o l d a n d n e w in d i r e c t r u l e






Wol f gang Ze l l e r and Benne t t Kangumu Kangumu


current economic boom in the regions new strategic relevance for transnational inves-
tors in the global race for africas mineral resources.


on the verge of Bulozi5


Mosthistoriographyon south-centralAfrica treats theareanowadaysknownasNa-
mibiasCapriviregionasaninsignificantappendageoftheLozikingdomandinstead
focusesontheprocessesofstateandeliteformationatthecentresofLozipower(e.g.,
Mainga;Caplan0;Gluckman).Thisapproachneglectsamarginalyet
vital aspect of Lozi state formation, the resistance of some of the kingdoms subject
peoplesagainstthecentre.Fromtheoppositeperspective,theruleoftheLozioverlords
isbutone,albeitsignificant,aspectofCaprivishistorypriortoEuropeancolonisation.
Locatedon the fringesofBuloziswaxingandwaning sphereofpower,Capriviwas
foralongtimemainlyasourceofhumanandnaturalresources(Flint00:0).It
waslooselycontrolledthroughraidsandshiftingallianceswithmoreorlessloyallocal
leaders.IntimesofinternalturmoilatthecentresofLozipower,thisset-uphadthe
tendencytoquicklyturnagainstitsmakers.ThemostprominentexampleistheKololo
invasion and subsequent transformation of the Lozi kingdom from c.0 to .
ThiswasanoffshootoftheMfecanecrisisthatrippledthroughSouthernAfricainthe
firsthalfofthethcentury.Theinvadersfromthesouthwerequicklyabletoestablish
astrongholdonBulozissouthernfringes.Theareaspopulationhadmixedloyaltiesto
theLozioverlords,adecisive factor intheKololosconquestof theirkingdom(Flint
00:0f.).AftertheKololosdemise,acrucialaspectofLoziKingLewanikascentral-
isedprojectofLozistateformationwasthereforetostrengthenandcontrolthesouth-
ernmost frontierofBulozi (Flint00:0,0). InappointingSimataaMamili as
chiefofLinyanti,LewanikaplacedatrustedoldallyovertheformerKololostronghold
inCaprivi.MamilistaskwastokeeptheTawanaandotherpossibleintrudersfromthe
southwestincheck.LewanikassonLitiawaspostedatSesheke.Hiskeyrolewasthe
controlofthesoutheasternfrontierofBulozi,fromwhichdirectiontheMatebeleand
Tongaposedathreat(Mainga:,,;Flint00:,).


from the late 1880s onwards, southern Bulozi gained new importance for the king-
doms centre as a gateway for trade. More and more european frontiersmen and mis-
sionaries found their way to the upper Zambezi (flint 2003:410). lewanika, however,


5. Bulozi refers to the historical and present area of settlement of the majority of the lozi people,
situated in the upper Zambezi floodplain and its hinterland.


6. Trollope refers to the subiya and fwe as ... vassals and hangers-on of other tribes (Trollope
1937:19).


7. The kololo presence impacted heavily on both the lozi and their various subject groups in
Caprivi. as elsewhere in southern africa, the Mfecane crisis and migration played an important
role in establishing the framework of political and cultural life in a number of modern african
states (omer-Cooper 1966). The Mfecane was characterised by warfare, population flight, social
dislocation and conquest resulting in more densely constructed political units with greater levels
of cohesion and organisation becoming established throughout the region (du Toit 1995).


8. Not to be confused with the current sesheke across the Zambezi from katima Mulilo, this
place is nowadays known as old sesheke or, more commonly, as Mwandi, the town across from
schuckmannsburg.






C a pr i v i u n d e r o l d a n d n e w in d i r e c t r u l e


regarded the increasing German and portuguese presence in the region as potential
threats. He sought to offset this danger by entering into alliances with the British, fol-
lowing the advice of resident missionary francois Coillard. Through the 1890 lochner
concession and other contracts, lewanika gradually traded the kingdoms sovereignty
for political-military and material protection by the British (Mainga 1973:171). exactly
four days after lewanika had signed the lochner concession, and without his approval
or knowledge, the Heligoland-Zanzibar treaty sealed the lozi kingdoms loss of Caprivi.
This had no tangible effect on the ground until 1909, when the German administra-
tion finally arrived at the Zambezi. as late as the 1950s, decades after the separation of
Caprivi from Bulozi-proper, lozi royalty continued to enjoy special concessions allow-
ing them to use Caprivis abundant natural resources for hunting, fishing and securing
construction materials.9


from 1909, existing and new elites in Caprivi were able to dissociate themselves
from the lozi and consolidate their new status under German protection. for them
and their subject population, the new situation was an opportunity to break free from
domination of the lozi overlords, albeit in exchange for new ones.


outlaw frontier and access corridor:
The Caprivizipfel under German administration
Bulozissouthernfringeswerelargelyaterra incognitatotheGermanswhentheyac-
quiredtheiraccesscorridortotheZambeziin0.Germany,nevertheless,hadlarge-
scalestrategicinterestsintheterritory.Thecorridorrepresentedthelastchancetonego-
tiateadirectlandconnectionfromtheexistingprotectorateofGermanSouthwestAf-
ricatotheinteriorofSouthernAfrica.Thecountryscoloniallobbyhopedthatthrough
araillinkorshippingrouteviatheZambezi,theGermanterritoriesinSouthwestand
EastAfricacouldeventuallybeconnected.0GermanSouthwestalsoneededwaterand
labourresources,andbothseemedavailableingreatabundanceviathecorridor.


reality soon grounded this high-flying colonial utopia. reaching the Zambezi from
the established German outposts proved much more difficult than expected. for the
time being, the corridor was left with neither a colonial administration nor a single of-
ficial name. instead, a colourful lot of rambling outlaws, frontier businessmen and pros-
pectors found their way into the area. They engaged in a flourishing business involving
organised poaching, and trade in animal hides and ivory, weapons and household hard-
ware, beads and alcohol. Wildlife in the corridor was decimated rapidly (Deutsches Ko-
lonialblatt
1908:1152). in the colony and the reich, the value of the unproductive back-
water on the Zambezi was openly questioned (Allgemeine Zeitung 190708). a scape-
goat was found in Count leo von Caprivi, the German chancellor (189094), whose
signature appears on the Heligoland-Zanzibar treaty. already in 1890, the treaty had
met with great opposition from the hawks of German foreign policy, who denounced


9. The relevant administrative arrangement became known as the Barotse privilege (Hangula
1993:71; fisch 1996:150).


10. sandner and rössler have argued that, as with the other major colonial powers of the era, geog-
raphy provided a continuous and deep-seated language for German imperialism (sandner and
rössler 1994:115).






Wol f gang Ze l l e r and Benne t t Kangumu Kangumu


Caprivi as being too lenient with his British counterparts. Caprivi was an outspoken
sceptic about Germanys colonial ambitions and had fallen out of favour with kaiser
Wilhelm ii by the time he resigned in 1894. The count withdrew from the public eye
and died five years later. in the following years, parts of the German public regarded the
Zambezi corridor as synonymous with Caprivis legacy of allegedly poor statesmanship.
The name Caprivi Zipfel (alternatively Caprivizipfel or Caprivi-Zipfel) was never offi-
cially proclaimed with the purpose of honouring Count von Caprivi (compare seiner
1909b:417). rather, it was a form of popular mockery arising from the circumstances
of Germanys gaining access to the area and emerged during the early years of the 20th
century. The name appeared in newspapers, maps and colonial literature around 1900,
first in quotation marks. More official sounding names were in use at the time, but none
of them became the norm (e.g., Hukwefeld, Deutsch Bechuanaland, Deutsches Barotse-
land, Deutsche Sambesiregion)
. in 1909, several publications by seiner (seiner 1909a,
1909b, 1909c) established the name Caprivizipfel. from then on it came into full official
use in maps, documents and other publications (e.g., streitwolf 1911). The undertone of
ridicule borne by the original name was lost in the later translations of the word Zipfel11
into the english strip12 and afrikaans strook.


from 1905 the aggressive military and political expansionism of kaiser Wilhelm ii
led to a more vigorous exploration of the potential of reichs overseas territories for raw
material production and trade (sandner and rössler 1994:118). German interest in the
access corridor to the Zambezi was rekindled and more reliable scientific data was in high
demand.13 By 1908, several events added urgency to this endeavour: after the genocidal
war against the Herero and Nama, German settlement surged in southwest africa. The
colony urgently needed to increase its indigenous labour force. There was public specu-
lation about possible coal, diamond and copper deposits in the Caprivizipfel (Allgemeine
Zeitung
190809; Deutsches Kolonialblatt 1907:25, 73; fisch 1996:16). during the same
period, the British high commissioner in south africa repeatedly demanded that the
German authorities establish police control and enforce hunting restrictions in Caprivi
(fisch 1996:52). a British offer to swap the corridor for a piece of the kalahari was re-
jected by the Germans. instead, they sent Hauptmann kurt streitwolf with 17 troops
on a mission to establish the German presence on the Zambezi. after an arduous three-
month journey, the German flag was hoisted at schuckmannsburg in february 1909.
Besides policing, streitwolf was tasked with setting up a functioning administration
and exploring the territorys geography and economic potential, in particular, mineral
and labour resources (streitwolf 1911). streitwolf was strongly influenced by the British
concept of indirect rule and was restrained by a tight budget and difficult transport ac-
cess. To administer Caprivi, he identified what he regarded as two sufficiently coherent
cultural-linguistic native groups, the fwe and the subiya. He then oversaw the instal-
lation of two paramount chiefs with equal status under the German resident. His ef-


11. Zipfel = appendix, end, as in Wurstzipfel, the titbit end of a sausage. in colloquial German, Zipfel
can also refer to a (usually small or young boys) penis.


12. The english name Caprivi strip is based on the original wording of the english version of the
anglo-German agreement of 1 July 1890, article iii. 2: a strip of territory. The German version
used the term landstreifen.


13. This was the rationale for seiners expedition to the okavango and Zambezi in 190506 (seiner
1909a; fisch 1996:16).






C a pr i v i u n d e r o l d a n d n e w in d i r e c t r u l e


forts were initially hampered by widespread fear of the Germans. These subsided when
streitwolf used careful negotiation and benign measures in dealing with the population.
streitwolf also claimed progress in policing Caprivi and expelling illegal white settlers.
He reported no traces of minerals for commercial exploitation, a dangerous climate for
european settlement, but good farmland, wildlife and forest resources and the Zipfels
potential as a labour reserve. difficult transport access remained the decisive constraint
in realising this potential, however (streitwolf 1911:22934).


The Caprivi Zipfel had returned to relative obscurity even before the brief German
regime came to a sudden end. on 21 september 1914, the German resident at schuck-
mannsburg surrendered without fight to British forces and the access corridor became
the first German loss of territory in the first World War (fisch 1996:147). The German
period, nevertheless, represents an important legacy for Caprivi and its inhabitants: it
was the beginning of a new phase of external domination that was to continue and to
radically intensify half a century later.


a military launch pad: The Caprivi bantustan
under apartheid rule
Between 1914 and 1939, the administration of the Caprivi strip changed repeatedly be-
tween various governments of the surrounding British colonies. This bears testimony to
both the low priority and the continuing difficulties of access to the territory during that
time. in 1939, administration of the eastern Caprivi strip was once again transferred,
this time to pretoria. The strategic location of the strip in the heart of southern africa
was central to pretorias interests at the outbreak of the second World War (kangumu
2000). in 1940, a special company of the Native Military Corps was formed in the
strip as a strategic backup for the protection of the Victoria falls Bridge. from 1940,
the south african defence force (sadf) used the first air strip at katima Mulilo for
military and air training exercises. plans existed to build a tropical military school in
Caprivi in the 1950s.


south africas administration perceived the Caprivi strip as unsuitable for white
settlement and reserved its natural resources for the exclusive use of its inhabitants. due
to Caprivis low commercial potential, governments priority was to avoid heavy ad-
ministrative expenditure and encourage labour migration. local government therefore
was based on the continuity of streitwolf s model: indirect rule through the few and
subiya chieftaincies under the supervision of one white government officer. Virtually no
government-induced development took place during this first period of south africas
direct administration from 1939 to 1964. The provision of education and health serv-
ices was left in the hands of missionaries, first the seventh day adventists and then the
Catholic Holy family Mission. learners and patients from both sides of the Zambezi
were allowed to cross the border routinely and visit schools and hospitals or attend to
other matters of daily life. Thus the people of Caprivi kept very close contact with their
kin in Northern rhodesia/Nyasaland. labour migration further strengthened and ex-
panded these ties geographically. a fair number of young men went periodically to






Wol f gang Ze l l e r and Benne t t Kangumu Kangumu


livingstone, the line of rail and the Copper Belt in Northern rhodesia or the rand
mines in the union.14


The year 1964 was a turning point in the history of Caprivi. The odendaal Com-
mission recommended a roadmap for a self-governing homeland and the south afri-
can administration began to implement large-scale plans for direct government-driven
development in the strip. educated Caprivi residents were sent to south africa to be
trained as teachers, veterinarians, nurses, agricultural extension workers, policemen or
soldiers. The katima Mulilo hospital was expanded and recognised as a training facility.
Ngweze was developed as a residential area for blacks near katima Mulilo, which itself
was developed into an administrative and housing centre for whites. in the rural areas,
government built up health services, road infrastructure, fire and wildlife management,
animal husbandry, boreholes and irrigation. in 1972 eastern Caprivi was finally inau-
gurated as a south african bantustan with a legislative council. eventually, a Caprivi
government was formed in 1976, complete with regulations for Caprivi citizenship and
symbols of state: a flag, an anthem and a constitution. The legislative council consisted
of the fwe and subiya chiefs and their councillors, who received salaries.


The seemingly benign character of the early phase of strong government-driven de-
velopment in Caprivi was accompanied by political and military concerns that gradu-
ally moved centre-stage. already in 1963, the Caprivi african National union (CaNu)
had been formed with the purpose of achieving a black self-government for the Caprivi
strip. CaNus first president, Brendan simbwaye, was arrested in 1964 and subse-
quently disappeared in the hands of the south africans (flint 2004:174). another lead-
ing member of CaNu and a prominent member of the fwe royal family,15 Mishake
Muyongo, and other CaNu activists escaped arrest and fled to newly independent
Zambia. in November 1964, they met leading members of sWapo in lusaka. Muyon-
go agreed to a sWapo-CaNu merger, but maintains that sWapo president sam
Nujoma made a promise that Caprivi would be granted either special political status
or complete autonomy after Namibias independence (united democratic party 2005;
flint 2004:188). sWapo disputes this claim today, but the issue played a vital role in
the emergence of the secessionist movement in the late 1990s.


sWapos military wing, the peoples liberation army of Namibia (plaN), em-
ployed hit and run tactics such as ambushes, laying landmines and general sabotage of
military installations and infrastructure in Caprivi from the late 1960s onwards. south
africa responded with a heavy military build-up in the region. Major army bases were
constructed in Caprivi, including the Mpacha military air field outside katima Mulilo
and the omega iii base in Western Caprivi. The Caprivi strip played an important role
in south africas destabilisation policy in the sub-region. Training of specialised secret
military units took place in the area, cross-border operations into Zambia and bombing
raids into angola were launched. The military build-up further fuelled ongoing service-
and infrastructure development.


14. By 1962, the number of migrant labourers to the rand mines had increased to an average of 30
per month (kruger 1984:10).


15. Muyongo is a direct descendant of fwe chief simataa Mamili, who had been appointed by
lewanika and was recognised by streitwolf as the first fwe chief in Caprivi in 1909 (fisch
1999:42).






C a pr i v i u n d e r o l d a n d n e w in d i r e c t r u l e


The shift of sWapos headquarters from lusaka to luanda in the mid-1970s di-
minished the role of Muyongo and others from Caprivi within the liberation movement,
which became increasingly intolerant of internal dissent. Muyongo left sWapo in
1980 when its hard core accused him of trying to revive CaNu (Hopwood 2004:198).
other former CaNu activists within the liberation movement were allegedly expelled
from sWapo, detained, interrogated or disappeared in unclear circumstances (com-
pare fosse 1997:441).


Caprivis new outlaws in the first decade of Namibian independence
TheextenttowhichCapriviseconomyhadbeendominatedbytheapartheidmilitarys
massivepresencebecameapparentwhentheSADFwithdrewitstroopsintherun-up
toNamibianindependencein0.ThedeploymentofnewNamibianDefenceForces
troopswasabufferforonlyafractionafractionofthesechangesandasignificantshare
ofemploymentandincomeopportunitiesintheregionwaslost.Thetrendwascom-
poundedbythereturnofhundredsofexileswithCaprivibackgroundfromZambia
andothercountriesintheearly0s.Thisdevelopmentstoodinstarkcontrasttothe
promisesofeconomicwell-beingwithwhichthelong-awaitedindependencetransition
hadbecomeassociated,notleastduetotheofficialSWAPOrhetoricofthetime.Fwe
residentsofCapriviarguedthatthedistributionofgovernmentemployment(especially
intheeducationalsector)andotherbenefitsunfairlyfavouredtheSubiyapopulation
andothersupportersoftherulingparty(Fosse:).Oshivambo-speakerswere
enviouslywatchedas they tookup jobs (especially in the state security services)and
establishedethnicallysegregatedneighbourhoodsaroundKatimaMulilo.Allegations
ofaperceivedOwamboinvasioncirculatedamongtheregionalpopulationandadded
tothefrustratedexpectationsandcompetitionforscarceopportunities.Long-standing
riftsbetween traditional andpoliticalparty leaders and their supporters inCaprivi
becamemorepronouncedandsoonbrokeoutintomoreorlessopenformsofviolence
(Fosse:;Flint00:,).


one issue of hot contestation that emerged soon after independence was the recogni-
tion of chiefs in Caprivi. streitwolf s indirect rule arrangements and his dual fwe and
subiya chieftaincy had essentially functioned since 1909 through the various phases of
German, British and south african administration. in the case of the subiya, a rather
coherent identity and internal hierarchy had been constructed and continues to exist to
the present day. The fwe chieftaincy was less homogenous from the start. several groups
with more or less clearly pronounced ideas of a separate identity traced their existence
back to the times before 1909 (compare streitwolf 1911:126). The Yeyi are one of these
groups. early attempts by Yeyi chiefs to dissociate themselves more strongly from the
fwe emerged in the late 1950s, but the south african authorities were not supportive of
this endeavour. in the 1972 Caprivi constitution, the Yeyi were not officially recognised
as distinct from the fwe and their name was dropped from the previous official title
Mafwe-Mayeyi. Yeyi complaints over insufficient autonomy under the fwe grew into


16. for the effects of the exodus of sadf from West Caprivi on the khwe, see Taylor (forthcoming
2008).






Wol f gang Ze l l e r and Benne t t Kangumu Kangumu


open demands for dissociation around the time of independence. in august 1992, a
Yeyi faction elected its own chief. This move led to a number of violent confrontations
between fwe and Yeyi supporters and took on a party-political dimension. The fwe
under their chief, Bwima Mamili, had been supporters of the democratic Turnhalle al-
liance (dTa) party since before independence. The political career of Mamilis cousin,
Mishake Muyongo, did not end when he fell out with sWapo during his time in exile.
He instead became a leading member of dTa. The new Yeyi leadership openly associ-
ated with sWapo, however. When the Namibian government officially recognised the
Yeyi chieftaincy in december 1995, Chief Mamili accused sWapo of political motiva-
tions in breaching the law.17 at least two other controversies over sWapos politics of
recognising chiefs in Caprivi have since emerged. one was the attempted establishment
of a chieftaincy by the khwe san in Western Caprivi, which the sWapo government
has so far rejected.18 The other is the emergence of a new chieftaincy which claims to
represent the true Mafwe (The Namibian 5/8/2004 and 9/8/ 2004).


for the fwe leadership, the Yeyi defection opened a new front in a long-standing
rivalry with the subiya that had already surfaced during the apartheid era. for several
decades, members of the fwe and subiya elites unsuccessfully tried to claim superiority
over each other in Caprivi (fosse 1996). significant in this context is the strong support
for sWapo since independence among the subiya leadership and their followers. By
the mid-1990s, the previous majority vote in Caprivi in favour of dTa was swinging
towards sWapo. Muyongo regarded sWapos post-independence politics in Caprivi
as the continuation of the perceived owambo dominance that he had allegedly experi-
enced during his time in exile (fisch 1999:20). during the 1990s, a group of educated
and politically active Caprivi men formed around the veteran politician. as sWapos
electorate and influence over traditional leaders in the region increased, Muyongo and
his associates saw their room for political action in Caprivi shrinking. They questioned
the inclusion of Caprivi in the Namibian state formation project and instead identified
with an alternative idea of statehood, which drew ideological strength from two sources.
one was Caprivis cultural and historical distinctness from Namibia based on the areas
inclusion in the precolonial lozi kingdom. speculation that the Caprivi secessionists
cooperated with like-minded lozi nationalists in Zambia and/or uNiTa in angola
have so far not been substantiated. Muyongos own statements never indicated a wish
for Caprivi to become part of a resurrected lozi kingdom (see also flint 2003:427). The
lozi heritage, however, provided a powerful background in terms of which secession-
ists could label alleged owambo invaders as foreigners. The other source included
a more explicitly territorial claim. The secessionists imagined a self-governing state of
Caprivi that would exist as the continuation of the bantustan declared in 1972 yet fully
independent from any external control. To what extent this vision was fully formed in
the minds of the Caprivi secessionists is difficult to ascertain. it is, however, clear that


17. referring to the Traditional authorities act of 1995.
18. The khwe argue that sWapo is politically biased in this issue, due to the services provided by


many khwe to the south african military during the armed struggle for Namibian independ-
ence and their alleged support of the Cla. khwe demands for an official recognition of their
traditional authority have also been consistently undermined by the leadership of the Mbukushu,
whose controversial chief erwin Mbambo displays great loyalty to sWapo (Taylor forthcoming
2008).






C a pr i v i u n d e r o l d a n d n e w in d i r e c t r u l e


several of the leading members of the movement had been educated within the south
african programmes that aimed at increasing black self-administration of the Caprivi
bantustan (compare Melber, forthcoming 2008). for several years, they were groomed
for careers in the apartheid regimes imposed state-formation project, which eventually
failed. These personal histories appear to have provided fertile ground for the secession-
ists ideas to take root at a time when the Namibian state formation project had not
yielded the results they desired. during the high treason trials, this became evident in
the refusal by some defendants to accept the jurisdiction of Namibian courts on the
grounds that they were Caprivians and not Namibians (The Namibian 2/2/2005 and
14/6/2007).


By 1998, the secessionists ideas had ripened and led to organised action. Namibian
security forces discovered a training camp of the newly-formed Caprivi liberation
army (Cla) in the Mudumu Game park near the Botswana border. The largely os-
hivambo-speaking security force members used heavy-handed methods on the civilian
population of the greater area in their search for suspected members and sympathisers of
the Cla and its political base. allegedly escaping torture, rape and intimidation, some
2,500 people, mostly fwe and khwe, subsequently fled to Botswana where they found
shelter in the dukwe refugee camp. fwe Chief Bwima Mamili and khwe Chief kipi
George, as well as Mishake Muyongo and Caprivi Governor John Mabuku, were among
them. Mamili and Muyongo were soon transferred to denmark as political refugees
under uNHCr protection, while several hundred others were voluntarily repatriated
to Namibia in the following months. a majority remained in Botswana, however, and a
hard core of Cla members managed to regroup on angolan and Zambian territory. on
2 august 1999 they launched poorly coordinated attacks on government installations
around katima Mulilo. These were quickly beaten back by the Namibian army and
police but resulted in 15 casualties. during the ensuing state of emergency, Namibian
security forces again reportedly used unlawful methods to interrogate suspects and the
wider civilian population in Caprivi, this time in some of the sWapo-voting areas as
well.


The sWapo governments proclaimed project of nation building through peace and
reconciliation had been stained by the events surrounding the secessionist attacks. soon
the northeast of the country again became a site of organised violence. in late 1999,
the Namibian government officially granted angolan government forces permission to
launch a massive military operation from Namibian soil against the rebel uNiTa19
movement and its legendary leader Jonas savimbi. in the following months, scattered
groups of armed uNiTa fighters sporadically crossed the border into Namibias kavan-
go region and Western Caprivi, robbing and killing borderland villagers and motorists
travelling the Trans Caprivi Highway. for weeks, the Caprivi region was inaccessible by
road, except in the relative safety of military convoys. Caprivis tourism industry and
various other businesses and development projects came to a standstill. The Namibian
army and special field force targeted suspected illegal immigrants from angola living
on the Namibian side of the border. dozens of persons were arrested and interrogated.
some were reportedly tortured and killed during these operations (amnesty interna-
tional 2001).


19. união Nacional para a independência Total de angola




00


Wol f gang Ze l l e r and Benne t t Kangumu Kangumu


Caprivi in the 21st century: a 19th century dream come true?
AfterSavimbisdeathin00andthepeaceagreementinAngola,thecross-borderraids
andNamibiancounter-operationsended.ThestainsontheNamibiansecurityforces
humanrightsrecordremained.TheSWAPOgovernment,however,hassincebeenable
tomakeheadlineswithitsbenign,ratherthancoercive,interventionsinCaprivi.Most
prominently,theNamibianauthoritiessuccessfullyconductedmajorreliefoperations
duringthe00,00and00Zambezifloods.Inallcases,thousandsofpeoplewere
evacuatedandprovisionedforuptoseveralmonthsbytheNamibiangovernmentinco-
operationwiththeRedCross.TheCapriviregionappearstohavecalmeddownpoliti-
callyinrecentyears.Replacinghispredecessor,whoremainsinexile,GeorgeSimasiku
MamilitookovertheFwechieftaincyin.HeispoliticallyclosertoSWAPOand
his appointment was ratified after only three months by the Namibian government
authorities.Inthe00regionalcouncilelections,SWAPOcandidateswoninallsix
Capriviconstituencies.ThesecessionistagendaofaseparatestateofCaprivioccasion-
allyresurfacesontheinternet0andintheNamibianpress,buttheradicalcoreofthe
movementappearstobeaspentforcewhoseleadershipiseitherdead,inexileorontrial
indrawn-outcourtcasesboggeddownbyendlesstechnicalities.Meanwhile,Capriviis
makingverydifferentheadlines.


on the heels of peace, an economic boom has come to angola, northern Namibia
and southwestern Zambia. it manifests itself in new large-scale infrastructure develop-
ments, a flourishing cross-border trade and border towns flush with new investments
and opportunities.22 Between katima Mulilo and its Zambian neighbour sesheke a new
bridge now arches across the Zambezi. The state-of-the-art concrete structure leads to
a freshly rebuilt asphalt road from sesheke to livingstone. The bridge and road were
designed and built by German engineers and construction companies and largely fi-
nanced by the German kfW Bankengruppe23 as part of a bilateral development project
with Zambia (JBG Gauff ingenieure 2004:5). at the official opening ceremony on 13
May 2004, Germanys ambassador to Zambia, erich kristof, stressed the role of in-
frastructure development as the basis for bringing progress, private sector growth


20. The re-formed united democratic party (udp) under its president, secessionist leader-in-exile
Mishake Muyongo, maintains a website, which claims to be an official mouthpiece for the cause
of Caprivi secessionism. in 2003, a now-defunct website of a Caprivi Government-in-exile ap-
peared on the internet. Behind its detailed constitution and policy declarations was apparently a
one-man-show run by edward Ndopu, a former journalist-turned president General of what he
claimed was a resurrected CaNu party (cf., also The Namibian 9/4/2003).


21. examples are a pro-secessionist opinion piece published in Caprivi Vision 1/9/2005, the con-
troversy over the revival of the united democratic party (udp) (The Namibian 28/7/2006 and
8/9/2006, Allgemeine Zeitung 4/9/2006, New Era 4/9/2006 and 5/9/2006), the surfacing of
a document that Caprivi separatists claim proves that the 1964 CaNu-sWapo merger was
agreed on the condition that Caprivi would become an independent state separate from Namibia
(The Namibian 24/1/2007), and the repeated public claims by accused and acquitted high treason
suspects that Caprivi is historically not part of Namibia (The Namibian 2/2/2005, 17/1, 17/4
and 14/6/2007).


22. oshikango and rundu are experiencing developments similar to katima Mulilos.
23. kfW stands for kreditanstalt für Wiederaufbau. The Reconstruction Credit Institute was formed


after the second World War as part of the Marshall plan and is under the shared ownership of
the German federal (Bund) and state (länder) governments.




0


C a pr i v i u n d e r o l d a n d n e w in d i r e c t r u l e


and sustainable development to the rural poor. The ambassador then pointed out the
significance of the bridge as the missing link in a new transport route connecting the
Copper Belt of Zambia and Congo (drC) to the Namibian deep-sea port at Walvis Bay
(kristof 13/5/2004), the so-called Trans Caprivi Corridor (TCC).


largely due to Chinas vigorously growing demand, the world market price for cop-
per has been steadily rising in recent years.24 Zambias privatised copper mines are back
to their former record production levels of the 1970s (Namibia Economist 30/7/2004;
The Post 27/12/2006). How to transport the copper from the landlocked deposit sites
to the overseas consumers is therefore a vital question around which the interests of a
broad range of parties converge. from the point of view of Western industrialised na-
tions, the port of Walvis Bay has a significant advantage compared to dar es salaam
and durban, so far the main exit ports for the mining output from the Copper Belt
(Namibia Economist 2/5/2003). The Namibian port is five to seven shipping days closer
to europe and america. Copper was not the only consideration when the TCC was
designed in the early 1990s.25 The Zambian capital lusaka is a major consumer mar-
ket and site for manufacturing. livingstone is the Zambian tourist Mecca. Tsumeb in
central-northern Namibia is the location of the countrys largest copper mine and a
major copper smelting plant. Walvis Bay has salt refineries, fish factories and a shipping
industry. altogether, these towns dot the corridor like pearls waiting for a string. Work
on the Namibian section of that string began after independence and was completed by
2004 with various upgrades of the Walvis Bay port and Namibias road infrastructure.
The financiers of these projects are largely the eu and some of its individual mem-
ber states, in particular Germany (German embassy lusaka 2004; Namibia Economist
12/12/2004 and 13/2/2004).


Why Germany? as ambassador kristof stated, regional integration and rural de-
velopment are declared goals of Germanys development policy, and infrastructure de-
velopment is one way the countrys government expects to achieve them. Germanys
diplomatic relations with Namibia are built on the premise that the former colony is
entitled to development assistance from the former motherland and the fact that even
now a German-speaking minority of approximately 13,000 lives in Namibia, many of
them maintaining close personal and economic ties with Germany. German compa-
nies26 benefit from the corridor development directly through building contracts27 and
indirectly through improved access to markets and products in and from the corridors


24. on 7 april 2006 the Financial Times reported that the price of copper had hit an unprecedented
$6,000 a tonne, double the average price in 2004. The international Herald Tribune attributes
this price hike largely to the rapidly growing demand from China, which in 2003 passed the
united states as the worlds top consumer of copper.


25. other commodities which the Walvis Bay Corridor Group lists for present and future import
into and export from Zambia are: Namibian fish, salt and cold drinks; european and american
fertiliser, agricultural and mining equipment; Zambian timber products, fruit and vegetables,
coffee and tobacco (Walvis Bay Corridor Group 2004).


26. examples are the German engineering company JBG Gauff ingenieure, which designed the
Zambezi bridge, and Concor (until february 2005, 44.99% owned by the German-based con-
struction multinational Hochtief), which built the bridge, livingstone-sesheke road and several
other sections of the corridor road.


27. This has been a cornerstone of German development policy since its inception after the second
World War.




0


Wol f gang Ze l l e r and Benne t t Kangumu Kangumu


catchment area.28 Germany had already assisted Namibia in the upgrading of the 400
kilometre Trans-Caprivi Highway, another major section of the TCC. By financing the
bridge at katima Mulilo and the livingstone-sesheke road, the German government
completed what it had started.


a steady stream of trucks has been rolling across the new bridge since May 2004 and
katima Mulilo is changing fast.29 Namibian, south african, Chinese and Malaysian
investors have constructed new supermarkets, hardware stores, warehouses and petrol
stations with long-distance truck facilities. The Namibian government and private in-
vestors are developing a prominent section of katimas Zambezi river shore into a water-
front park with shopping and tourism facilities. sesheke is undergoing similar changes,
and on both sides of the Zambezi investors are currently developing or exploring op-
portunities in commercial agriculture and the tourism and timber industries (New Era
27/7/2006, Barotse development Trust 2006). But the combination of fast economic
development and new opportunities for long-distance mobility for the regional popula-
tion also attracts growing numbers of small-scale entrepreneurs, smugglers, sex work-
ers and illegal migrant labour, which state authorities regard as potentially dangerous.
katima Mulilo has experienced a steady and rapid increase in its population in recent
years. already in 2002 the mayor admitted openly that the growth of new squatter
areas outpaced the formalisation of old ones (Mudabeti 5/9/2002). infrastructure for
communications, electricity, water supply and some government services have been ex-
panded around katima Mulilo and in the vast rural areas of Caprivi. These changes
have, however, been concentrated in Caprivis regional centre, where they remain less
than sufficient. The katima Mulilo town council is evidently not capable of keeping
pace with the rapid change. it is weighed down by scandals, internal feuds and limited
management skills. The administration can hardly collect the revenue necessary to pay
its employees and the various parastatal service providers. This has resulted in prolonged
shut-downs of water and electricity supplies for the entire town, including major institu-
tions such as the katima hospital (The Namibian 16/10/2000, 23/7/2003). on several
occasions, the ministry of regional and local government and housing had to inter-
vene directly to force administrators and their finances back on track (The Namibian
31/5/2002, 12/12/2003, 4/6/2004 and 4/8/2004).


a look beyond katima Mulilos sprawling town limits deepens the understand-
ing that any impression of the current breathtaking progress of development must be
checked against the context of Caprivis broader socioeconomic realities. Hardly a year
goes by without a major natural disaster. record floods alternate with droughts and crop
failures. forest fires, insect plagues and livestock epidemics are decimating what relative
wealth and material security many rural dwellers manage to accumulate. The rural pop-
ulations access to shops and markets, health, education and other government services
remains very limited. The khwe san of Western Caprivi endure particularly poor living
and health conditions. Their situation that has not been aided by their low standing
with government authorities, where some still regarded them as former enemies from


28. Germanys electrical and engineering industries are major consumers of copper.
29. Namibias investment Newsletter reported in June 2004: The mere 2030 vehicles per day


which braved the pontoon ... have now been replaced by a traffic flow of over 60 heavy vehicles
each day. and these are but early days.




0


C a pr i v i u n d e r o l d a n d n e w in d i r e c t r u l e


the liberation struggle (compare Taylor forthcoming 2008).30 among Namibias 13 re-
gions, Caprivi has the lowest Human development index (Hdi). The populations poor
health status is critical to this result. Malaria, tuberculosis and malnutrition conspire
with the aids pandemic as major killers. at 43% among pregnant women, Caprivis
HiV infection rate is the highest in Namibia and nearly double the national average of
22.5%. infection rates in areas across Caprivis borders with Zambia, Botswana, Zim-
babwe and angola are either known or estimated to be above 40%. The longstanding
and close personal ties of Caprivis population with the people in these areas are believed
to enhance the spread of the virus (IRIN News 30/5/2006).


Conclusion
after the formal end of colonialism in africa, certain fundamental economic realities
have not ceased. With global demand on the rise, there is currently a remarkable revival
of the logic of extraction. Mineral resources from african hinterlands are transported
via well-developed infrastructure, and with little or no value added on the continent
are exported to industrial centres and consumers overseas. regional integration, rural
development and poverty reduction feature prominently in the policy guidelines of
the sadC and donors such as Germany or the eu. The difference between these words
and concrete infrastructure development, however, lies in hard economic facts, such as
the geographical location of the Copper Belt and the rising price of copper on world
commodity markets.


on 13 May 2004, 114 years after its inception, the 19th century colonial dream of
an access corridor to the interior of southern africa finally came true at katima Mulilo.
Caprivi is now connected to the world of global commerce as a thoroughfare for long-
distance traffic. The regions peripheral character within Namibia seems to have been
reversed. Caprivi suddenly appears central for ongoing developments in the southern
african regional context. The new corridor route to Walvis Bay is only one aspect of this
shift. Caprivi is located at the crossroads of several ongoing long-distance infrastruc-
ture projects31 and there are efforts to manage the greater regions water and wildlife
resources on a cross-border basis (The Namibian 10/10/2006). These developments do
not exclusively benefit Big Business. They have already positively affected the lives of


30. after years of pressure from development aid donors and NGos, president pohambas admin-
istration has introduced new measures with regard to the san people in Namibia. in 2006, a
special task force in the office of deputy prime Minister libertina amathila was established
to coordinate government, donor and private sector efforts (Namibian 13/6/2007, 6/11/2006).
apart from occasional charity events, small-scale projects and scattered training workshops, one
of governments achievements is a decision taken in parliament in 2006 to provide coffins for the
san people so that they dont have to bury their deceased in plastic bags anymore (Namibian
20/11/2006).


31. The reconstruction of the sesheke-senanga-Mongu road and other infrastructure projects aimed
at linking Zambias Western province with the Trans Caprivi Corridor are under way with funds
provided by the danish development aid agency daNida (The Post 18/12/2006). Japanese in-
vestors are financing the construction of a road bridge from Zambia to Botswana at kazungula
(redi 2005). Namibian energy parastatal NaMpoWer is constructing a Western power
Corridor through Caprivi to upgrade Namibias links with the power grids of other countries in
the region (Creamer Medias Engineering News 15/6/2007).




0


Wol f gang Ze l l e r and Benne t t Kangumu Kangumu


many inhabitants of Caprivi, Zambias Western province and beyond. But with the
newly arising opportunities a new threat for Namibia emerges from Caprivi: the rapid
boom of recent years has also produced socioeconomic changes that are of great concern
to the local, regional and national state authorities. The extremely high HiV infection
rate evokes fears of Caprivi as a breeding ground and conduit for the further spread of a
pandemic that has already had devastating effects on all aspects of social and economic
life in Namibia and its neighbours (IRIN News 30/5/2006; lebeau 2006). With Walvis
Bay harbouring ships and sailors from around the world, the dangerousness of Caprivi
is globalised as well (compare keulder and lebeau 2006). is Caprivi once again becom-
ing a threat to a distant state authority that has vested interests in the region but lacks
sufficient knowledge of local realities and the administrative muscle to steer them?


While there are clearly good reasons to be alarmed about this, our study has shown
that the currently emerging dualism with regard to Caprivi is just the latest chapter in
a story that goes back further than the actual creation of the territory during european
colonialism. We have traced this history from the time of the precolonial lozi kingdom
through the German and south african periods to Caprivis present in independent
Namibia. in all these periods, a pattern has repeated itself with regard to Caprivis rel-
evance for the changing powers that ruled over it: Caprivi has always represented both
a potential danger and an opportunity. The priorities of Caprivis external rulers have
naturally been to minimise or block the dangers and to unlock the opportunities. per-
ceptions of Caprivi have oscillated between a strategically located thoroughfare versus
a buffer zone, between a breeding ground for lawlessness and disease versus a labour
reserve and natural resource pool. phases of heightened attention to Caprivi have alter-
nated with periods of administrative idleness during which the regions inhabitants were
largely left to their own devices.


The governmental techniques through which Caprivis external administrators have
sought to control the territorial boundaries, inhabitants and resources of the land have
always combined coercion with more benign methods, but with changing emphasis.
When the interests of the sWapo government clashed with some among the political
elites and inhabitants in 199899, the postcolonial state authorities asserted their mo-
nopoly of violence. To what degree these actions can be regarded as legitimate remains
an issue of contestation. a weak or nonexistent assertion of the postcolonial states cen-
tral power in 199899 could have jeopardised the still nascent nation-building project
of Namibia. excessive use of the states coercive force poses the same danger, however,
particularly in combination with the political and socioeconomic marginalisation that
some among the Caprivi regions population experience. There are many examples of
the benign and careful use of state power in the region, often, we should add, in coop-
eration with and strongly dependent on international donor agencies. The successful
establishment of community-based game and forest conservancies in recent years is but
one example.


The recent awakening of powerful transnational players economic interests in
Caprivi provides a welcome opportunity for the sWapo government to work towards
the improvement of living conditions of the areas population. But will this opportunity
last? The sWapo government cannot expect its new-found allies to remain committed
indefinitely to an alliance that seems largely motivated by business interests. investors
and their capital are extremely mobile and the next bust must eventually follow the




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C a pr i v i u n d e r o l d a n d n e w in d i r e c t r u l e


current boom. alternative routes for the extraction of mineral resources from africa are
constantly evolving. The resources themselves are limited and their prices fluctuate.32
The international tourism business is also highly sensitive to sudden changes in de-
mand. such developments are not only entirely realistic, but also well beyond the influ-
ence of any present or future Namibian government. The proximity of a transnational
road transport corridor, supermarkets full of unaffordable products and luxury lodges is
hardly sufficient for the majority population of Caprivi to feel included in the Namibian
nation-building project. social unrest along the corridor route, recurring natural dis-
asters and a powder keg mixture of epidemic disease and illegal cross-border migration
these are all plausible scenarios for Caprivis future with precedents in the recent past.
Caprivi then could quickly again become a dangerous liability for the sWapo govern-
ment, and a cause for the central state to assert the monopoly of violence by means other
than development.


The cartographic metaphor of Caprivis distinctively penetrating shape is thus
bidirectional. The arrow or finger pointing the way to the opportunities in the interior
of the continent is also pointing towards the dilemmas and potential pitfalls that will
remain of central importance for the ongoing formation of the postcolonial Namibian
state.


acknowledgements


Wolfgang Zeller would like to acknowledge generous funding from the academy of
finland, the Nordic africa institute, the finnish Graduate school for development
studies and the Graduate school of international development studies at roskilde
university.
Bennett kangumu kangumu would like to acknowledge generous funding from the
Carl schlettwein foundation and the Basler afrika Bibliographien (BaB).


references


anglo-German agreement of 1 July 1890
Caplan, Gerald lewis (1979), The Elites of Barotseland, 18781969. london: Hurst
das, Veena and deborah poole (2004), state and its Margins. Comparative


ethnographies, in Veena das and deborah poole (eds), Anthropology in the Margins
of the State
. santa fe: school of american research press and oxford: James Currey,
pp. 334


fisch, Maria (1996), Der Caprivizipfel während der deutschen Zeit 18901914. köln:
rüdiger köppe Verlag


(1999), The Secessionist Movement in the Caprivi: A Historical Perspective. Windhoek:
Namibia scientific society


32. The Benguela railway line is currently under reconstruction and a newly planned Copper Cor-
ridor through angola is supposed to connect Zambias major Copper mines directly to the an-
golan port of lubito by 2010 (Bundesagentur für außenwirtschaft 12/5/2006).




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Wol f gang Ze l l e r and Benne t t Kangumu Kangumu


flint, lawrence (2003), state-Building in Central southern africa: Citizenship and
subjectivity in Barotseland and Caprivi, Journal of African Historical Studies, Vol.
36, No. 2, pp. 393428


(2004), Historical Constructions of Postcolonial Citizenship and Subjectivity: The Case of
the Lozi Peoples of Southern Central Africa. unpublished ph.d. thesis, university of
Birmingham


(1996), Negotiating the Nation in Local Terms. unpublished Ma thesis, university of
oslo


fosse, leif John (1997), Negotiating the Nation: ethnicity, Nationalism and Nation-
Building in independent Namibia, Nations and Nationalism, Vol. 3, No. 3, pp.
42750


Gluckman, Max (1959), The lozi of Barotseland in Northwestern rhodesia, in e.
Colson and M. Gluckman (eds), Seven Tribes of British Central Africa. Manchester:
Manchester university press


Government Gazette of Namibia (1995), Traditional Authorities Act (No. 17 of 1995).
Windhoek: Government printer


Hangula, lazarus (1993), The International Boundary of Namibia. Windhoek: Gamsberg
Macmillan


Hopwood, Graham (2004), Guide to Namibian Politics. Windhoek: Namibia institute for
democracy and institute for public policy research


kangumu, Bennett (2000), A Forgotten Corner of Namibia: Aspects of the History of the
Caprivi Strip, c. 19391980.
unpublished Ma thesis, university of Cape Town


keulder, Christiaan and debbie lebeau (2006), Ships, Trucks and Clubs: The Dynamics of
HIV Risk Behaviour in Walvis Bay. ippr Briefing paper No. 36. Windhoek: institute
for public policy research


kruger, C.e. (1984), a History of the Caprivi. unpublished manuscript, National archives
of Namibia, a472


lebeau, debbie (2006), Turning Corridors of Mobility into Corridors of Hope: Mapping the
Link between Mobility and HIV Vulnerability in Namibia.
Geneva: international
organization for Migration


Mainga, Mutumba (1973), Bulozi Under the Luyana Kings. Political Evolution and State
Formation in Pre-colonial Zambia.
london: longman


Melber, Henning (forthcoming 2008), one Namibia, one Nation? regional identities
and the Central state The Case of Caprivi, in Björn lindgren and Maria Heimer
(eds), Politicizing Governance: New Ethnographies of Power and Economy in the Global
South
. uppsala: uppsala university Centre for sustainable development


Mendelsohn, John and Carole roberts (1997), An Environmental Profile and Atlas of
Caprivi. Windhoek: Gamsberg Macmillan


National planning Commission (2006), Caprivi Poverty Profile. Windhoek: National
planning Commission


omer-Cooper, John (1966), The Zulu Aftermath: A Nineteenth-Century Revolution in Bantu
Africa. evanston: Northwestern university press


seiner, franz (1909a), ergebnisse einer Bereisung des Gebietes zwischen okawango und
sambesi (Caprivi-Zipfel) in den Jahren 1905 und 1906, in Mitteilungen aus den
Schutzgebieten,
Vol. 22 (1), pp. 2106




0


C a pr i v i u n d e r o l d a n d n e w in d i r e c t r u l e


(1909b), die wirtschaftsgeographischen und politischen Verhältnisse des Captivizipfels,
Zeitschrift für Kolonialpolitik, Kolonialrecht und Kolonialwirtschaft,
Vol. 11 pp. 417
65. Berlin: deutsche kolonialgesellschaft


(1909c), der Caprivizipfel. erlebnisse mit den eingeborenen, in Kolonie und Heimat,
Vol. 24. Berlin: Verlag kolonialpolitischer Zeitschriften


streitwolf, kurt (1911), Der Caprivizipfel. Berlin: süsseroth
Taylor, Julie (forthcoming 2008), The Politics of Identity, Authority and the Environment:


San, NGOs and the State in Namibias West Caprivi. ph.d. thesis, university of
oxford


du Toit, pierre (1995), State-Building and Democracy in Southern Africa: A Comparative
Study of Botswana, South Africa and Zimbabwe.
pretoria: HsrC


Trollope, W. e. (1937), Inspection Tour 1937, National archives of Namibia, 2267,
a503/17


united Nations development programme (2000), Namibia Human Development Report
2000.
Windhoek: uNdp Namibia


Vertrag zwischen deutschland und england über die kolonien und Helgoland vom 1. Juli
1890


Newspapers


Allgemeine Zeitung 190609, 2006
Caprivi Vision 2006
Deutsches Kolonialblatt 190708
The Economist 21/11/1998, Africas Pointing Finger, Vol. 349, No. 8095, p. 48.
The Namibian 19982007
Namibian Economist
200406
New Era 200106
The Post 2006


internet sources


amnesty international (2001), Annual Report 2001: Namibia. retrieved 15 May 2005 from
http://www.web.amnesty.org/web/ar2001.nsf


Barotse Development Trust (2005), Projects. Retrieved 29 November 2005 from http://www.
barotsedevelopmenttrust.com/projects.html


Botschaft der Bundesrepublik deutschland lusaka (2004), Nachrichten aus dem Gastland.
Zambezi Brücke eröffnet. retrieved 15 august 2005 from http://www.lusaka.diplo.de


Bundesagentur für außenwirtschaft (12/5/2006), Sambia plant "Kupfer Korridor" durch
Angola.
retrieved 4 august 2006 from http://www.bfai.de


Creamer Medias engineering News 15/6/2007), NamPower set to start construction on
Caprivi transmission link
. retrieved 26 June 2007 from http://www.engineeringnews.
co.za




0


Wol f gang Ze l l e r and Benne t t Kangumu Kangumu


iriN plusnews (30/5/2006), NAMIBIA: Curbing HIV/AIDS along a transport corridor.
retrieved 10 July 2006 from http://www.plusnews.org


Namibias investment Newsletter (2004), Frontiers of Commerce Expanded. in issue 5/2004.
retrieved 18 July 2005 from http://www.mti.gov.na/nic_newsletter/nic5_2004.pdf


Namibian port authority (2007), About Namport. retrieved 10 June 2007 from http://
www.namport.com


redi news (april 2005), Kazungula bridge: Regional trade link across the Zambezi. retrieved
20 June 2007 from http://www.sardc.net/editorial/Newsfeature/05400405.htm


united democratic party (udp) (2005), Caprivi Zipfel: The Controversial Strip. retrieved
17 July 2007 from http://www.caprivifreedom.com/history.i?cmd=view&hid=23


Walvis Bay Corridor Group (2004), Trans Caprivi Corridor. Trade Potential. retrieved 20
october 2005 from http://www.wbcg.com.na/wbcg/tcc/tcc.htm


public speeches and interviews


erich kristof, ambassador of the federal republic of Germany to Zambia, 13/5/2004,
Wenela border post.


Michael Mudabeti, Mayor of katima Mulilo, 5/9/2002, katima Mulilo.




ideas about equality in Namibian
family law


Dianne Hubbard


Namibia has introduced some far-reaching law reforms on gender issues in areas such as
affirmative action and gender-based violence. and yet, like many other countries, it is a
socially conservative society where the home is the last bastion of patriarchy. Men who
support gender equality in other spheres are reluctant to countenance such equality in
the home.


Men in Namibia are by and large very defensive about law reforms that they feel
may somehow discriminate against or disadvantage men. religious and customary law
justifications have been advanced in parliament as arguments for clinging to the status
quo. even where progressive law reforms have been enacted to advance gender equality,
the key points of debate in parliament and among the public at large have almost always
been based on concerns about the preservation of male power and proprietary sexual
control over women. at the same time, supreme court rulings on gender equality issues
have shown a tendency to be deferential to public opinion as expressed in parliament
and in other male-dominated institutions shaped by Namibians patriarchal past, thus
further entrenching inequalities based on current norms.


This chapter begins with a brief overview of family law reforms since independence.
it will then look at three key family law cases decided by the Namibias supreme court,
to examine the legal meaning of equality in Namibia. Next it will examine debates
around the meaning of equality in the context of the Childrens status act, and explain
how the south african courts have dealt with similar equality issues.


an overview of family law reform in Namibia
prior to independence, family law issues were governed primarily by inherited roman-
dutch common law, an ancient set of legal rules that evolved in highly patriarchal
societies. Those who supported the liberation struggle showed little public interest in
incremental law reform on gender issues, as the legal system was viewed primarily as
a colonial tool of repression. furthermore, issues of sexual equality were consciously
subordinated to the larger objective of national liberation, which was viewed as the nec-
essary enabling condition to advance all forms of political and social equality (Becker


. Whilesomelawyersandjudgesappliedthelawinwaysthatprovidedadegreeofprotectionfor
peacefulpoliticalprotest,thelegalsystemembodiedtheframeworkofapartheid,institutional-
isedrepressionandestablishedacontractlaboursystemthatensuredacontrolledsupplyofcheap
labour.


0




0


Dianne Hubbard


1995:143ff). after independence, there was genuine political will to promote gender
equality, even though this objective conflicted with some community and religious tra-
ditions and individual beliefs. The resulting contradictions were evident in the parlia-
mentary debates on gender-related law reform, particularly in the family sphere.


Married Persons Equality Act


The first major family law reform in post-independence Namibia was the Married per-
sons equality act 1 of 1996, which eliminated the discriminatory roman-dutch law
concept of marital power. it was this marital power that placed wives in civil marriages
in a similar position to minors, with husbands having the right to administer the prop-
erty of both spouses. Couples married in community of property must now consult
each other on most major financial transactions, with husbands and wives being subject
to identical powers and restraints, while husbands and wives married out of community
of property now have the right to deal with their separate property independently.


indications are that the act is seldom utilised in practical terms. However, the sym-
bolic import of this act is probably even more important than its practical provisions,
as it sends out a clear message that the law will no longer recognise husbands in civil
marriages as heads of household.


This aspect of the law generated much controversy both inside and outside parlia-
ment. in fact, debate on this point was so fierce that additional language was added to
the original draft to emphasise the fact that the removal of the legal designation of head
of household would not interfere with a familys private right to treat the male as the
head of the household.


Family law issues in rape and domestic violence laws


The next set of law reforms affecting family life centred on the problem of violence
against women and children.


The Combating of rape act 8 of 2000 is one of the most progressive pieces of rape
legislation in the world. it introduces a broad, gender-neutral definition of rape and
moves the focus away from the consent of the rape victim to the force or coercion used
by the perpetrator. This law reform generally garnered strong political and public sup-
port, but the most contentious issue was marital rape.


The Bill contained a provision that removed the previous bar to a wife laying a
charge of rape against her husband a point that inspired long and heated discussion.
Many parliamentarians expressed fears that the new rule would be misused by women


. Thegender-basedinequalitiesincustomarymarriage,whichstemfromadifferentsource,were
notaddressedbythislawasidefromgivinghusbandsandwivesinbothcivilandcustomary
marriagesequalpowersofguardianshipinrespectofchildrenofthemarriage.


. TheoriginalBillstatedthatoneeffectoftheabolitionofmaritalpowerwasthatthecommon
lawpositionofthehusbandasheadofthefamilyisabolished.Parliamentaddedtheprovisothat
nothinghereinshallbeconstruedtopreventahusbandandwifefromagreeingbetweenthem-
selvestoassigntooneofthem,orboth,anyparticularroleorresponsibilitywithinthefamily.


0


Id e a s a b o u t e q u a l i t y i n Na m ib i a n f a m i l y l a w






Id e a s a b o u t e q u a l i t y i n Na m ib i a n f a m i l y l a w


to gain power over their husbands, or asserted that there can be no such thing as rape in
marriage because a husband has a right to sexual intercourse with his wife.


These parliamentary attitudes mirror more widespread public opinion. Various stud-
ies show that rape within marriage and other intimate relationships is common in Na-
mibia (Becker, Claassen 1996; leBeau 1996; rose Junius 1998; leBeau 1999; Talavera
2002). even more disturbingly, one recent national study indicates that a significant
number of both men and women believe that married women have no right to refuse sex
with their husbands. it appears that there is still a widespread perception that women
are subordinate to men in marriage, with decision-making at least about sexual mat-
ters still based on patriarchal constructs (MoHss 2003:405).


The new law on rape was followed by a companion piece of legislation on domes-
tic violence, the Combating of domestic Violence act 4 of 2003. This law covers a
range of forms of domestic violence, including sexual violence, harassment, intimida-
tion, economic violence and psychological violence. it covers domestic violence between
husbands and wives, parents and children, boyfriends and girlfriends and other family
members.


The law gives those who have suffered violence alternatives to laying criminal charges,
by setting up a simple, free procedure for getting a protection order from a magistrates
court. a protection order is a court order directing the abuser to stop the violence. it can
also prohibit the abuser from having any contact with the victim. in cases of physical
violence, it can even order the abuser to leave the common home.


No new crimes are created by the law, but existing crimes between persons in a do-
mestic relationship are classified as domestic violence offences with special provisions
that encourage input from the victim on bail and sentencing, and protect the victims
privacy by prohibiting publication of information that might reveal the victims iden-
tity.


in parliament, male fears and defensiveness were again evident in this debate, with
some men worried that the gender-neutral Bill did not do enough to protect men es-
pecially against forms of violence such as wives who deprive their husbands of sexual
relations or use witchcraft to interfere with their husbands sexual functions.


Maintenance paid by men and abused by women?


The next major family law reform to come through parliament was the Maintenance
act 9 of 2003. The difficulty of securing child support from absent fathers has been
regularly cited as a key issue affecting childrens welfare and womens economic inde-
pendence. The Maintenance act made significant changes to the maintenance system
to make it more efficient, but most of the basic principles around maintenance remained
the same. The new law provides for the first time for the sharing of expenses incurred
during pregnancy and gives clear guidelines for deciding how much maintenance should
be paid. it also provides new methods of enforcement to use when maintenance orders
are not obeyed.


. TherewereproposalstoamendtheBilltocoverthesetwoissues,buttheydidnotsucceed.






Dianne Hubbard


during the parliamentary debates, there were repeated allegations that women mis-
use the maintenance system by having children just to get maintenance payments, by
spending maintenance money on themselves or by demanding payment from men who
are not in fact the fathers of the children.


Many parliamentarians including women were concerned about what they per-
ceived gender neutrality to be. The maintenance system under both the old law and the
new one is gender-neutral on its face, but in practice is used almost exclusively by moth-
ers seeking maintenance from absent fathers. some Mps tried to even the score by citing
failings by mothers to counterbalance the Bills obvious emphasis on fathers failure to
take financial responsibility for their children. The search for a sense of even-handedness
eventually moved to reciprocity between parents and children, instead of between men
and women, and an amendment was eventually added to the Bill to clarify the duties of
children to maintain elderly parents.


Equal rights to communal land for women


The Communal land reform act 5 of 2002, although not primarily a family law re-
form, was a large step forward in protecting womens rights to communal land tenure.
in terms of this law, if a husband dies, his widow has a right to remain on the land if she
wishes and is entitled to keep the land even if she re-marries. (The law is actually worded
in gender-neutral fashion, but widowers were not historically forced off their land when
their wives died.) if there is no surviving spouse when the holder of the land right dies,
then the land will be reallocated to a child of the deceased identified by the chief or tra-
ditional authority as being the rightful heir. There was little parliamentary debate about
gender, as the discussions centred on race and class issues, with little acknowledgement
of the intersection of these points of discrimination with gender discrimination.


one flaw in this law is that it fails to address the disposition of the land in the case of
a polygamous marriage. another problem is that it is not being uniformly implemented
in practice, with some incidents of land-grabbing still occurring. Yet it constitutes a
radical departure from previous practice. Because most Namibian communities are pat-
rilocal, it was previously the case that a widow was expected to return to her parents
home. This law reform thus implicitly recognises women as autonomous actors, rather
than as dependents of their husbands or fathers.


However, there is a danger of a reaction against the advances for women contained
in this law. The ministry of lands and resettlement announced in 2006 that it is propos-
ing to amend the act. at present, any person irrespective of gender can apply for a cus-
tomary land right within the communal area where he or she resides. This provision has
recently received some criticism, especially from men, who have suggested that married
woman should not be able to apply for land in their own right. others have said that


. Suchobjectionswereanticipated,andtheinitialBillalreadycontainedprovisionswhichcrimi-
naliseabuseofmaintenancemoneyaswellasprovidingfalseinformationinconnectionwitha
maintenanceclaim.TheBillalsoincludedacounter-balancingcriminaloffenceforanyonewho
triestointimidatesomeoneintonotfilingamaintenancecasebymeansofanykindofthreat,
includingtheuseofwitchcraft.






Id e a s a b o u t e q u a l i t y i n Na m ib i a n f a m i l y l a w


single women should not be given land rights either, because of fears about what would
happen to a womans land when she marries and relocates to her husbands homestead.


Foot-dragging and fears


one prominent theme that runs through these various law reform debates is a male
reluctance to contemplate any form of power-sharing particularly in sexual or eco-
nomic spheres. equality is not the universal goal. and even where equality is the genu-
ine goal, there are fears that this will result in unfair treatment of men by empowering
women to take unfair advantage of men in family contexts.


one problem is that parliament has sometimes applied simplistic understandings of
sexual equality to issues of family law reform, without a sensitive analysis of the complex
social context in which the legal rules will be applied. Namibian court cases on gender
have also struggled with this challenge.


What is the legal meaning of sexual equality?
There is only a small body of jurisprudence on sexual equality in Namibia. However,
the decided cases have, on the most controversial issues, given a surprising amount of
weight to public opinion as a source of values to guide constitutional interpretation.


The Müller case


article 10 of the Namibian Constitution states that (1) all persons shall be equal be-
fore the law and (2) No persons may be discriminated against on the grounds of sex,
race, colour, ethnic origin, religion, creed or social or economic status. in interpreting
this provision, the Namibian courts have drawn a distinction between differentiation
and discrimination.


The leading case on equality under article 10(2), Müller v President of the Republic of
Namibia, followed precedent in other jurisdictions by holding that an element of unjust
or unfair treatment is inherent in the meaning of the word discriminate. differentiation
on one of the prohibited grounds will not amount to unfair discrimination if it bears a
rational connection to a legitimate purpose.


The judgment gave a detailed explanation of how courts should determine whether
unfair discrimination is present:


in this regard, the Court must not only look at the disadvantaged group but also the nature
of the power causing the discrimination as well as the interests which have been affected.
The enquiry focuses primarily on the victim of the discrimination and the impact thereof
on him or her. To determine the effect of such impact consideration should be given to the
complainants position in society, whether he or she suffered from patterns of disadvantage
in the past and whether the discrimination is based on a specified ground or not. further-
more, consideration should be given to the provision or power and the purpose sought to be
achieved by it and with due regard to all such factors, the extent to which the discrimination






Dianne Hubbard


has affected the rights and interest of the complainant and whether it has led to an impair-
ment of his or her fundamental human dignity. (Müller:203aB)


The subject of the Müller case was a gender question. When Mr. Müller married Ms.
engelhard, he wanted to take on her surname so that the two of them could operate
their jewellery business under her more distinctive and well-established business name.
under Namibian law, she could have simply started using his surname if she wished
but he could assume her surname only by going through a formal name change pro-
cedure that involved extra effort and expense.


The supreme court ruled that this particular differentiation did not amount to un-
fair discrimination. key factors were the findings that the complainant, a white male,
was not a member of a prior disadvantaged group; that the aim of the name change
formalities was not to impair the dignity of males or to disadvantage them; that the
legislature has a clear interest in the regulation of surnames; and that the impact of the
differentiation on the interests of the applicant was minimal since he could adopt his
wifes surname by a procedure involving only minor inconvenience. The court noted
that the legal provision in question gave effect to a tradition of long standing in the
Namibian community that the wife normally assumes the surname of the husband,
with the government being unaware of any other husband in Namibia who wanted to
assume the surname of his wife (Müller:204B). Thus, the court gave particular weight
to the status quo.


The matter was subsequently referred to the united Nations committee that over-
sees the international Covenant on Civil and political rights. This committee ruled in
March 2002 that the different procedures for dealing with surnames do amount to un-
fair sex discrimination in terms of the international covenant, noting that long-standing
tradition is not a sufficient justification for differential treatment between the sexes.
The committee gave the Namibian government 90 days to report on what it had done
to rectify the problem. Mr. Müller had already changed his name to Mr. engelhard by
that stage (under the laws of his home country of Germany), but the underlying law has,
more than five years later, still not been changed to remove the sex discrimination that
was identified.


The frank case


The next major gender issue to be considered by the Namibian courts concerned a les-
bian relationship. in the case of Frank v Chairperson of the Immigration Selection Board,
thesupreme court rejected the argument that the immigration board had violated the
applicants fundamental rights to equality by failing to accord their lesbian relationship
equal status with the relationships of men and women who are legally married.


. Theoutcomemighthavebeendifferentiftheargumenthadraisedthecorrespondingdiscrimi-
nationtothewifeoftheapplicant.(SeeBonthys000)


. TheCommitteesaid:Inviewoftheimportanceoftheprincipleofequalitybetweenmenand
women,theargumentofalong-standingtraditioncannotbemaintainedasageneraljustifica-
tionfordifferenttreatmentofmenandwomen,whichiscontrarytotheCovenant(Müller &
Engelhard
,00:para..;seealsoMenges00).






Id e a s a b o u t e q u a l i t y i n Na m ib i a n f a m i l y l a w


The supreme courts approach to constitutional interpretation here was to start with
the plain meaning of the words in the relevant constitutional provision, guided by the
legal history, traditions and usages of the country concerned, followed by a value judg-
ment in any case where the constitutional provision is not absolute (Frank:133B
136a).


in making such a value judgment, the court stated that it must look to the contem-
porary norms, aspirations, expectations, sensitivities, moral standards, relevant estab-
lished beliefs, social conditions, experiences and perceptions of the Namibian people as
expressed in their national institutions and Constitution (Frank:135GH, 135J136a,
136J137a). The court noted that it is also appropriate to consider the emerging con-
sensus of values in the international community, although local traditions and values
should be given precedence to avoid creating a perception that the courts are imposing
foreign values on the Namibian people (Frank:141i142B; 135Hi).


The court identified the Namibian parliament, courts, tribal authorities, common
law, statute law and tribal law, political parties, news media, trade unions, established
Namibian churches and other relevant community-based organizations as sources of
expressions of Namibian values, saying that parliament, being the chosen representa-
tives of the people of Namibia, is one of the most important institutions to express the
current day values of the people. (Frank:137Hi)0


However, the court also expressed the need to exercise caution when considering the
value of public opinion in constitutional interpretation:


it is not a question of substituting public opinion for that of the Court. it is the Courts that
will always evaluate the public opinion. The Court will decide whether the purported public
opinion is an informed opinion based on reason and true facts; whether it is artificially in-
duced or instigated by agitators seeking a political power base; whether it constitutes a mere
amorphous ebb and flow of public opinion or whether it points to a permanent trend, a
change in the structure and culture of society & The Court therefore is not deprived of its
role to take the final decision whether or not public opinion, as in the case of other sources,
constitutes objective evidence of community values & (Frank:138fH)


applying a value judgment to the issue before it, the court found that the Namibian
constitution makes no provision for the recognition of homosexual relationships as be-
ing equivalent to marriage, and that the constitutional term family clearly does not
contemplate that a homosexual relationship could be regarded as a natural or funda-


. The court cited the portion of Article that prohibits the death penalty as an example
(Frank:E).


. Other cases have also indicated that constitutional interpretation must be carried out in the
contextofNamibianvalues.Forexample,Berker,CJ,inaconcurringjudgmentinacase
oncorporalpunishment,statedthattheonemajorandbasicconsiderationinarrivingatadeci-
sioninvolvesanenquiryintothegenerallyheldnorms,approaches,moralstandards,aspiration
and ahostofother establishedbeliefsof thepeopleofNamibia (Ex Parte Attorney-General,
Namibia:
HJ;seealsoNamunjepo).


0. Thecourtalsolistedassourcesofinformationaboutvaluesdebatesinparliamentandinregion-
alstatutorybodiesandlegislationpassedbyparliament;judicialorothercommissions;public
opinionasestablishedinproperlyconductedopinionpolls;evidenceplacedbeforeCourtsoflaw
andjudgmentsofCourt;referenda;publicationsbyexperts(Frank:CD).TheNamunjepo
casesimilarlycitestheimportanceofparliamentasasourceofvalues.






Dianne Hubbard


mental group unit. in ruling that article 10 does not protect homosexual relationships,
the court found that Namibian trends, contemporary opinions, norms and values tend
in the opposite direction. The main evidence cited for this conclusion was absence of
a legislative trend towards the recognition of same-sex relationships in Namibia, and
statements by the president and one male member of parliament that motivated against
the recognition of such relationships.


The court concluded that discrimination on the basis of sexual orientation in the
context before it is not unfair discrimination according to the Müller test: equality
before the law for each person, does not mean equality before the law for each persons
sexual relationships. However, the court emphasised that nothing in this judgment
justifies discrimination against homosexuals as individuals, or deprives them of the pro-
tection of other provisions of the Namibian Constitution (Frank:155e, 156H).


The Myburgh case


The absolute approach to constitutional interpretation was taken in the Myburgh case,
whichconcerned a husbands marital power over his wife. in this case, the supreme
court held that this discriminatory concept was already automatically invalid by virtue
of its unconstitutionality, even before it was overruled by parliament with the Married
persons equality act. Here the court found unfair discrimination on the grounds of sex,
without finding it necessary to make any value judgement.


The court noted that the differentiation in question is based on stereotyping which
does not take cognisance of the equal worth of women, thus impairing the dignity of
women as individuals and as a group. The court concluded that this was not an in-


. [T]hePresidentofNamibiaaswellastheMinisterofHomeAffairs,haveexpressedthemselves
repeatedly inpublic against the recognition and encouragementofhomosexual relationships.
Asfarastheyareconcerned,homosexualrelationshipsshouldnotbeencouragedbecausethat
wouldbeagainstthetraditionsandvaluesoftheNamibianpeopleandwouldunderminethose
traditionsandvalues.ItisanotoriousfactofwhichthisCourtcantakejudicialnoticethatwhen
theissuewasbroughtupinparliament,nobodyontheGovernmentbenches,whichrepresent
percentoftheNamibianelectorate,madeanycommenttothecontrary.(Frank:0DF).This
suggeststhattherulingpartysperspectivecouldguideconstitutionalinterpretationwhenever
thereissomeambiguity.


TheCourt lookedtointernational lawaswell:Thefamily institutionoftheAfricanChar-
ter, theUnitedNationsUniversalDeclarationofHumanRights, the InternationalCovenant
onCivilandPoliticalRightsandtheNamibianConstitution,envisagesa formalrelationship
betweenmaleandfemale,wheresexualintercoursebetweentheminthefamilycontextisthe
methodtoprocreateoffspringandthusensuretheperpetuationandsurvivalofthenationand
thehuman race (Frank:FH).The court also stated that the InternationalCovenanton
CivilandPoliticalRightsspecifiessexbutnotsexualorientationasoneofthegroundson
whichdiscriminationisprohibited.Infact,inMarch(beforeNamibiasratificationofthe
covenant)thehumanrightscommitteechargedwithmonitoringthecovenantstatedthatthe
referencestosexintheprovisionsondiscriminationaretobetakenasincludingsexualorien-
tation(Toonen:para..).


. Thecourtnotedthatthedifferentiationtakesnocognisanceofthefactthatinmanymarriages
incommunityofpropertytheintelligence,training,qualificationsornaturalabilityoraptitude
ofthewomanmayrenderherafarbetteradministratorofthecommonestatethanthehusband
&(Myburgh:BI).






Id e a s a b o u t e q u a l i t y i n Na m ib i a n f a m i l y l a w


stance where meaning and content must still be given to the provisions of the Constitu-
tion, stating that no value judgement is necessary to see that the common law rules
on marital power are discriminatory (Myburgh:268de).


Some comments on the Namibian jurisprudence


These three cases (decided by a judiciary which is almost exclusively male) each give a
different role to tradition and public opinion, thus giving us poor guidance as yet on
when existing notions of sexual roles and relationships will prevail over a new world re-
fashioned in light of constitutional ideals. all the institutions cited in the Frank case as
sources of Namibian values are male-dominated institutions that have been shaped by
patriarchal cultures, meaning that the courts are likely to be looking to male public
opinion for guidance.


This approach also raises the danger of a circular and mutually-reinforcing dialogue
between the courts and parliament: the court looked to parliaments lack of support for
homosexual relationships in the Frank case, and parliamentarians have subsequently
cited the courts judgment in the Frank case as a justification for continuing to exclude
homosexual relationships from the protection of the law.


Constitutional analysis in other jurisdictions has pointed out that constitutional
protections enforced by the judiciary are particularly necessary to protect the unpopular
rights of the minority. parliament, as the representatives of the majority, can in theory
be relied upon to enact laws based on the will and values of the majority. But the consti-
tution and the courts should be the source of protection for the rights of those who are
most vulnerable often because they want to express an opinion or engage in a practice
that departs from societys existing norms.


for example, in south africa the constitutional court decided a case that was very
similar to Namibias Frank case, yet with an opposite outcome, holding that it is uncon-
stitutional for immigration law to favour non-citizen spouses over non-citizen same-sex
partners. The constitutional framework is different in south africa, where discrimina-
tion on the grounds of sexual orientation is explicitly forbidden. But in contrast to the
Frank case, the south african court did not look for the endorsement of public opinion,
but on the contrary found that it is especially important to afford constitutional protec-
tion to those who are already vulnerable because of societal stereotyping or prejudice.


. This ideahasoftenbeenespousedinrespectoftheUSConstitutionbyHarvardLawSchool
ProfessorLawrenceH.Tribe.(See,forexample,Tribe00.)


Therighttofreedomofspeech isagoodexample it seldomneedstobe invokedtoprotect
peoplewhoareagreeingwiththeprevailingviewsofthosewithpowerinsociety,butisusually
assertedrathertosafeguardtherightsofthosewhowanttochallengeprevailingviewsorpower
structures.


. Thisjudgmentstated:Societyatlargehas,generally,accordedfarlessrespecttolesbiansand
their intimate relationships with one another than to heterosexuals and their relationships.
QuotingCanadianjurisprudence,thecourtnotedthatitiseasytosaythateveryonewhoisjust
likeusisentitledtoequality.Everyonefindsitmoredifficulttosaythatthosewhoaredifferent
fromusinsomewayshouldhavethesameequalityrightsthatweenjoy(National Coalition for
Gay and Lesbian Equality:
CD).UnliketheNamibiancourt,whichlookedtoparliament
asonesourceofsocietalnorms,theSouthAfricancourtnotedthatalthoughtheSouthAfrican
parliamenthadshownalegislativetrendinthedirectionofequalityforallsexualorientations,






Dianne Hubbard


it is unthinkable that tradition would be cited by the Namibian courts to uphold any
form of racism. apartheid Namibia certainly had a long tradition of racism, and sadly,
there is still public opinion that would support discrimination on the grounds of race or
ethnicity in some quarters but this would surely never be relied upon by the courts as
a relevant factor in determining whether article 10s prohibition against race discrimi-
nation is applicable. for example, in the case of S v van Wyk, Namibias high court
held that it was permissible to consider racism as an aggravating factor in sentencing
for a racially-motivated crime, even though the culprits racism had been conditioned
by a racist environment. Here, one of the judges drew an analogy between racism and
sexism:


at different times in history, societies have sought to condition citizens to legitimise discrim-
ination against women, to accept barbaric modes of punishing citizens and exacting brutal
retribution, and to permit monstrous invasions of human dignity and freedom through the
institution of slavery. But there comes a time in the life of a nation, when it must and is able
to identify such practices as pathologies and when it seeks consciously, visibly and irrevers-
ibly to reject its shameful past. That time for the Namibian nation arrived with independ-
ence (S v van Wyk:456i457a, concurring opinion of Judge Mohamed).


unfortunately, the analogy referred to is not being fully observed in practice.


Notions of equality in the Childrens status act
particularly pointed examples of how notions of equality affect law-making can be
found in debates around the Childrens status act, first introduced into parliament in
2003 and passed after several heated rounds of debate in late 2006.


Custody joint, equal or one at a time?


one of the topics addressed by the Bill is parental rights over children born outside
marriage. The Bill initially proposed that the mother would have sole custody of such
children from birth, then mothers and fathers would automatically acquire joint cus-
tody when the child reached the age of seven. Many NGos objected that such a rule


ithadnotyetgonefar enoughinrecognising same-sexlifepartnershipsasrelationshipsinlaw
(National Coalition for Gay and Lesbian Equality:DE).


. RaceandsexdiscriminationaretreatedidenticallybyArticle0,aswellasinthepreambleof
theconstitution,whichstatesthattheinalienablerightsofallmembersofthehumanfamily
includethe rightof the individual to life, libertyand thepursuitofhappiness, regardlessof
race,colour,ethnicorigin,sex,religion,creedorsocialoreconomicstatus.Articleofthe
constitutiongivesspecialemphasistobothraceandsexdiscrimination.,notingthatwomenin
Namibiahavetraditionallysufferedspecialdiscriminationandthattheyneedtobeencouraged
andenabledtoplayafull,equalandeffectiveroleinthepolitical,social,economicandcultural
lifeofthenation.


. SeealsotheKauesa case, whichupheldtheconstitutionalityofportionsoftheRacialDiscrimina-
tionProhibitionActof.Severalofthepassagessupportingthecourtsdecisionequate
several forms of discrimination, including racism, sexism and attacks on the basis of sexual
identity.(Thehighcourtdecisionwassubsequentlyoverruledbythesupremecourtonother
grounds.)






Id e a s a b o u t e q u a l i t y i n Na m ib i a n f a m i l y l a w


would be unworkable in practice, as well as contrary to the best interests of children in
many situations.


The inspiration for the Bills approach seemed to be the fact that married parents
have joint custody of children born of the marriage, but unmarried parents cannot be
said to be similarly situated, especially where they are not cohabiting. persons who are
joined in marriage are bound by a number of reciprocal legal rights and responsibilities.
in particular, married couples do not have the power to bring the marriage to an end
without supervision. in the case of civil marriages, a court must make sure that the best
interests of the child are protected. in the case of customary marriages, the relationship
is regulated by a body of custom and negotiated by the extended family unit. None of
these things applies to unmarried parents. Therefore, it did not make sense for the law
to afford married couples and unmarried couples identical treatment.


in the wake of extensive public hearings throughout the country convened by a par-
liamentary standing committee, the debate became so tangled that the Bill was inten-
tionally allowed to lapse at a time when a new president was scheduled to take office
shortly, raising the possibility of a cabinet reshuffle.


a revised version of the Childrens status Bill was tabled by the new minister of the
newly renamed Ministry of Gender equality and Child Welfare in october 2005. The
revised Bill jettisoned joint custody in favour of equal custody for both parents from
birth unless one parent applied to a childrens court for sole custody. The revised Bill
was passed by the National assembly very quickly, with relatively little debate, lead-
ing to a public demonstration by representatives of the NGo community appealing to
Namibias second house of parliament, the National Council, to give further scrutiny to
the Bill. The National Council referred the Bill to its own standing committee, which
held additional public hearings in Windhoek.


Many NGos asserted that equal custody, like joint custody, would be unworkable in
practice. Because the social reality at present is that single mothers tend to take respon-
sibility for the day-to-day care of children born outside marriage, equal rights on paper
for single mothers and single fathers would be unlikely to translate into equal practice.


debates around this issue replayed some familiar themes. in public hearings before
the National assembly committee, some people advocated joint custody from birth on
the grounds that men might otherwise be reduced to cheque book fathers. However,
there were more concerns that parents (and fathers in particular) might want to exercise
their custody rights purely to avoid paying maintenance, with the result that the child
would end up as a weapon in the tug of war that might ensue. (Na 2005: para. 6.5.1;
The Namibian, 1/12/2005; New Era, 24/2/2006).


. Asaresultofdebatesbetweentheparliamentarycommitteeandtheministerofwomenaffairs
andchildwelfare, twocontradictorycommittee reportswere issued,withbothpurportingto
representtheviewsofamajorityofthepersonsconsulted.Thefirstreport,followingthelinesof
ajointsubmissionbyalargecoalitionofNGOs,recommendedthatsolecustodyofachildborn
outsidemarriageshouldvestinthemother,withthefatherhavingautomaticrightsofaccessand
therighttomakeapplicationtoachildrenscourttobecomethechildscustodian.Theminister
favouredequalrightstocustodyforbothparentssimultaneouslyfromthechildsbirth,and
thisapproachwasrecommendedinthesecondcommitteereport(MWACW00;Dentlinger
00).




0


Dianne Hubbard


a large group of NGos pointed out that children born outside marriage are usually
born to parents who are not living in the same household, meaning that their situation
is similar to that of children of divorced parents. in divorces under both civil law and
customary law, custody of the children is usually given to one parent while the other
parent has rights of contact and access. This arrangement helps to prevent disputes.
submissions made to parliament argued that children born outside marriage are entitled
to the same degree of clarity about parental rights and responsibilities as children born
to married parents. if the proposed law did not give this same degree of protection to
children in both situations, it would continue to discriminate against children born
outside marriage.


one proposed solution was to provide different approaches for unmarried parents,
depending on whether or not they were cohabiting. it was suggested that cohabiting
parents should be allowed to have joint custody and equal guardianship if they wished
(subject to court approval), just like married parents. But where parents were not sharing
a common home, then one parent must take primary responsibility for the daily care of
the child while the other parent would have access rights, just like children of divorced
parents. Both parents would have an equal right to become the childs custodian, thus
providing a level playing field as a starting point. if the parents could not agree between
themselves on who would act as the primary custodian, then the childrens court could
decide the question, based purely on the best interests of the child. The NGos sug-
gested that the mother could be the temporary custodian of the child until a parental
agreement is registered or until a court decides the matter, since the mother (for obvious
biological reasons) will definitely be present at the childs birth.


This proposal was not ultimately accepted, although it appeared to find favour with
the minister of gender equality at one stage. The approach ultimately adopted by par-
liament, after the Bill was considered by a parliamentary committee for a third time,
was a mechanism for choosing a single primary custodian for all children of unmarried
parents. unmarried parents can make an oral or written agreement between themselves
on who will act as the primary custodian. if no agreement is made, either parent (or
someone acting on behalf of the child) can apply to the childrens court for the appoint-
ment of a primary custodian. The person with physical custody of the child can make an
application to any court (including a traditional tribunal) for a quick order for interim
custody if the childs best interests are at risk. This interim order will remain in effect
until the same court makes a final decision on custody. There is no default position. if
the parents make no agreement and no one approaches the court to request legal cus-
tody of the child, then the child will remain in legal limbo, without a legal custodian or
guardian to make decisions on behalf of the child.


This final approach seems to bend over backwards to pretend that children have two
identical parents, instead of a mother and a father. it is arguably gender-neutral to a
fault, despite the fact that childbearing and childrearing are not gender-blind activities
in Namibia. in addition to the sex-based biological facts of childbearing and breastfeed-
ing, societal problems such as domestic violence and the failure to provide child main-
tenance continue to have a gendered nature. The law is not yet in force, so it is too soon
to assess how it will play out in practice.






Id e a s a b o u t e q u a l i t y i n Na m ib i a n f a m i l y l a w


The rights of rapists


another contentious equality issue in the Childrens status act brought up the topic
of rape and marital rape once again. The original Bill included a provision stating
that male perpetrators of rape which results in the conception of a child born outside
marriage would have no parental rights over the child but could be required to pay
maintenance.


one concern that arose here was gender neutrality. since the Combating of rape
act is gender-neutral, it is possible for women to be convicted of rape although this
usually involves a woman who acts as an accomplice to a male rapist or commits a sexual
act other than intercourse (for obvious biological reasons). a submission based on input
from 31 NGos supported the reference to male rapists on the grounds that it would be
very rare for a pregnancy to result from the actions of a female rapist, and that even in
such a rare event, there might be a need for the female rapist to care for the child for a
time for the purposes of breastfeeding (laC 2006).


But parliamentarians generally felt that any exclusion of rights based on a pregnancy
resulting from rape should apply equally to male and female rapists. for example, one
asked: Why this discrimination: are men being punished because they are men? ...We
have had many incidents where women raped men (The Namibian, 4/3/2004). in fact,
in a sample of 409 rape dockets examined by the legal assistance Centre from locations
around the country covering the period since the new rape law came into force, there
were only 3 female perpetrators among the 477 perpetrators and none of these women
was convicted (laC 2007:176).


The parliamentary committee which initially studied the Bill recommended that
the provision should be reworded in gender-neutral terms (Na 2004: paragraph 6.10).
However, the revised version of the Bill tabled in 2006 instead eliminated the restriction
on the rights of rapist fathers altogether which sparked further debate.


a second equality concern that arose around this issue related to rape inside mar-
riage versus rape outside marriage. Because the Bill at hand concerned custody and
guardianship rights for children born outside marriage, the proposed exclusion of rap-
ists rights logically applied only to children born outside marriage. on this point, the
submission based on input from 31 NGos stated:


We do not propose limiting the rights of all fathers who are convicted of rape (or any other
crime). But the situation is different where the oNlY connection between the childs mother
and father is that he is the rapist and she is the rape victim. (laC 2006)


in any event, rape in marriage could be a basis for divorce proceedings, which would
settle the question of custody.


This approach inspired strong objections. for example, one parliamentarian com-
plained about this source of inequality, saying that a husband who rapes his wife inside
marriage has custody over his child, but a father who rapes a mother of a child born


. Somewhomaderepresentationstothecommitteefeltthatifarapistfathercanberequiredto
paymaintenance,thenheshouldalsohaveparentalrights.Astonishingly,thesuggestionwasput
forwardthatawomanwhofallspregnantfromarapeshouldchooseintheearlystagesofpreg-
nancyeithertoreconcilewiththerapistfathersothathecouldhaveparentalrights,ortohavean
abortion.






Dianne Hubbard


outside marriage would not have such a right to custody (National Council debate,
27/2/2006). What is interesting about this argument is that whereas many male parlia-
mentarians were reluctant to recognise the existence of marital rape in 2000, in 2005
they were not only admitting the existence of marital rape but worrying about the rela-
tive rights of marital rapists.


a third aspect of the equality debate raised involved the distinction between men
who father a child by means of rape and other criminals. one local NGo, the National
society for Human rights, asserted that there should be no distinction between a
father and a mother who is a convicted murderer and one who is a convicted rapist!
(NsHr: para.2.6.3). Many other NGos felt, on the contrary, that there is a very im-
portant distinction between a parent who commits a crime and a parent who causes the
conception of a child
through a heinous crime against the other parent. one of the most
disturbing aspects of the latter situation, for example, was the idea that a woman who
has fallen pregnant by means of rape might actually have to get the consent of the rapist
to put the child up for adoption.


after considering this range of viewpoints, the National Councils parliamentary
committee recommended that the law should restrict male perpetrators from having
rights of custody, guardianship or access over a child born of the rape unless a court has
specifically approved such rights (NC 2006: para.1.8). However, the National Council
as a whole rejected this proposal (National Council debate, 27/2/2006).


after hearing strong objections on this point from the NGo community, the minis-
ter tabled an amendment in July 2006 that inserted a gender-neutral restriction on the
parental rights of any persons who cause a pregnancy through rape, requiring a court
order to authorise any rights over the child in question (The Namibian, 13/7/2006 and
17/7/2006). This amendment was incorporated into the final version of the law.


The role of social realities in considering equality


one question implicit in the discussions around the Childrens status act was what
weight to give to current social reality. Womens groups pointed to statistics indicating
that only 4% of Namibian children under the age of 15 live with their fathers but not
their mothers while both parents are alive, and only 0.4% live with their fathers even
after their mothers have died (MoHss 2003:1112).0


it was contended that the fact children born outside marriage are generally cared for
by their mothers and not their fathers justifies giving mothers a procedural advantage
over fathers by giving them custody as a starting point as long as fathers had the right
to approach a childrens court and request custody, with the ultimate decision being


. Intermsofthefinal law,peoplewhohavecausedtheconceptionofachildbymeansofrape
havenorightstocustodyoraccessinrespectofthatchildwithoutexplicitcourtapproval.The
rapistmaynotinheritfromthechildintheabsenceofawill.Thechild,ontheotherhand,may
inheritfromtherapistparent,andtherapistparentislegallyliabletobearashareofthechilds
maintenanceexpensesjustlikeanyotherparent.


0. Manychildrenwerelivingwithsomeoneotherthanaparent.One-quarterofchildrenunderage
werelivingwithbothparents,one-thirdwiththeirmothersonly(eventhoughtheirfatherwas
stillalive)andone-thirdwithsomeoneotherthanabiologicalparent(eventhoughbothparents
wereinmostofthesecasesstillalive).






Id e a s a b o u t e q u a l i t y i n Na m ib i a n f a m i l y l a w


based solely on the best interests of the child. asking fathers to be the ones to go to court
if they really want custody was asserted as being the best way to avoid placing an im-
possible burden on Namibias already overstretched courts. This procedural difference
would be a variation of the one upheld by the court in the Müller case, although it could
be argued that such an approach gives too much weight to the status quo.


The south african constitutional court considered precisely this issue in the 1997
Hugo case. in 1994, south african president Nelson Mandela pardoned certain cat-
egories of prisoners who had not committed very serious crimes. a blanket pardon was
given to mothers with minor children under the age of 12, while fathers of young chil-
dren were eligible to apply for remission of sentence on an individual basis. The justifica-
tion for the different procedures was that only a minority of south african fathers are
actively involved in childcare. a male prisoner challenged the pardon on the grounds
that it was unfair sex discrimination and the constitutional court found that the differ-
ent pardon procedures were not unconstitutional.


according to the south african court, it is necessary to look at the practical consid-
erations involved. since male prisoners outnumber female prisoners almost fifty-fold in
south africa, releasing the fathers of young children as well as the mothers would have
meant the release of a very large number of prisoners. This might have produced a public
outcry. and because fathers play a lesser role in childrearing, the release of male prison-
ers would not have contributed very significantly to the presidents goal of serving the
interests of children. in other words, the costs of such a move would have outweighed
the gains. The presidents pardon did not restrict the rights of any fathers permanently:
it did not stop any of them from applying to the president for an individual remission
of sentence on the basis of their own special circumstances. so the court found that
there was discrimination in the sense that mothers and fathers were treated differently,
but that this discrimination was not unfair and therefore not unconstitutional. The
different treatment was justifiable as a reasonable way to serve the best interests of the
children involved.


one concurring justice argued that society must move away from gender stereotyp-
ing, which has prevented women from forging identities for themselves independent
of their roles as wives and mothers and discouraged fathers from participating in chil-
drearing, to the detriment of both the fathers and their children. This justice therefore
concluded that the presidential pardon constituted unfair sex discrimination, but found
that it was nevertheless justifiable on practical grounds (Hugo:41GH;42B).


another justice rooted her opinion in social realities. she asserted that the discrimi-
nation in question was not unfair, even though it was based on a gender stereotype,
because that stereotype is a social fact:


in this case, mothers have been afforded an advantage on the basis of a proposition that is
generally speaking true. There is no doubt that the goal of equality entrenched in our Consti-
tution would be better served if the responsibilities for child rearing were more fairly shared
between fathers and mothers. The simple fact of the matter is that at present they are not.
Nor are they likely to be more evenly shared in the near future. for the moment, then, and
for some time to come, mothers are going to carry greater burdens than fathers in the rearing
of children. We cannot ignore this crucial fact in considering the impact of the discrimina-
tion in this case. (Hugo:49eG)






Dianne Hubbard


one justice disagreed, saying that although it is true that women actually bear a dispro-
portionate burden of child rearing in society, it is not fair to base a legal distinction on
this fact (Hugo:36C). He argued that the view of women as the primary care-givers for
children relegates women to a subservient and inferior role which is part of the old
system of patriarchy rejected by the new constitution, and may hamper the efforts of
those men who want to break out of the stereotypical mould and become more involved
with their children. in his view, the presidential pardon thus reinforced existing gen-
der scripts, whereas whatever tradition, prejudice, male chauvinism or privilege may
maintain. Constitutionally the starting point is that parents are parents (Hugo:37ef,
38Cf; 39de).


The roles of mothers versus fathers were also considered in the Fraser case in south
africa, where an unmarried father challenged the constitutionality of a statute which
required that married mothers and fathers must both give consent to put their child up
for adoption, while only the mothers consent was required in cases where the parents of
the child were not married. The court agreed that this distinction was an unfair form of
discrimination between married fathers versus unmarried fathers, and between unmar-
ried mothers versus unmarried fathers. The court gave parliament two years in which to
develop an alternative approach, but warned that a blanket rule that treated all parents
equally would be just as unlikely to produce the desired result:


Why should the consent of a father who has had a very casual encounter on a single oc-
casion with the mother have the automatic right to refuse his consent to the adoption of a
child born in consequence of such a relationship, in circumstances where he has shown no
further interest in the child and the mother has been the sole source of support and love for
that child? Conversely, why should the consent of the father not ordinarily be necessary in
the case where both parents of the child have had a long and stable relationship over many
years and have equally given love and support to the child to be adopted? indeed, there may
be cases where the father has been the more stable and more involved parent of such a child
and the mother has been relatively uninterested in or uninvolved in the development of the
child. Why should the consent of the mother in such a case be required and not that of the
father? (Fraser:283eH)


The court noted that statutory and judicial responses to these problems in other juris-
dictions are nuanced, having regard to factors such as the duration and the stability of
the relationship between the parents, the age of the child, the intensity or otherwise of
the bonds between parent and child, the reasons the relationship between the parents
was not formalised by marriage and the best interests of the child.



The court also urged


parliament to be acutely sensitive to the deep disadvantage experienced by the single


. Two commentators criticised the courts analysis for failing to giveproper recognition to the
complexitiesof situationswhere fathersare in factactingasprimarycaregivers: TheCourt
seemsunabletoseeHugoasbothpartofanadvantagedgroupoffathers,andasdistinctfrom
thatgroup,becauseofhislocationwithinthesub-groupofdisadvantagedfathersorthegroups
ofprimarycare-giverparents.TheproblemsofapplicationfacedbytheCourtarisewherethe
Courttriestorelatethecomplainanttoaparticulargroupbutlosessightoftheoverlappingna-
tureofsocialgroups.Theysuggestthatthediscriminationshouldhavebeenfoundtobeunfair,
butneverthelessjustifiable(Albertyn,Goldblatt:).Foranotherusefulanalysisofthe
Hugocase,seeKende000.






Id e a s a b o u t e q u a l i t y i n Na m ib i a n f a m i l y l a w


mothers in our society and to ensure that law reforms on the issue did not exacerbate
that disadvantage (Fraser:282Cd).


other equality cases decided by the south african constitutional court give good ex-
amples of sensitive considerations of the social context of discrimination and the social
impact of specific legal rules although sometimes in the dissenting judgments rather
than the majority judgments.


unfortunately, this kind of nuanced analysis is what is, to date, often missing in
Namibian jurisprudence and parliamentary debate.


The question of how to promote equality in an unequal world is a vexed one. as the
debates discussed above illustrate, parliament has sometimes applied simplistic under-
standings of sexual equality to issues of family law reform. Treating people equally does
not mean treating everyone in exactly the same way. it means treating people who are in
similar situations in a similar way, but like a hall of mirrors this gives rise to additional
questions about who is similar to whom in what ways.


legal analysis often distinguishes between two kinds of equality: formal versus
substantive. formal equality means adopting gender-blind rules which eliminate all
gender distinctions. substantive equality means looking at laws in their social context
a context formed by race, sex and class inequalities to see what approaches will best
advance meaningful equality in real life. one south african commentator gives this
explanation of the differences between the two concepts of equality:


[f]ormal equality is blind to entrenched structural inequality. it ignores actual social and
economic disparities between people and constructs standards that appear to be neutral,
which in truth embody a set of particular needs and experiences which derive from socially
privileged groups. reliance on formal equality may therefore exacerbate inequality. substan-
tive equality, on the other hand, requires courts to examine the actual economic and social
and political conditions of groups and individuals in order to determine whether the Consti-
tutions commitment to equality is being upheld. (de Vos 2000:67)


an analysis based on substantive equality seeks to compensate for past inequalities, and
recognises that applying formal equality to an unequal reality may simply entrench the
existing situation.


.TheSouthAfricanparliamenthasappliedasuccessionofrulesthathavetriedtocapturesome
ofthesenuances.SeetheNaturalFathersofChildrenBornoutofWedlockActof,the
AdoptionMattersAmendmentActofandtheChildrensActof00.


. Goodexamplesofsuchanalysiscanbefound,forexample,inthedissentingjudgmentofJustice
OReganinHarksen:ffandthedissentingjudgmentsofJusticesOReganandSachsinS v
Jordan:
ff.


. SeealsoCassidy00:.TheSouthAfricanHugo caseexplainedthedistinctionthisway:
[A]lthoughasocietywhichaffordseachhumanbeingequaltreatmentonthebasisofequal


worthandfreedomisourgoal,wecannotachievethatgoalbyinsistinguponidenticaltreat-
mentinallcircumstancesbeforethatgoalisachieved.Eachcase,therefore,willrequireacare-
fulandthoroughunderstandingoftheimpactofthediscriminatoryactionupontheparticular
peopleconcernedtodeterminewhetheritsoverallimpactisonewhichfurtherstheconstitu-
tionalgoalofequalityornot.Aclassificationwhichisunfairinonecontextmaynotnecessarily
beunfairinadifferentcontext.(Hugo:EG)


. IdeasaboutsubstantiveequalityareinherentinargumentsforBlackEconomicEmpowerment,
althoughtheseargumentsusuallyfocusonraceinequalitytotheexclusionofclassinequalities.






Dianne Hubbard


of course, a law that takes account of unequal realities must also try to move to-
wards the ideal of sexual equality. achieving this delicate balance in complex family
situations will be very difficult.


similar issues will probably arise in future in other contexts. for example, the dep-
uty minister of labour recently announced that his ministry was hard at work on intro-
ducing leave proposals for paternity leave to correspond with the paid maternity leave
already provided for mothers, on the grounds that men should also have the right to
obtain leave to look after their babies (The Namibian, 10/7/2006). However, propos-
als for paternity leave may founder on the twin shoals of biological fact (given that there
is no limit to the number of children a man can father over any particular time period)
and social reality (given that most Namibian men are not involved in the day-to-day
care of their children, no matter how much one might wish for the situation to be dif-
ferent). The debate on when and in what ways women and men are similarly situated
on this issue, and on how to tailor such a law to encourage more involvement between
fathers and children in reality, will be interesting.


Moving forward
There is a large plain of uncharted territory between the ideal and the actual. for ex-
ample, during the debates about child custody in relation to the Childrens status act,
many women expressed their hope that some day men and women in Namibia would
play a genuinely equal role in childcare, but pointed to the dangers of legislating today
for a social ideal that is perhaps still several generations away. The law can lead, but not
if it moves so far ahead that the public can no longer see its light.


Men in many parts of the world are struggling to adapt as definitions of masculinity
are in a state of transition (kaufman 1993). Namibia has seen a number of far-reaching
social changes since independence, so it is not surprising that changes in the home are
particularly frightening to some. it is natural for people to be fearful of change, and
particularly when they believe that the change in question will lead to a reduction in
their personal power and status.


This is not to imply that men are the sole source of resistance to changes in the
direction of gender equality. some women are exploiting the situation for example,


. TheLabourActofcurrentlyinforceprovidesforthreemonthsofmaternityleavefor
anywomanwhohasbeenemployedforatleastoneyearbythesameemployer(section),with
maternitybenefits(0%offullpayuptoaceilingofN$,000)financedbymatchingemployer
andemployeecontributionsthroughtheSocialSecurityActof.NeitherActmakesany
provision for paternity leave or parental leave.TheLabour Bill 00,which is before parlia-
ment at the timeofwriting,wouldprovide improvedprovisionsonmaternity leave,but still
makesnoprovisionforpaternityleave.(SeealsoThe Namibian,//00andBurnett00a
&00b.)


Previously, afterDeputyMinisterofHigherEducationHadinoHishongwacalled for the in-
troductionofpaternity leave,DirectorGeneral ofNationalPlanningCommissionSaaraKu-
ugongelwa-Amadhilajokinglyexpressedthehopethatourverysensiblemenwillsoongetthe
benefitofpaternityleavesothattheycanhavemoretimetogotokambashus(shebeens)and
comebackandharasswivesandtheirnewbornbabieswhodisturbtheminthenight(The Na-
mibian,
//00).






Id e a s a b o u t e q u a l i t y i n Na m ib i a n f a m i l y l a w


by bringing false charges of rape and some are as reluctant as men to change familiar
relations between the sexes. another problem is the sugar daddy syndrome (where
young girls give sexual favours to older men in exchange for money and luxuries). This
type of relationship reinforces stereotyped ideas that girls are dependent on males for
their success and security, while the age gap works against any form of equality in the
relationships. This also suggests that sex is the main attribute of value that girls have at
their disposal, and that men are to be valued not in themselves but only in terms of what
material goods they can provide. in this way, sugar daddy relationships can undermine
the self-respect of both parties involved.


one root of the problem seems to lie in public perceptions of power within families
as a finite resource, so that the empowerment of women is viewed as leading ineluctably
to the disempowerment of men. if family issues are to move forward effectively, it will
be helpful for men and women to understand different interpretations of power and
how increased sexual equality can be an economic and emotional gain for the entire
family. To this end, public awareness efforts on family law issues should not focus only
on information about new laws, but also on influencing attitudes that affect the accept-
ance of new approaches.


it is also important for the courts, the legislature and the public to develop deeper
understandings of sexual equality. The goal should not be to ensure that every law in
Namibia is gender-neutral, but rather to ensure that past discrimination is remedied and
harmful stereotypes and practices are eliminated.


There is at present increased attention to gender issues in africa at least in terms
of rhetoric if not yet in reality. The protocol to the african Charter on Human and
peoples rights on the rights of Women in africa ratified by 21 nations and signed
by a total of 43 of the 53 members of the african union as of June 2007 takes a very
progressive stance on a range of family law topics ranging from polygamy to the rights
of widows. at the same time, Namibias parliament and other national institutions are
constantly acquiring experience, and hopefully increased maturity. it would not be un-
reasonable to hope that these developments will lead to more subtle understandings of
equality as a complex concept.


references


albertyn, Cathi and Goldblatt, Beth (1998), facing the Challenge of Transformation:
difficulties in the development of an indigenous Jurisprudence of equality, South
African Journal of Human Rights, Vol. 14, p. 248


Becker, Heike (1995), Namibian Womens Movement 1980 to 1992: From Anti-Colonial
Resistance to Reconstruction.
frankfurt: Verlag für interkulturelle kommunikation


. Forexample,astudybasedoninterviewswithurbanmeninKatutura,KhomasdalandWind-
hoek, and ruralmen innorthernNamibia concluded thatmanymen feel thatgender-related
lawsdiscriminateagainstmeninfavourofwomen.Theyfeelthatmenandwomenshouldhave
equallaws,butbelieveatthesametimethatthelawprotectswomenmostly(Lebeau/Spence
00:0).






Dianne Hubbard


and Claassen, pamela (1996), Violence against Women and Children: Community
Attitudes and Practices.
report prepared for the Women & law Committee of the
law reform and development Commission, unpublished mimeo


Bonthys, elsje (2000), deny Thy father and refuse Thy Name: Namibian equality
Jurisprudence and Married Womens surnames, South African Law Journal, Vol.
117, p. 464


Burnett, Matthew (2004a), is Namibia prepared for paternity leave? The Namibian, 25
June


(2004b), pros and Cons To paternity leave, The Namibian, 2 July
Cassidy, elizabeth (2002), A Delicate Balance: Equality, Non-Discrimination and Affirmative


Action in Namibian Constitutional Law as compared to South African and US
Constitutional Law.
unpublished Masters thesis, university of stellenbosch


dentlinger, lindsay (2005), Minister stuns, surprises Na with Childrens Bill objections,
The Namibian, 17 february


de Vos, pierre (2000), equality for all? a Critical analysis of the equality Jurisprudence
of the Constitutional Court, Tydskrif vir Hedendags Romeinse Hollandse Reg, Vol. 63,
p. 62


kaufman, Michael (1993), Cracking the Armour: Power, Pain and the Lives of Men. Toronto:
Viking


kende, M. (2000), Gender stereotypes in south african and american Constitutional
law: The advantages of a pragmatic approach to equality and Transformation,
South African Law Journal, Vol. 117, p. 745


leBeau, debie (1996), The Nature, Extent and Causes of Domestic Violence against Women
and Children in Namibia. report prepared for the Women & law Committee of the
law reform and development Commission, unpublished mimeo


et al. (1999), Taking Risks Taking Responsibility: An Anthropological Assessment of Health
Risk Behaviour in Northern Namibia.
Windhoek: Ministry of Health and social
services


and spence, Grant (2004), Community perceptions on law reform: people speaking
out, in Justine Hunter (ed.), Beijing + 10: The Way Forward An Introduction to
Gender Issues in Namibia. Windhoek: Namibia institute for democracy


legal assistance Centre (laC) (2006), Proposed Amendments to the Childrens Status Bill,
submission to the National Council standing Committee on Gender, Youth and
information


(2007), Rape in Namibia: An Assessment of the Operation of the Combating of Rape Act 8
of 2000
(full report). Windhoek: laC


Menges, Werner (2002), swakop Man Makes Gender equality History, The Namibian, 11
July


Ministry of Health and social services (MoHss) (2003), Namibia Demographic and Health
Survey 2000.
Windhoek: MoHss.


Ministry of Women affairs and Child Welfare (MWaCW) (2005), Comments of the
Ministry of Women Affairs and Child Welfare on the Report of the Committee on the
Childrens Status Bill,
16 february


National assembly (Na) (2004), Report on the Childrens Status Bill by the parliamentary
standing Committee on Human resources, social and Community development


(2006), Report on Childrens Status Bill [B. 132005] by the National Council standing
Committee on Gender, Youth and information






Id e a s a b o u t e q u a l i t y i n Na m ib i a n f a m i l y l a w


National society for Human rights (NsHr) (undated), Submission on Childrens Status
Bill
[B.132005] to National Council standing Committee on Gender, Youth and
information


rose Junius, sMH et al. (1998), An Investigation to Assess the Nature and Incidence of Spouse
Abuse in Three Sub-Urban Areas in the Karas Region, Namibia. Windhoek: Ministry
of Health and social services


Talavera, philippe (2002), sexual Culture in Transition in the Northern kunene is There
a Need for a sexual revolution in Namibia? in V. Winterfeldt et al. (eds), Namibia
Sociology.
Windhoek: university of Namibia


Tribe, lawrence H. et al. (2005), on Judicial review, Dissent, summer 2005. online:
www.dissentmagazine.org/article/?article=219 [accessed 25/7/2007]


Cases


Ex Parte Attorney-General, Namibia: in re Corporal Punishment by Organs of State 1991 Nr
178 (sC)


Frank v Chairperson of the Immigration Selection Board 2001 Nr 107 (sC), overruling 1999
Nr 257 (HC)


Fraser v Childrens Court, Pretoria North and Others 1997 (2) sa 261 (CC)
Harksen v Lane NO & Others 1998 (1) sa 300 (CC)
Müller v President of the Republic of Namibia and Another 1999 Nr 190 (sC)
Müller & Engelhard v Namibia, Communication No. 919/2000, u.N. doc. CCpr/C/74/


d/919/2000 (2002)
Myburgh v Commercial Bank of Namibia 2000 Nr 255 (sC)
Namunjepo & Others v Commanding Officer, Windhoek Prison & Another 1999 Nr 271


(sC)
National Coalition for Gay and Lesbian Equality & Others v Minister of Home Affairs &


Others 2000 (2) sa 1 (CC)
President of the Republic of South Africa v Hugo 1997 (4) sa 1 (CC)
S v Jordan & Others 2002 (6) sa 642 (CC)
S v van Wyk 1993 Nr 426 (HC)
Toonen v Australia, Communication No. 488/1992, u.N. doc CCpr/C/50/d/488/1992


(1994)




HiV/aids in Namibia
Gender, class and feminist theory revisited


Lucy Edwards


Western feminist thought has provided the analytical tools for understanding gender
inequalities. Throughout africa, there has been a patriarchal backlash against Western
feminism. The central argument is that feminism is un-african and that it undermines
african culture. This argument does not take into account the fractured nature of af-
rican identities and african culture, nor does it take into account the huge class and
gender cleavages that exist on the continent. often the authority of african culture is
invoked to legitimise african patriarchy. While cultures do endure, their mutability is
demonstrated by the proliferation of Western consumerism among the african elite and
the rapid adoption of Western values of competitiveness and symbols of success (Gucci
shoes, armani suits and suVs). it is, however, in the area of gender relations that resist-
ance to change is most ferocious.


While Western feminist analysis has thus far failed to explain adequately african
womens experiences due to the ethnographic and class roots of its own construction,
this criticism should not detract from deep-rooted african patriarchy or the value of
feminist analysis in understanding HiV/aids. The devastation caused by HiV/aids
makes the struggle for female emancipation all the more urgent, as the rapid spread of
the virus is directly linked to high levels inequality and exploitation.


The irrefutable link between the HiV virus and aids should not lead to the medi-
calisation of the problem. parallel epidemiological patterns in North america and
asia affirm the linkages between HiV/aids, gender and class (farmer 1993:223 and
1996:37). The recognition that HiV/aids is not simply a biomedical problem, but
arises out of certain social structural conditions negates dominant racist stereotypes
that aids is essentially an african disease with black victims. While poverty and social
inequalities are the structural drivers of HiV/aids, aids also reproduces and intensi-
fies poverty and inequalities due to household income loss and increased expenditure
related to increased levels of morbidity and mortality.


epidemiological discourses on HiV/aids can be divided into four categories. first,
we have the biomedical discourse that medicalises HiV/aids and locates it within a
public health framework. Then there is the behaviouralist discourse that individualises
HiV/aids as a psychological and behavioural problem driven by individual autono-
mous choice. More recent literature saw the emergence of a human rights discourse that
asserts certain individual sexual, reproductive, treatment and socioeconomic rights in
the context of liberal democracy. last but not least is the political economy discourse that
locates the socio-structural dimensions of HiV and aids. feminist analysis that places
causality in a socio-structural realm has found the least resonance within policy debates,
perhaps because it calls for socially redistributive and transformative interventions.


0




The HiV virus crossed the species barrier more than 70 years ago (Hunter 2003).
The reason we have an epidemic at this historical juncture is linked to how features of
precolonial african practices converge with modern patriarchal african political econ-
omy. The fact that HiV/aids has hit poorer countries and the poor people in those
countries hardest is linked to gross inequalities at global, national, local and house-
hold levels. The reticence in acknowledging or acting on these inequalities reflects the
dominant neoliberal orthodoxy that resists any suggestions of redistributive or socially
transformative interventions in response to aids.


High HiV prevalence and aids death rates come at a time of economic dislocation,
mass poverty and high income disparities (Global fund secretariat 2002:2). in addition
to the high HiV infection rates, Namibia also has the worlds highest tuberculosis (TB)
rates. The TB-HiV co-infection rates stand at between 5060% (sibeene 2007). The
broader structural economic features that undermine health and provide conditions for
rapid HiV spread are embedded in some of Namibias key economic indicators (united
Nations 2004). although Namibia is classified as a lower middle income country, aver-
age per capita income masks the high levels of income inequality. The Gini coefficient
that measures income inequalities currently stands at 0.6 (Namibia Household income
and expenditure survey 2003/2004). Caprivi and ohangwena are Namibias poorest
regions: they also have the lowest level of per capita consumption and the highest level
of aids-related deaths and therefore high orphan populations (ruiz-Casares 2007 and
Weidlich 2006b).


HiV/aids and female dependency
Namibia is ranked amongst the top five aids-affected countries in the world (Global
fund secretariat 2002). The national HiV prevalence rate is 19.9%. There are, however,
regional disparities and prevalence rates vary from 39.4% in katima Mulilo to 7.9%
in opuwo. HiV infection rates are highest in the 2529 year age group (report of the
2004 National HiV sentinel survey 2005:15). Women bear the greatest HiV burden.
They account for almost 60% of new infections (united Nations 2004), and 55% of
those living with aids (Ngavirue 2006). We are therefore talking about the feminisa-
tion of HiV/aids because women, particularly poor women, are disproportionately
affected when compared with any other social group.


There are biological factors that make womens bodies more susceptible to HiV in-
fection. Higher HiV concentrations in male seminal fluids, the bigger vaginal surface
and the higher incidence of vaginal trauma as a result of sexually Transmitted infec-
tions (sTis) or the insertion of agents to meet male preference for dry sex (Jackson
2002:136) make male-to-female HiV transmission 25 times more likely than female-
to-male transmission (farmer et al 1996:47). However, these biological factors must be
seen in the context of gender power relationships. unequal power relationships impede
womens ability to protect themselves from HiV exposure. addressing HiV/aids the-
refore implies policy measures beyond public health or behaviouralist frameworks.


some of the limitations of Western feminism stem from the dualistic heuristic devi-
ces it employs to analyse gender oppression. The production-reproduction, agency-struc-
ture, biological-social or subject-object dichotomies do not adequately capture african
womens experiences. The feminisation of HiV/aids has exposed the overlaps between




H I V/A I D S in Na m ib i a






Luc y Edward s


these categories of abstraction generated by social theory. for example, socialists (engels
1972; sacks 1998 and Millet 1998) link womens oppression to the advent of private
property and monogamous marriage. However, the Namibian experience shows that
african womens oppression is not necessarily an outcome of private property or mono-
gamous marriage, but rather of male control over the means of production and social
surpluses. it also shows that patriarchy can constitute itself under different modes of
accumulation and family structures. in many parts of Namibia, factors implicated in
HiV/aids spread have their roots in precolonial african political economy where the
primary means of production, land, was not privately owned but communally owned.
However, gendered land tenure patterns allowed men to appropriate social surpluses
and hence command the labour, sexuality and fertility of women.


Becker (1995:767) disputes the notion of womens oppression in traditional Na-
mibian society because of the relative autonomy african women had to control sur-
pluses produced from the plots allocated to them by their husbands and the fact that
some women of royal descent had some political influence. Hango-rummukaien (1998)
further argues that the contract labour system introduced by capitalist social relations
destroyed the historical control women had over property and social surpluses. Both ig-
nore the fact the female body was exploited in precolonial society and that that women
provided the primary source of wealth accumulation and surplus extraction. The gen-
dered patterns of control over primary productive assets created the systemic basis for
precolonial patriarchy.


in most of the crop-growing societies of southern africa, including parts of Na-
mibia, women provided the primary source of labour (Haviland 1993:221) and their
fertility ensured the future labour supply. despite the communal ownership of land,
men controlled land use through gendered land-tenure patterns and surpluses through
gendered inheritance systems. The link between sexuality and economy was forged
through the institution of marriage. adult males (and not females) received land from
the chief and then in turn granted usufruct to their wife/wives, who produced most of
the household food supply. female livelihoods were therefore primarily predicated upon
their sexual relationship with a man (Gordon 1996:290).


Womens bodies provided productive labour. in addition, womens bodies could be
exchanged for other forms of wealth such as cattle and land. The payment of bridewealth
in the form of cattle was an exchange relationship between the womans father/uncles
and her husband for control over her labour and fertility (Guy 1990:40). Womens fer-
tility reproduced future generations of labour. Control over the female body meant
control over a primary source of surplus production (koopman 1995). The polygamous
marriage provided men with increased opportunities for wealth accumulation through
their control over multiple female bodies.


in Namibia, as in south africa, the colonial capitalist economy built itself on the
pre-existing gender division of labour found in the precapitalist peasant familial mode
of production. The articulation of capitalist and precapitalist modes of production re-
sulted in female labour providing the basis for super exploitation and capitalist accumu-
lation (Guy 1990:434 and Gordon 1996:21).


There is a trajectory of female dependency from precolonial modes of production to
the present that has and still severely impedes womens sexual and reproductive auton-
omy. This constitutes causal relationships between production, sexuality and reproduc-






H I V/A I D S in Na m ib i a


tion. The feminist binarisation of production and reproduction presents us with a false
dichotomy, for they are integrally linked into the patriarchal political economy.


Biological essentialist arguments are often used to present womens oppression as
natural and inevitable. We often hear that men are stronger than women and there-
fore they are the protectors and providers, while women are the bearers and nurturers
of children because they are weaker. even radical feminists such as firestone fall into
the trap of biological essentialism, for instance when she argues that womens role in
biological reproduction creates their dependency on men (firestone 1998). However,
in many Namibian communities the polygamous family historically formed the most
basic unit of production and reproduction. female labour also formed the backbone of
the peasant subsistence economy. Womens reproductive functions did not limit them to
domesticity, as they worked in the fields throughout pregnancy, resumed work shortly
after childbirth, and continued to work in the fields alongside lactation and childrearing
and in addition to other domestic responsibilities.


firestone is thus referring to a white middle class phenomenon of advanced Western
capitalist societies. This parsonian nuclear family gave rise to the phenomenon Betty
friedan termed the feminine mystique and differs substantially from most family
forms in Namibian society. Historically, african women have always been at the centre
of production and played the role of providers despite their biological and social repro-
duction functions.


What is changing is the fact that with introduction of capitalism and Christianity
there has been a decline in the polygamous marriage (population and Housing Census
2001). This ongoing process results in the economic dislocation of single black women.
despite its inequality and oppressiveness, the polygamous marriage gave women access
(though not control) to the primary means of production, namely land.


The decline in formal polygamous marriages does not mean an end to polygamous
sexual cultures. The figures seem to indicate a trend towards one formal marriage. This,
however, does not preclude multiple partner non-monogamous sexual relations outside
formal unions. formal marital unions were traditional alliances between family groups
and carried with them certain obligations that are absent in the non-formal, stable or
casual unions. Wives in polygamous unions had powers and responsibilities in accord-
ance with their seniority and were provided with a means of sustaining themselves and
their children through their access to land, which women in non-formal unions do not
have.


. TalcotParsons(ascitedinHaralambos,HolbornandHolborn0:)identifiedthefamily
asconsistingoftwoheterosexualparentsandtheirdependentchildren.Thisnuclearfamilyhasa
cleardivisionoflabourintermsofwhichtheroleofthefatherisbreadwinnerandprotectorand
themothertakescareofthesocialisationoftheyoungandthestabilisationofadultpersonali-
ties.Feminismusedthisfamilymodeltoconstructpublic-privateandproduction-reproduction
dichotomies.


. Betty Friedan in Feminine Mystique likened the situation of women in white middle class
America toagildedcage.Westernfeminismtendedtouniversalise theseexperiences, thereby
betrayingitsownclassandethnographicroots,aspointedoutbyAngelaDavis(),Patricia
Hill-Collins(0)andbellhooks().


. Comparisonsbetweentheand00populationcensusdataindicatethatmarriageratesare
onthedecline.






Luc y Edward s


The network of multi-partner sexual relationships that arises out of polygamous
sexual cultures places formal wives, informal wives and casual partners at risk of HiV
infection. This explains why married women are also at risk of HiV infection, even
if they are not always recognised as a risk group. an sadC study revealed that HiV
infection rates are six times higher among married women than among single women
(Tibinyane 2003).


past studies have linked HiV/aids to male sexual promiscuity (le Beau et al 1999),
but with economic displacement women are increasingly forced into multiple sexual
relationships as a means of securing livelihoods. This increases the rate of change in
sexual partnerships and size of sexual networks that fuel the rapid spread of the disease.
Womens unequal status and their dependency constrain their sexual autonomy and
their ability to negotiate safe sex.


single economically displaced women often enter into serial monogamous relation-
ships as a means of economic survival. a study of such relationships in the ohangwena
region of Namibia shows that women will repeatedly enter into relationships that have
no formal status. instead of paying a bride price to the womans kin, as would have been
case in a formal/traditional marriage, the man undertakes to support the woman finan-
cially during their union. often the woman will have children with the man, who later
abandons her to raise the children alone. The cycle can be repeated a number of times,
as each time the relationship ends the woman has to seek the patronage of another male
(Tersbol 2002:353).


some women will have more than one relationship at the same time to improve their
financial position. The ephemeral nature of these sexual unions forces some women into
multiple sexual relationships, since they do not have the relative economic stability and
access to productive resources that those in traditional polygamous marriages have.


despite the relatively low marriage rates, the Namibian National population and
Housing Census (2001) statistics classify 43.1% of the economically inactive popula-
tion as homemakers. seventy per cent are women. in absolute numbers, this 43.1%
amounts to a total of 186,644 people, which is in fact more than the number of formally
unemployed persons in the country (185,258). Given the absence of a social security
net, this means that a large group of women are not employed on their own account but
depend on others for their livelihoods.


although female rural subsistence farmers are classified as own-account workers,
their labour mainly ensures household food supply and does not provide them with
cash income. The need for cash becomes more pertinent in an increasingly monetised
economy. They rely on remittances from the modern wage labour sector for cash income
or they rely on pension payments.


at the beginning stages of capitalist development in Namibia, male labour migra-
tion resulted in an increase in womens workloads in the rural subsistence economies
(Becker 1994:99). economic monetisation has also led to the monetisation of gender
relations as cash started replacing cattle as a medium of exchange. Control over cash
increased male power and female dependency, because restrictions on female migration
caused reliance on male cash remittances for interactions with the market economy


. Winterfeldt(00:)pointstothecolonialrestrictionsonlabourmigration,suchaspass
laws.TheNativeAdministrationProclamationNoofrestrictedtheissueofworkpermits
solelytomen.






H I V/A I D S in Na m ib i a


(Winterfeldt 2002:4852). With increased economic displacement and the abolition
of influx control legislation, female migration to urban areas has increased significantly
since Namibias independence. However, our research shows that female migrants have
difficulty in entering the formal labour market and have to eke out precarious liveli-
hoods in the informal economy or engage in risky sexual behaviour as part of their
survival strategies.


social and economic changes add to the complex structure of society as new classes
begin to form. emerging classes or class fractions are wage workers, informal sector trad-
ers, working and non-working poor and urban elites, who by virtue of their privileged
positions in politics, the administrative system or business, attain considerable incomes.
High-income males from privileged positions often become the sugar daddies to young
girls and the partners of unemployed women in transactional sexual relationships.


our empirical data were collected in the informal settlements of Windhoek. Three
data collection instruments were used, namely a baseline survey, focus group discussion
and key informant interviews. The baseline survey provided demographic and social
economic data that permitted correlations between sexual attitudes, behaviour and so-
cio-cultural circumstances. a total number of 712 interviews were conducted in four
different informal settlements, Goreangab, okahandja park, Hakahana and Greenwell
Matongo as shown in Graph 1. The informal settlements act as the reception centres for
new urban migrants and Graph 2 shows an increase in female migration, particularly
over the last five years.


. Allempiricaldatacitedinthisarticlewascollectedin00andreportedinEdwards(00).


Graph 1: Stratification area


24,8%
Hakahana


24,5%
Greenw ell Matongo


25,5%
Goreangab


25,2%
Okahanja Park


Graph 2: Length of time in Windhoek


Male


Female


02 34 56 78 910 >10 years
years years years years years


35


30


25


20


15


10


5


0


Pe
rc


en
t






Luc y Edward s


Graphs 3, 4 and 5 show that women face higher levels of labour market exclusion and
that when they have jobs, they are most likely to be casual and with lower pay. The study
also shows 61.4% unemployment among new female migrants in informal settlements.
This is much higher than unemployment in the general population, which, depending
on the source, is set at between 19% and 34.5%. in addition, women are more likely to
be in casual employment. This implies less job security, no benefits and lower incomes.


. PopulationandHousingCensusof00sets theunemploymentrateat%but theLabour
ForceSurvey000setsitat.%.


Graph 3: Gender disaggregation of the employed


Graph 4: Gender disaggregation of type of employment


Graph 5: Gender disaggregated personal income


Employed


Unemployed


Male
Female


Male Female


70


60


50


40


30


20


10


0


70


60


50


40


30


20


10


0
Full-time Part-time Casual Others


Male


Female


100
90
80
70
60
50
40
30
20
10


0
Variable


0500
6001000


11001500


16002000


30004000


More than 4000
Current personal average income






H I V/A I D S in Na m ib i a


focus group discussions revealed that men generally have more skills they could
use to generate income such as plumbing, electrical repairs and maintenance work. The
gender disaggregation of schooling indicates that up to junior secondary level more
women have access to education than men. in the senior secondary and tertiary phases,
the gender gap reverses in favour of men, who then show higher levels of educational
attainment.


sixty-six per cent of all women reported a monthly income of below N$ 500 a
month. The results also show an inverse relationship between gender and level of in-
come, as women were less represented in higher income categories, and the concentra-
tion of women is in the lower income categories. Not a single woman reported a per-
sonal income of N$ 4,000 or more per month. Besides wages and salaries, respondents
were asked to indicate other sources of income in order to establish how income is
generated outside formal employment. The majority (34%) reported no other sources of
income. of those who had other sources of income besides wages and salaries, 31.6% of
all female respondents cited boyfriends as another source of income.


although some may see female migration as an expression of human agency and
an attempt to escape patriarchal control, our research shows that these women are sub-
jected to new forms of patriarchal control as their bodies become commodified and the
means by which they secure their tenuous livelihoods.


Marginalised womens survival strategies are often hailed as an assertion of female
agency and testimony of womens ability to negotiate patriarchy at an individual level.
This is also seen as evidence of a resisting subject who defies victim stereotypes (Bar-
riteau 1995). The point often overlooked is that survival strategies do not challenge the
structural basis of womens marginalisation or exclusion, nor do they challenge the gen-
der and class division of labour and ownership patterns that force many women to eke
out a living on the margins of the economy. The ingenuity with which some women at
times establish very tenuous livelihoods bears testimony to creative and active subjects.
This should not be romanticised as emancipation. it is mere survival.


The socio-cultural construction of sexuality and autonomous,
rational choice
since firestone, a whole generation of poststructuralist feminist scholarship attempted
to overcome the reductionism of the base-superstructure metaphor to explore the mul-
tiplicity and intersecting nature of power that is neither essentialist or deterministic.
The retreat from structuralism was also an attempt to give an account of the individual
human subject that totalising meta-narratives lacked (Weedon 1997 and Hill-Collins
1990). The poststructuralist feminist female subject became a corporeal and sexual sub-
ject whose body is the root of subjectivity, and the corporeal manifestation of relations
of power (Harcourt 2002:2902).


This concern with the politics of the body provides new insights into the intersection
between the sexual and the social. While the incisiveness of poststructuralist feminist
analysis lies in pointing out how womens corporeal experiences are outcomes of rela-
tions of power, it does not, however, provide us with a clue as to the causes of these
power differentials. The focus on womens diverse experiences occludes any assertions of






Luc y Edward s


causality, common interests or collective struggles. it tends to privilege the role of sub-
ject and individual agency over social structure. This presents the danger of positioning
the struggle for control over the body as an individual one, thus liquidating collective
struggles for structural change that will give many poor women the space to control
their own bodies.


The feminist argument of the body as a marker of social power and the site of many
struggles (Harcourt 2002:293) become very germane when theorising HiV/aids.
While being transmitted through and acting on the body, the HiV/aids epidemic in
southern africa is an outcome of relations of subjugation and domination. if the retreat
from structuralism has underscored the multiplicity and intersecting nature of power,
then HiV/aids once again foregrounds the structural nature of that power.


The feminist debates around the epistemological location of female oppression are
often dichotomised into biological essentialist or social constructivist discourses. How-
ever, HiV/aids shows the interconnectedness between the socio-cultural and the bio-
logical and blurs the boundaries between these theoretical constructs. The dominant
biomedical and behaviouralist discourses on HiV/aids have ignored the gross class
and gender inequalities that spawn its spread. The underlying assumptions of most cam-
paigns are that once individuals have been educated about the modes of HiV trans-
mission and prevention, they will make rational choices about protecting themselves
(fox 2002). our findings show that the link between knowledge and sexual behaviour
modification is not linear or automatic. sexual and reproductive decisions are not al-
ways made out of own volition, as the liberal philosophy of autonomous free choice that
underlies the aBC rule seems to suggest.


farmer et al. (1996:199200) argues that the epistemic shift towards behaviour-
alist and individualistic psychological explanatory frameworks tends to atomise and
individualise HiV/aids. it dis-socialises a very social phenomenon. it also results in a
near obsession with knowledge, attitudes and behaviour surveys to identify the causes
of HiV spread. The weaknesses of these explanatory frameworks lies not in what they
reveal but rather conceal, namely an account of the social-structural factors implicated
in HiV/aids spread and how those structural factors diminish autonomous choice.


our research findings show a high level of HiV/aids awareness. This is consist-
ent with findings elsewhere that show where there are high levels of HiV prevalence
there are high levels of HiV/aids awareness (united Nations 2002). Most respondents
(99.2%) had heard of HiV/aids. respondents were very aware of how one could pro-
tect oneself against HiV/aids infection. The majority (84.8%) of respondents knew
that there is no cure for the disease. only 6% felt that a doctor, nurse or traditional
healer could cure aids. Ninety per cent agreed that HiV infection could be prevented
through condom use. When asked what preventive measures they would recommend,
64% said condoms and 19.6% said being faithful to one partner while 13.4% recom-
mended abstinence. people were also very aware of other forms of transmission and
prevention such as avoiding contact with contaminated blood and other body fluids.
so why then, despite high levels of knowledge and awareness, do we still such a high
percentage of new infections?


The link between sex and marriage forged in HiV/aids campaigns ignores the
socio-cultural construction of sexuality. in Namibia, 19% of the population have mar-
riage certificates. a further 7% are in stable relationships without having gone through






H I V/A I D S in Na m ib i a


a legal or traditional marriage (population and Housing Census of 2001). in our study,
13.4% of all respondents reported that they were married and a further 15.5% were co-
habiting. Men reported societal and peer pressure to prove manhood by being sexually
active. Women reported a lack of sexual autonomy to make decisions about abstinence
due to unequal gender power relationships and economic exigencies. as Graph 6 shows,
most people engaged in premarital sex despite calls for abstinence.
The be faithful aspects of the aBC rule fly in the face of existing polygamous sexual
cultures. elements of traditional african patriarchal sexual cultures are still widespread
and exist alongside Christian patriarchal sexual norms, resulting in a synthesis and a
wide range of sexual norms.


The Western Christian notion of being faithful as advocated in prevention cam-
paigns does not carry the same meaning in all cultures. in our research population,
some saw it as applicable to women and not to men. some traditions do not recognise
adultery as offensive towards women. it is for this reason that adultery has historically
been something that only happens to men. When one man had sexual relations with
the wife of another man, then adultery was committed against the male spouse of the
woman involved in the adulterous affair and not against the female spouse(s) of the man
who had the adulterous affair (Becker 1995:72). With some groups, polygamous male
sexuality was and to some extent still is a desirable norm as it signifies social status. Mo-
nogamy on the other hand has traditionally been a poor mans burden.


The migrant labour system introduced under apartheid capitalism further contrib-
uted to the polygamous sexual cultures, as men entered into additional sexual unions
with women where they were based while still conducting relationships with spouses or
partners in the rural areas.


of the three elements of the aBC, rule our study shows condom use to be the most
practised prevention strategy. However, gender inequality in decision-making over con-
dom use underlines womens vulnerability. patriarchal power relations and economic
dependency often make it impossible for women to negotiate condom use.


Most women cannot express their own sexual desires or even discuss sexual mat-
ters with their partners. Culturally, women are taught to display a passive uninterested


. Inour interviews,wewantedtoknowwhymenstillengage insexual relationswithmultiple
partnersdespitethethreatofHIV/AIDS.Wewereconstantlyremindedthatitisthewayofthe
forefathers.


Graph 6: Martial status and currently sexuality active


90
80
70
60
50
40
30
20
10


0
Married


Single


W
idowed


Cohabitating


Divorced


Yes


No




0


Luc y Edward s


aloofness about sex to confirm male sexual dominance in relation to female innocence
and ignorance (Becker 1995). in addition, widespread gender-based violence creates a
culture of fear that inhibits womens ability to express their sexual preferences freely.


Where ideological platforms failed to manufacture female consent to male control,
the use of physical violence was an acceptable way of asserting male dominance and
control over the female body. anthropological research (unpublished research reports
from a class of sociology students of the university of Namibia in 2005) show that many
cultures justified the use of violence if a woman did not accept male authority or did not
meet male domestic or sexual expectations. Violence against women is still widespread.
The World Health organizations (2005) country study on violence against women
indicate that in Namibia 36% of women experienced some sort of physical or sexual
violence at the hands their partners and that as many as 20% reported sexual abuse
before they reached the age of 15 years.


decisions about fertility are often not matters of personal choice, but made to meet
family and social-cultural obligations. fertility desires often outweigh health consid-
erations, be it in relation to HiV exposure or the possibility of mother-to-child trans-
mission (united Nations secretariat 2002). fertility desires are still central to social
construction of masculine and feminine identities. fatherhood is often synonymous
with manhood and motherhood synonymous with womanhood. This creates pressure
to prove fertility through unprotected sex (Mcfadden 1992). There is further specula-
tion that women may want to prove their fertility and thereby good health to hide their
HiV-positive status for fear of abandonment or stigmatisation by their spouses and
families. This may explain why some have unprotected sex, risk pregnancy, ill health
and possible HiV transmission to their unborn children.


in our research, male condom use was consistently higher than female condom use.
Ninety per cent of men and 55% of women reported condom use with casual partners
and 93.3% of men and 52.4% of women reported condom use with other partners. The
empirical evidence suggests that condom use is relative to male preference. since female
condoms are not as freely available as male condoms and microbicides are still not a
reality, women do not have the same degree of choice about condom use and other safe
sex technologies.


despite the polygamous sexual cultures that place women in stable unions at risk,
there is still a great deal of ambivalence about a womans right to protect herself through
condom use, as shown in Graph 8 below. of all men, 73.7% and 43.3% of all women
thought that a man has a right to have sexual intercourse with his wife without a con-
dom.
There are other sexual practices that further impede womens sexual autonomy and
that increase their susceptibility to HiV infection, such as the practice of dry sex, wife
lending, early sexual debut and cross-generational sex, when young girls are offered to
maternal uncles or cousins who initiate them into sexual activity or become involved
with sugar daddies.


. Talavera(00:)referstothepracticeofOkujepisaorOupangausedinOvahereroandOva-
himbacultureswhereamancanofferhiswifetoafriendorpersonofhighofficetocementmale
friendship.Oupangaliterallymeansdemonstratingtruefriendship.






H I V/A I D S in Na m ib i a


Conclusions
a social-structural analysis of HiV/aids will necessarily lead to certain conclusions
about the need for socially transformative interventions beyond behaviour change as
assumed by most HiV/aids prevention campaigns. it in fact calls for action that will
challenge the existing class and gender inequalities that fuel the spread of the disease
in Namibia. The trajectory that links womens current dependent status has its roots in
precolonial political economy. Colonialism exacerbated womens exploitation and post-
independence economic policies have failed to address the gender imbalances in the
ownership and control of productive assets, hence continuing the trajectory of female
dependency that curtails sexual and reproductive autonomy and fuels the HiV spread.


attempts to label all structural analysis of womens oppression as essentialist or
reductionist dissipate when analysing the historical roots of womens dependency on
men and how that dependency diminishes womens sexual and reproductive autonomy.
despite attempts to develop a non-economic analysis of power, the epidemiology of
HiV/aids locates the disease firmly within the realm of structural-level inequalities,
of which unequal access to productive assets and unequal resource distribution are the
most structuring.


The question of how to tackle the HiV/aids spread is linked to how we tackle
inequalities. Campaign messages based on assumptions of rational free choice mostly
fail to bring about the desired results because they do not take into account the broader
social-cultural construction of sexuality. feminist analysis that points to the politi-
cal economy of aids can help us understand the underlying causes of not only HiV
spread, but the feminisation of the disease.


Graph 8: A husband has the right to have sex without a condom


Agree


Disagree


Male Female


80


60


40


20


0


Pe
rc


en
t






Luc y Edward s


references


Barriteau, e. (1995), postmodernist feminist Theorizing and development policy and
practice in the anglophone Caribbean, in M. Marchard and J. parpart (eds),
Feminism Postmodernism Development. london: routledge


Becker, H. (1995), Namibian Womens Movement 198092. frankfurt/Main: iko
Berer, M. (1993), Women and HIV/AIDS: An International Resource Book. pandora
Caplan, p. (ed.), (1987), The Cultural Construction of Sexuality. london: routledge
Cranny-frances et al. (2003), Gender Studies: Terms and Debates. New York: palgrave
davies, a. (1982), Women, Race and Class. london: Womens press
edwards, l. (2005), HiV/aids, Patriarchy and Poverty: A gendered perspective. Windhoek:


!Nara Training Centre
engels, f. (1972), The Origin of the Family Private Property and the State. New York:


international publishers
epinge, s. (2003), The relationship Between Gender roles and HiV infection in


Namibia, in B. otaala (ed.), HiV/aids: Government Leaders in Namibia
Responding to the HIV/AIDS Epidemic.
Windhoek: university of Namibia press


farmer, p. (1993), aids and racism, AIDS and Accusation. Berkeley: university of
California press


et al. (1996), Women, Poverty and AIDS: Sex, Drugs and Structural Violence. Maine:
Common Courage press


(1999), The persistent plagues, in p. farmer, Infections and Inequalities. Berkeley:
university of California press


firestone, s. (1998), The dialectic of sex, in s. ruth (ed.), Issues In Feminism: An
Introduction to Womens Studies. California: Mayfield


fox, T. (2002), The Cultures of aids: a Cultural analysis and New policy approaches for
Namibia, in V. Winterfeldt, T. fox and p. Mufune (eds), Namibia, Society, Sociology.
Windhoek: university of Namibia press


fourie, p .(2005), AIDS in Africa: Three Scenarios by UNAIDS. Gordons Bay, Workshop
presentation


frayne, B. and W. pendleton (2003), Mobile Namibia: Migration Trends and Attitudes. Cape
Town: southern african Migration project


friedan, B. (1963), The Feminine Mystique (online). Chapter 1. available from: www.h-net.
org/~hst203/documents/friedan1.html and Chapter 2. available from: www.h-net.
org/~hst203/documents/friedan2.html


Gordon, a. (1996), Transforming Capitalist Patriarchy. london: lynne reinner
Gordon, p. and k. Crehan (1999), Dying of Sadness: Gender and Sexual Violence and the


HIV Epidemic. New York: uNdp
Guy, J. (1990), Gender oppression in southern africas pre-capitalist societies, in C.


Walker (ed.), Women and Gender in Southern Africa to 1945. Cape Town: david
philip


Hango-rummukainen, B. (1998), Gender and Migration: Social and Economic Effects on
Women in Owambo (18901940). Windhoek: uNaM seminar paper


Hangula, l. (2003), opening and welcoming remarks at a workshop, in B. otaala (ed.),
HIV/AIDS: Government Leaders in Namibia Responding to the HIV/AIDS Epidemic.
Windhoek: university of Namibia press


Haralambos, M. and M. Holborn (1990), Sociology: Themes and Perspectives, 3rd edition.
london: unwin Hyman.






H I V/A I D S in Na m ib i a


(1995), Sociology: Themes and Perspectives. london: Harper Collins
Harcourt, W. (2002), Body politics: revisiting the population Question, in k. saunders


(ed.), Feminist Post-Development Thought: Rethinking Modernity, Post-Colonialism and
Representation. london: Zed


Haviland, W. (1993), Cultural Anthropology. florida: Harcourt Brace
Hill-Collins, p. (1990), Black Feminist Thought: Knowledge, Consciousness, and the Politics of


Empowerment. Boston: unwin Hyman
Hooks, B. (1984), Feminist Theory: From Margin to Centre. Boston: south end
Hunter, J. (ed.), (2004), Beijing +10 the Way Forward: An Introduction to Gender Issues in


Namibia. Windhoek: Namibia institute for democracy.
Hunter, s. (2003), Black Death: AIDS in Africa. Hampshire: palgrave
Global fund secretariat (2002), Namibian Country Co-ordination Mechanism for HIV/


AIDS, Tuberculosis and Malaria. Windhoek: funding proposal
iipinge, e. and d. le Beau (1997), Beyond Inequalities: Women in Namibia. Windhoek:


uNaM/ sardC
and M. Williams. M. (ed.), (2000), Gender and Development. Windhoek: pollination
Jackson, H. (2002), AIDS Africa: Continent in Crises. Harare: safaids
Jauch, H. (2003), The Namibian Labour Market at a Glance. Windhoek: larri research


paper
kemal, M. (2000), reproductive rights, policies and strategies, in e. iipinge and M.


Williams (eds), Gender and Development. Windhoek: pollination
koopman, J. (1995), Women in the rural economy: past, present and future, in


M. Hayman and s. stichter (eds), African Women South of the Sahara. london:
longman


le Beau, d., T. fox, H. Becker and p. Mufune (1999), An Anthropological Assessment of
Health Risk Behaviour in Northern Namibia.
Windhoek: Ministry of Health and
social services


lash, s. (1990), Sociology of Postmodernism. london: routledge
loewenson, r. and a. Whiteside (1997), Social and Economic Issues of HIV/AIDS in


Southern Africa: A Review of Current Research. Harare: safaids
Marchard, M. and J. parpart (ed), (1995), Feminism Postmodernism Development. london:


routledge
Marshall, B. (1994), Engendering Modernity: Feminism, Social Theory and Social Change.


Boston: Northeastern university press
Mcfadden, p. (1992), sex, sexuality and the problem of aids in africa, in r. Meena


(ed.), Gender in Southern Africa: Conceptual and Theoretical Issues. Harare: sapes
Millet, k. (1998), Sexual Politics in Ruth, S (ed) Issues in Feminism: An Introduction to


Womens Studies. California: Mayfield
Mufune, p. (2002), Youth problems in Namibia, in d. le Beau and J. Gordon (eds),


Challenges For Anthropology in the African Renaissance. Windhoek: university of
Namibia press


Ngavirue, M. (2006), united We Win divided aids Wins, New Era, 4/12.2006
republic of Namibia (1993), 1991 Population and Housing Census: National Report.


Windhoek: National planning Commission
(2002), Report on the 2002 National HIV Sentinel Survey. Windhoek: Ministry of Health


and social services
(2003), 2001 Population and Housing Census: National Report. Windhoek: National


planning Commission






Luc y Edward s


(2005), Report of the 2004 National HIV Sentinel Survey. Windhoek: Ministry of Health
and social services


ruiz-Casares, M. (2007), How did i become the parent? Gender responses to New
responsibilities among Namibian Child Headed Households, in s. lafont and d.
Hubbard (eds), Unravelling Taboos: Gender and Sexuality in Namibia. Windhoek:
legal assistance Centre


sachs, k. (1998), The Class roots of feminism, in s. ruth (ed.), Issues in Feminism: An
Introduction to Womens Studies. California: Mayfield


saunders, k. (ed.), (2002), Feminist Post-Development Thought: Rethinking Modernity, Post-
Colonialism and Representation. london: Zed


sibeene, p. (2007), Namibias Td infection Too High, New Era, 27/03/07
sommerville, J. (2000), Feminism and the Family: Politics and Society in the UK and USA.


london: Macmillan.
sWapo (1984), Women in Production and Reproduction. london: Conference paper
Talavera, p. (2002), Challenging the Namibian Perception of Sexuality: A Case Study of the


Ovahima and Ovaherero Culturo-sexual Models in Kunene North in the HIV/AIDS
Context.
Windhoek: Gamsberg Macmillan


Tersbol, B. (2002), How to Make sense of lover relationships: kwanyama Culture and
reproductive Health, in V. Winterfeldt, T. fox. and p. Mufune (eds), Namibia,
Society, Sociology.
Windhoek: university of Namibia press


Tibinyane, N. (2003), are reproductive rights respected and promoted in Namibia? The
Namibian, 9/12/03


united Nations secretariat (2002), HIV/AIDS and Fertility in Sub-Saharan Africa: A Review
of the Research Literature.
New York: united Nations


uNaids (2004), Report on the Global AIDS Epidemic. Geneva: united Nations
uNiCef (2005), Childhood under Threat: The State of the Worlds Children. New York:


report
Weedon, C. (1997), Feminist Practice and Poststructuralist Theory. oxford: Blackwell
Weidlich, B. (2006), Caprivi the poorest region in Namibia, says report, The Namibian,


21/07/06
World Health organization (2005), WHO Multi-country Study on Womens and Domestic


Violence. Geneva: World Health organization




decolonising sexuality


Suzanne LaFont


Field notes, March 9, 2006: Thursday night at about 9:00 p.m. I walk into
a bar on Independence Avenue in Windhoek. All of the bar stools are
occupied by young beautiful black women. About thirty minutes later the men
begin drifting in. In contrast to the women, many of who could have been
supermodels, the men are older, balding, most sporting big beer bellies, and
they are white. Subtle and not-so-subtle negotiations begin as the women vie
for the mens attention and presumably, the contents of their wallets.


The above scenario, an integrated bar and interracial sexual interaction, would have
been illegal under apartheid. Today it is part of what sexuality looks like in postcolonial
Namibia. race and class dynamics from the colonial era have been altered, but not
eliminated and liberation is the not first word that comes to ones mind while watching
a scene, such as the one described here, unfold.


independence in Namibia created an opportunity for immense political, economic
and social changes. liberation from colonisation and apartheid offered the hope for
the realisation of other forms of freedom, such as the restructuring of gender roles and
sexual mores. in many ways, the new constitution and legal reform reflected this atmos-
phere of equality and the expansion of personal liberty. However, independence has also
fostered nationalism, which in turn has fostered self-consciousness about national iden-
tity and morality. The struggle for postcolonial national identity has at times involved
the rejection of things foreign, including perceived foreign immoral sexual attitudes and
practices. at the same time, a reverence for traditions, including those that deny sexual
self-determination, are defended under the auspices of nationalism.


The new Namibian morality is often at odds with human rights discourse. There is
at once a desire to be both modern and politically correct and Namibian and african. at
times it has not been easy to reconcile these sometimes contradictory notions in terms of
national identity and statehood. in some cases, perceived Namibian-ness has been given
preference over human rights.


postcolonial debate on issues related to sexuality has been extensive, with topics
ranging from HiV/aids to gay rights. The HiV/aids pandemic has, in some ways,
forced sexuality out of the closet, while at the same time state-sponsored homophobia
has ensured that many gays and lesbians stay in the closet (or out of the country). This


1. The entire notion of tradition has been called into question, because cultures are continually
evolving, the concept of traditions is elusive and one has to be careful not to present a snapshot
of a culture frozen in a time the photographer deemed traditional (Becker 2000).







Suzanne LaFon t


paper will begin with a brief description of pre-independence sexuality and then survey
various aspects of sexuality and discuss the dynamics of sexuality in Namibia today.


pre-independence sexuality
Christianity, colonisation and the various local sexual ideologies were the three major
dynamics that shaped pre-independence sexuality. Colonialism affected sexuality on
many levels, affecting gender roles and gender relations. The introduction of 19th cen-
tury Christian doctrine with its patriarchal and puritanical morality impacted existing
sexuality ideologies. Yet despite these hegemonic forces, local traditional sexual ideolo-
gies managed to evolve and survive. iipinge and leBeau (1995) note that for many
black Namibians, especially in the rural populations, traditional values and norms still
apply today.


Traditional Sexualities


it is impossible to discuss comprehensively the sexual ideology of a national culture
in Namibia due to the differences in sexual beliefs among the diverse ethnic groups.
Cross-cultural comparisons are also difficult because during the pre-independence era
data about sexuality were not collected in any systematic way. despite these disclaimers,
the findings from some recent research may shed light on past and current sexual beliefs
and behaviour.


Talavera (2007) interviewed three different generations of people in northern Na-
mibia specifically about sexuality. He sought out the elders and asked them about the
sexual mores, attitudes and practices that were accepted when they were young. He
found that some of Namibias ethnic groups allowed children to explore their sexual-
ity with little adult interference. However, once young people reached puberty, sexual
experimentation, which could then lead to pregnancy, was strictly forbidden. some
ethnic groups had initiation rites to prepare young people for marriage that included
basic information about sex. Marriages were arranged and girls were often married at a
young age, usually shortly after their first menses. it was not uncommon for husbands
to be significantly older than their wives. Wives were not allowed to reject their hus-
bands sexual advances: refusal was seen as justification for a beating. Husbands were
formally and informally allowed to have multiple partners, while wives were expected to
be monogamous. Men as head of the household were entitled to make decisions about
the couples sexual and reproductive lives.


despite the sexual freedom allowed some children, sex and sexuality were rather
taboo subjects and, in general, parents did not discuss sex with their children. in some
cultures, girls did not learn about menstruation until it occurred, and boys knew noth-
ing of wet dreams until they had them. if young people were told about sex, it was often


2. Talavera (2007) has reported childhood sexual games among the Himba, Herero, san and people
in the kavango and Caprivi. The presence of institutionalised childhood sexual exploration has
not been studied among the owambo, damara or Nama.






D e co l on i s i n g s e x u a l i t y


put in a negative context, for example, penises bite and premarital sex is lethal (Talavera
2007).


Christianity


British (1806), German (1842) and finnish (1870) missionaries entered into cultural
environments where, according to Becker (2007), class and not gender was the defining
feature of power and many women held a high position. Christian doctrine from this
period was patriarchal and held a primitive view of african sexuality. Many Christian
missionaries in Namibia, as elsewhere, believed that african sexuality needed to be
contained (Becker 2003). in order to accomplish this, a new moral order was promoted
while traditional expressions of sexuality were discouraged. The new religion helped
reinforce mens power vis-à-vis women. Namibian men were able to adopt the aspects
of Christianity that suited them and further legitimised their power. Missionaries were
influential in promoting female chastity, transforming or eliminating rituals related to
initiations and eroding womens power.


The introduction of Christianity through missions turned out to be a double-edged
sword for Namibians. The German government used their presence as a pretext for
sending troops into the country, which led to the loss of land. The church also discour-
aged traditional practices and beliefs and reinforced the existing silence on sexuality.
on the positive side, missionaries had resources and assisted with education and health
care and later they participated in the struggle for independence by supporting sWapo
and publicising the plight of Namibians (Csa n.d.). The long-term effects of the in-
troduction of Christianity cannot be overstated and conservative Christian morality is
strong and popular today and continues to impact sexual beliefs and practices.


Colonialism


The colonial administration refused to recognise women leaders and manipulated cus-
tomary laws to suit its needs. Colonial officials promoted Western patriarchy, which
reconfigured power within gender relations. under colonial law, women were classified
as minors: they could not vote nor own land and they needed their husbands permis-
sion to enter into legal contracts (leBeau n.d.). prior to this, many Namibian women
enjoyed substantial autonomy in their personal and sexual lives (Becker 2007). similar
to those of the missions, colonial discourses constructed Namibian sexuality as the
opposite of their own civilised sexuality, something that needed to be contained and
controlled (Becker n.d.).


apartheid affected sexuality by putting into effect laws prohibiting the social and
sexual intercourse between whites and people of other races. The most important pieces
of legislation regarding sexuality were the prohibition of Mixed Marriages act (No. 55)
of 1949, which banned marriage and cohabitation between whites and non-whites and
amendments to The immorality act (1950), which went beyond the 1949 legislation
and legally forbade sexual relations between whites and non-whites. This act gave police
the power to spy on people, hunt them down, invade their homes, enter their bedrooms
and confiscate their bed sheets and underwear as evidence: some suspects were forced to






Suzanne LaFon t


undergo physical exams. These insidious methods may have curbed, but did not prevent
interracial intercourse. in south africa, as many as 20,000 people were prosecuted,
convicted and jailed under this law until its repeal in 1985 (iyer 2005). presumably,
this figure represents only the tip of the interracial sexual relations iceberg. apartheid ef-
fectively pushed interracial sexuality underground and much of it remains there today.


sexuality Today


if i think young kids are having sex, it might be because of nowadays this television
thing. The kids are more attracted to it, see the things on television and say let me give it
a try, let me try it out. for example, the advertisement of using a condom, it is very wild.
(13-year old boy from katutura, quoted in Hailonga-van dijk 2007)


despite the modern ring to the above quote, young people in Namibia face a conserva-
tive government, churches and parents. The young, especially those in urban areas, are
caught between the new and the old morality. They are exposed to and must reconcile
the in-your-face sexuality of the West with public health campaigns that focus on the
dangers of sex and the conservative messages from the church and government. on
one hand, there seems to be a reconfiguring of sexual morality due to the desire by the
young to be modern. on the other, the elders and their parents emphasize constraint
and the importance of tradition.


Tradition and Sexuality


The long struggle for independence has fostered a reverence for tradition and nostalgia
for recognition of Namibian culture. on the one hand, there is a desire to be Namibian
and african. on the other, there are strong desires in the government to be politically
correct in terms of gender equality. on this point, some legal reform has been imple-
mented, but the lives of people in rural areas have not been significantly impacted by
new laws. Thus, independence has not liberated women from customs that disadvantage
them and limit their freedom in terms of sexuality and marriage. patriarchal practices
are defended as traditions and legal reform such as the Married persons equality act
1 of 1996, which dethroned men as the legal head of their household, were fiercely de-
bated and met much opposition before enactment (cf., Hubbard 2007).


one custom practised by many ethnic groups in Namibia that negatively impacts
womens sexuality and has contributed to male dominance is lobola, the word that is lo-
cally used to describe bride price. in Namibia, lobola was commonly paid in the form of
cattle and was an indication that a man had wealth and, hence, would be able to support
his wife. it was also a gesture of respect and gratitude to the brides family for raising


3. according to court records, most cases involved european men and african women. sentences
were usually around six months in jail combined with caning (farrell 2006).


4. The word lobola is Zulu in origin but is used throughout southern africa to describe bride price.
Bride price was and is still practised in many cultures in africa. specific customs vary (e.g., bride-
wealth and bride service) but in all its forms it involves a transfer of goods and/or services from
the groom or his family to the bride or her family.






D e co l on i s i n g s e x u a l i t y


his future bride. Today, lobola is more often seen as payment for a bride, meaning that
the husband and his family have purchased the woman, including her future domestic
production and children. This relegates wives to a rather powerless position within the
family unit and promotes sexual abuse, physical abuse and limits her ability to negoti-
ate safe sex. Lobola also creates hardships for men who find it is increasingly difficult
to accumulate the necessary wealth to marry. This does not mean, however, that they
forgo sex or parenthood: hence it contributes to the number of children being born out
of wedlock (pauli 2007).


another custom that negatively impacts womens sexuality is polygyny. Twelve per
cent of Namibian women live in polygynous unions, 8% report having one co-wife and
4% report having two or more co-wives. polygamous marriage is illegal under civil law
but is legal under some customary laws. Today, polygyny exposes women to HiV/aids
because it increases the number of her husbands sexual partners, and there has been a
move to outlaw it altogether (cf., Hubbard 2007). if outlawed, it would also be the end
of levirate, another custom that disadvantages women by denying them sexual auton-
omy. levirate, a custom in which the brother of a deceased man inherits his brothers
wife, is practised to some extent by most of the cultures in Namibia (except among the
Nama). Traditionally, it is based on the benevolent idea of women needing mens protec-
tion and it would be cruel of the family to leave a woman without a husband. However,
for some women their options are limited and the choice she must make is between a
levirate union and abject poverty (ovis 2005).


Race and Sexuality


as the field notes at the beginning of this chapter suggest, much of todays inter-racial
sexual activity is based on mutual exploitation and rarely sees the light of day, despite
the fact that laws prohibiting sexual apartheid have been repealed. This is primarily due
to vast economic inequalities between blacks and whites and the persistence of social
separation between whites and blacks, who often live, work and socialise in separate
spheres. This separation is painfully evident in Windhoek. in areas such as klein Wind-
hoek and ludwigsdorf, black domestic workers arrive in the morning to clean houses
almost exclusively owned by whites. in the evening, they return to the former black
township of katutura, where white faces are a rarity. it is unusual to see interracial cou-
ples in town and rarer still is to see them accompanied by interracial offspring. White
men and women who become openly involved with black men and women are assumed
to be foreigners. Most Namibian-German families, despite having lived in Namibia for
several generations, are still intermarrying and producing blond, blue-eyed children.


Wises (2007) research confirms that racial prejudice still exists among elite af-
rikaner men. she found that sexual stereotypes persist alongside the construction of
the other in terms of sexual prowess and ability and behaviour. interestingly, some
of Wises informants appropriated african identity when describing their own sexual
prowess You know what they say about african men & This is a sexual stereotype
usually reserved for black, not white, african males. Most rich afrikaner men claim to
avoid sexual contact with black women and when afrikaner men were presented with
hypothetical scenarios of having sex with white and black women, some men admitted




0


Suzanne LaFon t


that they would not or had not used a condom when having sex with white women, but
that they would definitely wear a condom when/if they had sex with black women. This
suggests that there is a perception among Namibian elites that HiV/aids is a black
disease, a factor that could certainly reinforce racial sexual segregation, increase racial
prejudice and promote unsafe sex between whites.


in my research with black female sex workers, many of the women discussed their
clients in terms of race and emphasised racial differences. They explained that they
preferred white clients because they paid better and that they were nicer. These women,
however, also underscore that they encounter the other regarding white peoples sexu-
ality and believed that white and black peoples sexuality differs in terms of preferences
and practices.


Sexuality and Economics


independence has not translated into economic independence for most Namibians. it
has resulted in increased urban migration with subsequent decreases in support from the
extended family. in addition, persistent poverty has been combined with an increased
exposure to consumer goods. Given these circumstances, it is not surprising that a vari-
ety of non-marital sexual relationships with economic components are flourishing in the
postcolonial era. it is believed that sex work, transactional sex, survival sex, and sugar
daddy/mommy and teacher/learner relationships are on the rise. it is, however, difficult
to fit this myriad of sexual contacts into neatly labelled boxes. Grey areas are probably
the rule rather than the exception, with various levels of emotional attachment, psycho-
logical connectedness, physical involvement and economic compensation.


While some men are on the economic receiving end of sex-exchange relationships,
overwhelmingly it is women who negotiate, barter and sell sex for economic gain.
Therefore, to gain a perspective on sex-exchange in Namibia, we need to examine the
economic situation of women. Thirty nine per cent of the urban and 44% of the rural
households are headed by women. female-headed households tend to be the poorest of
the poor because they become dependent on one income and child care conflicts with
income-producing activities. single mothers are often compelled to work in the infor-
mal sector or take low-paying, dead-end insecure employment, such as the production
of handicrafts and domestic work. iipinge and leBeau (2005) report that unemploy-
ment among women was 64%, and that women often take advantage of any income-
generating activity available to them, regardless of risk or low profit turnover & women
and children have been found working in some of the most squalid circumstances in
Namibia.


Many women shoulder the financial responsibility for their children, although their
annual income is, on average, 50% less than what men earn. securing child mainte-
nance payments is notoriously difficult men deny paternity, many men migrate and
connections are lost, and it is difficult to determine a mans income if he works in agri-
culture or the informal economy. in addition to these problems, the magistrates courts
are understaffed and are often located far from rural areas. even if a mother is able to


5. domestic workers in Windhoek earn between N$ 50 and N$ 80 per day, which works out to less
than 10 euros per day, or about 163261 euros a month.






D e co l on i s i n g s e x u a l i t y


obtain a court order for maintenance, the average payment per child per month was N$
76 the last time it was calculated.


since independence, there has been an increase in unwed teenage pregnancies. This
is attributed to the breakdown of traditional sexual mores that forbid premarital sex. it
has been reported that in urban areas, some young men insist that their girlfriends prove
their fertility by having a baby before they marry. Too often, the young woman finds
herself abandoned after the baby is born. When the woman forms a new relationship,
she is expected to have another child with her new partner and so on and so on, only
to be deserted by father after father (pauli 2007). Her financial responsibilities grow
with the number of children she bears, yet her ability to find employment and remain
employed decrease due to increased child care responsibilities.


Transactional and survival sex
edwards (n.d.) found that many women, in addition to income generated from domestic
work and petty trading, rely on cash and gifts from boyfriends and other sexual partners
for survival. in fact, there is a very fine line between being involved in a romantic sexual
relationship and transactional sex. in Namibia, as elsewhere, men are supposed to dem-
onstrate their love by supplying their girlfriends/wives with material goods often basic
items such as soap or food. The transactional aspect of such relationships is not explicit
and the sex-for-goods is done in the context of romance and generalised reciprocity.


intergenerational relationships
Two forms of exceptionally unequal relationships have received a lot of attention in
recent years: sugar daddy/mommy relationships and the sexual relationships between
teachers and learners. although these relationships have been discussed and mentioned
in newspaper articles and development reports, there has been no qualitative or quanti-
tative research conducted that allows us to determine the prevalence of or the dynamics
involved in such relationships. information, however, can be inferred from other sourc-
es. for example, it is believed that higher HiV prevalence rates among 1519 year-old
girls is due to intergenerational sexual relations. Boys within their own age group have
much lower prevalence than older men (edmondson 2004).


The heightened consumerism that accompanied independence is seen as responsible
for the sugar daddy/mommy phenomenon, thus it is assumed that such relationships
are on the rise (Hailonga-van dijk 2007). it is taken for granted that most of these
intergenerational relationships involve young girls and older men, although it is also
acknowledged that some young men have sugar mommies. Young girls and boys are
supposedly seeking out the three Cs: cash, cars and cellphones. on a more modest level,
it is believed that they are also involved in these relationships to help support their fami-
lies and pay their school fees. in addition to the moral issues the sexual exploitation of
young people by older men and women and the fact that most sugar daddies/mommies


6. This figure from ten years ago is the latest information available. There is no reason to believe that
payments are much higher today.


7. of women, 45.4% have begun childbearing by the time they reach 19 years of age (iipinge
2005).






Suzanne LaFon t


are presumed to be married these liaisons are also blamed for increasing the transmis-
sion of HiV/aids because the inequality between the partners makes it difficult for
young people to negotiate safe sex (potkins 2005).


in regard to the sexual relationships between learners and teachers, while speaking at
a workshop in 2001, Basic education deputy Minister Clara Bohitile said, The silence
and denial surrounding sexual abuse of learners is deafening. (inambao 2002). she
was referring to the fact that although these relationships are a well-known phenom-
enon, teachers who impregnate their students are not usually disciplined. in contrast,
girls who become pregnant must leave school for a full year (iipinge 1995). according
to statistics published by the ministry of basic education and culture, in 2000 around
10,000 female students dropped out of school for various reasons, including pregnancy
(Hamata 2001).


While conducting a focus group on sexuality with the san in Tsumkwe, i asked
about the quality of sex education in the local schools. an older man laughed and said
that their teachers taught the girls about sex by showing them how to do it. The other
participants laughed and nodded their heads in agreement. another participant men-
tioned a specific incident at their school where a teacher had impregnated a 15 year-old
girl and was arrested. although The Namibian (2003) reported that between 1995 and
2002 114 male teachers had been expelled for impregnating school girls, this seems to
be the exception rather than the rule. of course, these dismissals are only the cases that
resulted in pregnancy and complaints being laid. it can be safely assumed that many
teacher/learner relationships are never discovered, do not result in pregnancy, or are
settled informally with the girls family because the teacher promises to support the girl
and the child.


sex Work
as noted above, commercial sex work is not as common as other forms of exchange-sex
in Namibia. existing research has not determined how many women are engaged in
commercial sex work, and as with other forms of exchange-sex, there are many grey ar-
eas and situations in which Namibians have sex for money. for example, in 2006 when
i interviewed 65 self-identified female sex workers ranging from age 12 to 55, many of
the women and girls admitted that they had sexual intercourse with their clients for as
little as N$ 20 and N$ 10. They accepted such small fees because they or their children
were hungry. one must certainly qualify this as survival sex because these women claim
that they have no other way to make money.


The Combating of immoral practices act (No. 21 of 1980), which was passed dur-
ing the colonial era, has not been repealed. it criminalises soliciting sex, pandering and
keeping a brothel. The law is sex-specific, mentioning women but not men as those who
potentially sell sex. The move to decriminalise sex work in Namibia has met with strong
resistance from the government and church organisations, despite research proving sex
workers are at risk of HiV/aids (laC 2003). Morality and national pride seem to be
the justification for marginalising these people, who are sometimes forced to have un-
safe sex, or suffer from sexual violence and police harassment.


8. i would like to thank anne rimmer of laC for recording our session in shorthand, transcribing
the notes and making them available to me.






D e co l on i s i n g s e x u a l i t y


Human Rights and Personal Liberties vs Morality


as mentioned earlier in the chapter, the discourse on sexual ideologies is usually for-
mulated in two schools, one arguing for the recognition of human rights while the
other argues the importance of morality and the rejection of foreign immorality. These
conflicting points of view have been used to both justify reform and preserve the status
quo concerning reproductive rights and the rights of gay, lesbian, bisexual and trans-
gendered (GlBT) people.


abortion
The colonial-era abortion and sterilisation act of 1975 has not been repealed. This act
criminalises abortion except when it is necessary to save a womans health or in cases
of rape where a police report has been filed or if a woman makes an affidavit convinc-
ing the magistrate that there was a reason why she did not report it. in reality, obtain-
ing permission to have an abortion is a complicated process that can take a long time
sometimes so long that abortion is no longer an option. recently, it took two months,
with the help of legal assistance Centre (laC), for a 16 year-old rape victim to gain
permission for an abortion.


economic inequality has led to differences in terms of reproductive rights between
the rich and the poor. Wealthy women seeking abortions can go to south africa and
receive a safe legal abortion, while poor women who cannot afford to travel often have
illegal abortions. The ministry of health released a report in 2002 that revealed 7,147
women had been treated for problems arising from illegal abortions in a three year pe-
riod. during that same period, only 107 women had received legal abortions (Maletsky
2002). deaths due to unsafe illegal abortions are thought to contribute to Namibias
high maternal mortality rates (abortion-related deaths are counted as maternal mortal-
ity deaths).


abortion as a reproductive rights issue is not even on the agenda. a draft abortion
and sterilisation Bill was supposed to be debated in 1996 and after three years of no
progress the bill was put on ice due to pressure from church and pro-life groups. in
2002, the health minister announced that abortion would remain illegal for at least
another ten years (Maletsky 2002).


Gay rights
There has been no greater debate regarding sexuality in independent Namibia than
the one about gay rights. The move to reform sodomy laws and protect the rights of
GlBT people has met with stiff resistance from church organisations and the govern-
ment. The discourse has focused on homosexuality as a foreign evil, un-african and
sinful by those who are hostile to the gay rights movement, while supporters argue that
inclusion, tolerance and human rights are important to democracy. There are marked
differences between Namibias ethnic groups in terms of the acceptance and tolerance
of GlBT lifestyle and rights. 1khaxas, researcher and co-founder of sister Namibia
(a feminist/human rights/lGBT rights NGo), notes that the damara are much more
open to homosexuality than some of the other cultures, in particular, the owambo
(!khaxas/Wieringa 2007).






Suzanne LaFon t


The owambo politicians who dominate sWapo have been at the forefront of gay-
hate rhetoric. Verbal attacks have come in waves and the upper echelons of the gov-
ernment began to express their views in 1996 when president Nujoma exclaimed that
homosexuals must be condemned and rejected in our society. such inflammatory
statements were not met with silence. sister Namibia (headed, at the time by a Na-
mibian lesbian living openly with her european partner), criticised Nujoma and sparked
an ongoing war of words.


on 31 January1997, sWapo, to show support for their president, issued the follow-
ing statement:


it should be noted that most of ardent supporters of this perverts [sic] are europeans who
imagine themselves to be the bulwark of civilisation and enlightenment ...


if there is a matter which must be dealt with utmost urgency, it is the need to revitalise our
inherent culture and its moral values which we have identified with foreign immoral values.
promotion of homosexuality in our society scorns many sets of our values ...


The moral values of our nation, as defended by the president, incorporate the fundamental
principles of nature and should not be equated to the vile practices of homosexuals which
has a backlash. Homosexuality deserves a severe contempt and disdain from the Namibian
people and should be uprooted totally as a practice (HrW 2003).


in response to the onslaught of attacks on the rights of GlBT people, The rainbow
project (Trp) was formed in february 1997. it remains the only organisation solely
focusing on the rights of GlBT people, although it has been supported by several other
NGos such as sister Namibia and laC. The project, run primarily by volunteers, holds
workshops, organises lectures and does counselling and media work (Titus 1999). How-
ever, the periodic assaults by government officials have been somewhat effective. ian
swartz, Trps head, explain to me that although the organisation has a large mailing
list and some financial support from its members, many gays and lesbian are afraid to
come out of the closet.


despite the formation of Trp and the international outcry condemning such blatant
homophobia, sWapo government officials continued to make anti-gay statements and
went so far as to threaten new legislation increasing punishments for gay sex (Maletsky
1998). in 1999, Jerry ekandjo, the minister of home affairs, announced that the police
had been ordered "to eliminate all gays and lesbians" in Namibia. The following year,
he claimed that the equality and freedom entrenched in the Namibian constitution does
not apply to homosexuals, saying We never had moffies in mind when sWapo drafted
the Namibian Constitution 10 years ago (The Namibian 2000).0


in March 2001, after president Nujoma told university students, The republic of
Namibia does not allow homosexuality, lesbianism here. police are ordered to arrest
you, and deport you and imprison you too. Hundred of Namibians, including mem-
bers from 20 civil groups, marched through Windhoek to protest (HrW 2003; reuters
2001). interestingly, the rally speeches focused primarily on the rights of minorities: it
became a march for human rights.


9. according to phil ya Nangoloh, the executive director of the National society for Human rights
in Namibia, the police took no action, yet several people were attacked (simo 2001).


10. Moffie is a derogatory word used to describe a male homosexual or effeminate man.






D e co l on i s i n g s e x u a l i t y


The verbal attacks by politicians continue. in 2005, on Heroes day, deputy Min-
ister of Home affairs and immigration Theopolina Mushelenga gave a speech blaming
gays for the HiV/aids pandemic. The latest heated words came from former president
Nujoma, now the president of sWapo, when he called the president of the National
society for Human rights a homosexual (isaacs 2006). Trp responded by condemn-
ing the statements.


from time to time, the political rhetoric has been accompanied by statements made
by religious institutions. in 1998, the Christian ecumenical fellowship of Gobabis,
which represents several churches of various denominations, submitted a statement for-
mally rejecting gay rights. a portion of it read:


Not only is homosexuality un-Biblical, it is also in direct opposition to our Namibian cul-
ture, indeed all cultures represented in our society. We fail to see why Namibia should be
intimidated into accepting it as part of democracy. (The Namibian, 10 July 1998)


The religious homophobia, however, did not last and in 2001 the Council of Churches
in Namibia (CCN) released a press statement and rejected any form of discrimination
based on sexual orientation (iriN 2001). The statement, while encouraging, did not
end the debate within the churches nor was it embraced by all its members. The church
continues to be a powerful institution in Namibia and many Namibians believe that
homosexuality is a sin (ikhaxas/Wieringa 2007).


liz frank, the head of sister Namibia, reports growing support for the rights of gay
and lesbian people in rural areas and the former black townships, the heart of religious
Namibia (rothschild 2000). personal testimonies of lesbians interviewed by ikhaxas/
Wieringa (2007) support this assertion. Their informants described a variety of experi-
ences in terms of being accepted in and outside the church. one of their informants
recounts:


on the day we met. i said, pastor, do you know me? and he said, Yes. [and i said] pas-
tor, i, Helen, have relationships with women & He said that maybe with my way i might
bring someone to God and that he does not have any problem with me.


discussion
in Namibia, sexuality has been constructed and reconstructed by complex historical
interactions of racial, political, economic and religious forces. since independence, vari-
ous sexual rights have been debated and changes have occurred. However, sexual rights
have not necessarily expanded: in some areas they have remained the same and in others
areas sexual liberties have actually contracted. furthermore, legal reform has not neces-
sarily translated into attitudinal and behavioural change. for example, independence
brought the end of apartheid and its ban on interracial sex and marriage, yet most
interracial relations remain undercover, between unequal partners. The Married persons
equality act granted women equal legal status in their households, yet most women do
not seem to be benefiting from such legal reform. The Combating of rape act 8 of 2000
outlaws rape within marriage, but most men still believe that their wives are obliged to
provide them with sex.






Suzanne LaFon t


although legal reform has taken place, many of the laws imposed by the white south
african government concerning family and morality are still in effect in Namibia to-
day. abortion, sex work, pornography and gay sex are criminalised under the old laws
and the new government seems determined to keep these actions and behaviours ille-
gal and claims that their perspective is from a moral higher ground. interestingly, the
postcolonial south african government that inherited the same laws as Namibia has re-
formed, repealed legislation and passed new laws expanding personal sexual freedoms.


supporters of the gay rights movements believe that they have identified a pattern
in the governments moral outrage. They suggest that attacking gay rights is a ploy used
to draw attention away from larger problems facing the country and the shortcomings
of promised economic prosperity. These tactics thwart efforts to investigate the larger
systemic problems facing Namibia, such as persistent poverty and racial and economic
inequality.


similarly, the perceived increase in sexual violence is often attributed to alcohol and
drug abuse. sexual violence is often dismissed as individual aberrance rather than pro-
duced by socioeconomic circumstances that put young people, women or gays at risk.
Young women in particular are at risk of sexual violence. according to a WHo (2004)
study, one-third of girls who have had sex before the age of 15 reported that they were
forced, another 38% reported that they were coerced, while only 30% of girls who had
sex before the age of 15 reported that it was not against their will. Blaming alcohol and
drugs for these figures will not help reduce such figures or protect young women. The
establishment of the women and child protection units has been welcomed: however,
they do not concentrate on prevention of violence. again, the focus is on individuals
rather than on structural, systemic problems that produce violence.


This paper has not dealt with HiV/aids per se because it is the topic of the chapter
by lucy edwards in this volume. Three points, however, need to be made: continued
criminalisation of sodomy inhibits gay men from seeking treatment for sexually trans-
mitted infections, including HiV/aids. a related point is that although politicians
have blamed gays for the HiV/aids pandemic, most prevention has focused on het-
erosexual transmission. Thus, some Namibian men who have sex with men believe that
homosexual sex is safer than heterosexual sex (lowray 2007). Thirdly, the HiV/aids
pandemic has prompted a discourse that would never have occurred prior to the disease.
it has forced dialogue about sexuality and an opening up about sexuality in a country
where sex used to be a taboo. and although it remains taboo for some and much of the
HiV/aids discourse is about the negative consequence of unprotected sex and/or the
importance of abstinence, it has put the topic on the table. The response to the HiV/
aids pandemic has created a space for further and more in-depth public discussions
about sexuality and prompted the development of sexual education programmes, even
if implementation still seems to be a problem (Gockel-frank 2007).


Conclusion
The lynchpin of the anti-apartheid movement was that apartheid was a violation of hu-
man rights, but now that Namibia has gained independence, human rights in terms of
sexual rights is not at the forefront of the national agenda. There is a desire to be modern






D e co l on i s i n g s e x u a l i t y


and politically correct, but there is also a desire to be Namibian and african. in this
context, moves to promote a more equal society in regard to the sexuality of women
and GlBT people are seen not only as immoral, but also as un-Namibian and un-afri-
can. some Namibians view the international pressure to change their views on gender
roles and homosexuality as a form of postcolonial imperialism. in this, Namibia is not
unique. Their actions and tactics provide an illustration of the global dialogue that is
going on between human rights and sexual rights (Chanock 2000). sexual rights have
not been widely accepted as part of the todays human rights. in fact, they constitute
one of the most contested areas of human rights.


engelke (2007) notes that morality and moral sentiment constitute a serious obsta-
cle to human rights activism and that there are problems with the practice and theory
of such a universalising discourse. it is necessary to find a place for cultural difference
within the framework of human rights and to recognise that human rights mean dif-
ferent things in different cultures. Yet it is unclear how this will be accomplished. one
step is to understand sexuality and treat it as fundamental to, rather than marginal to
culture.


acknowledgements


i would to thank the Board of Trustees of the City university of New York for grant-
ing the fellowship leave of absence that enabled me to travel to Namibia. dr. William
Burger, chair of Behavioral sciences and Human services at kingsborough Commu-
nity College, deserves special thanks for his continued and unwavering support of my
research endeavours. i am grateful to dianne Hubbard for inviting me to be a visiting
scholar at the legal assistance Centres Gender research and advocacy project and for
her support during and after my residency.


references


Becker, Heike (2000), a concise history of gender, tradition and the state in Namibia, in
Christiaan keulder (ed.), State, Society and Democracy. A reader in Namibian Politics.
Windhoek: Gamsberg Macmillan, pp. 17199


(2003), Imagining tradition and modernity. paper presented at the sex and secrecy
Conference. [online]available from the World Wide Web: http://wiserweb.wits.
ac.za/conf2003/becker.doc


(2007), Making Tradition: a historical perspective on gender in Namibia, in s. lafont
and d. Hubbard (eds), Unravelling Taboos: Gender and Sexuality in Namibia.
Windhoek: legal assistance Centre


Chanock, Martin 2000, Culture and human right: orientalising, occidentalising and
authenticity, in Mahmood Mamdani (ed.), Beyond Rights Talk and Culture Talk.
New York: st. Martins press, pp. 1536






Suzanne LaFon t


Csa (Church of sweden aid) (n.d.), Namibia.[online] available from the World Wide
Web: (http://www.svenskakyrkan.se/lutherhjalpen/lh50eng/lh50eng9.htm)


edmondson, Janet C. (2004), Socio-Cultural Research Support to Unfpa Country Programmes
in Namibia, Zambia, Malawi and Mozambique.
united Nations [online] available
from the World Wide Web: (HiV levels among women in southern african
countries remain high)


edwards, lucy (n.d.), HIV and the ABC: A dual between Western-Christian morality and
African patriarchy.
Gender and Womens studies for african Transformation [online]
available from the World Wide Web: (http://www.gwsafrica.org/knowledge/
lucy%20edwards.html)


farrell, C. (2006), Judicial Corporal Punishment in South Africa World Corporal Punishment
Research
. [online] available from the World Wide Web: (http://corpun.com/jcpza7.
htm)


Gockel-frank, Marina (2007), The gift from God: reproductive decisions and Conflicts
of Women in Modern Namibia, in s. lafont and d. Hubbard (eds), Unravelling
Taboos: Gender and Sexuality in Namibia.
Windhoek: legal assistance Centre


Hailonga-van dijk, pandu (2007), adolescents Negotiating Between Tradition, Modernity,
local and Globalisation, in s. lafont and d. Hubbard (eds), Unravelling Taboos:
Gender and Sexuality in Namibia.
Windhoek: legal assistance Centre


Hamata, Max (2000), ekandjo elaborates on anti-gay stance, The Namibian [online]
November 3, 2000. available from the World Wide Web: (http://www.namibian.
com.na/2000/November/news/00B37e6051.html)


(2001), Nanso appeals to Govt on teenage pregnancies, The Namibian [online]
september 26, 2001. available from the World Wide Web:


(http://www.namibian.com.na/2001/september/news/01177Ca7a0.html)
HrW (Human rights Watch) and The international Gay and lesbian Human rights


Commission (2003), More Than A Name: State-Sponsored Homophobia and Its
Consequences in Southern Africa [online] available from the World Wide Web:
(http://www.hrw.org/reports/2003/safrica/index.htm)
Hubbard, dianne (2007), ideas of equality: Gender, sexuality and the law, in s. lafont


and d. Hubbard (eds), Unravelling Taboos: Gender and Sexuality in Namibia.
Windhoek: legal assistance Centre


iipinge, eunice and debie leBeau (2005), Beyond Inequalities: Women in Namibia. uNaM
& sardC: Windhoek & Harare. [online] available from the World Wide Web:
(http://databases.sardc.net/books/namibia2005/view.php?chapter=7&id=8)


inambao, Chrispin (2002), silence on sex abuse in schools deafening,The Namibian
[online] March 11, 2002. available from the World Wide Web: (http://www.


namibian.com.na/2002/march/news/024a2B4032.html)
iriN (2001), Church Defends Gay Rights. [online] available from the World Wide Web:


(www.sodomylaws.org/world/namibia/nanews017.htm)
isaacs, denver (2006), rainbow project joins Nujoma fray, The Namibian. [online] august


4, 2006. available from the World Wide Web: (http://www.namibian.com.na/2006/
august/national/063C4901d5.html)


iyer, pico (2005), a partial Victory for romance: infamous sex laws will be repealed, but
apartheid remains intact, Time Magazine [online] april 12, 2005, available from
the World Wide Web: (http://jcgi.pathfinder.com... )






D e co l on i s i n g s e x u a l i t y


!khaxas, elizabeth and saskia Wieringa (2007), same-sex sexuality among damara
Women, in s. lafont and d. Hubbard (eds), Unravelling Taboos: Gender and
Sexuality in Namibia.
Windhoek: legal assistance Centre


keulder, Christiaan and debie lebeau (2006), Ships, Trucks and Clubs: The Dynamics of
HIV Risk Behaviour in Walvis Bay. institute for public policy research, ippr Briefing
paper No. 36. [online] available from the World Wide Web: (http://www.ippr.org.
na/Briefing%20papers/Bp36.pdf )


lafont, suzanne (2007), Not Quite redemption song: Queer Hate in Jamaica, in d.
Murray (ed.), Homophobias: Lust and Loathing Across Time and Space. Madison:
university of Wisconsin press


lowray, robert (2007), Breaking a public Health silence: HiV risk and male-male sexual
practices in the Windhoek urban area, in s. lafont and d. Hubbard (eds),
Unravelling Taboos: Gender and Sexuality in Namibia. Windhoek: legal assistance
Centre


Maletsky, Christof (1998), Govt planning to criminise gays, The Namibian [online]
November 8, 1998. available from the World Wide Web: (http://www.namibian.
com.na/netstories/november98/gaycrime.html)


Maletsky, Christof (2002), abortion ruled out, The Namibian [online] November 28,
2002. available from the World Wide Web: (http://www.namibian.com.na/2002/
November/national/029C6a15dC.html)


ovis, M.H. (2005), polygamy To share or not to share? That is the question. legal
assistance Centre, Gender research and advocacy project. [online] available from
the World Wide Web: (http://www.lac.org.na/grap/pdf/poligamy.pdf )


pauli, Julia (2007), We all have our own father! reproduction, Marriage and Gender in
rural Northwest Namibia, in s. lafont and d. Hubbard (eds), Unravelling Taboos:
Gender and Sexuality in Namibia.
Windhoek: legal assistance Centre


potkins, Meghan (2005), research links aids to transactional sex, The Gateway, March,
17, 2005, Volume XCiV issue 40. [online] available from the World Wide Web:


(http://www.gateway.ualberta.ca/view.php?aid=4217)
reuters, (2001), Namibians March to defend Gay, other Minority rights, Sodomy Laws


[online] available from the World Wide Web: (http://www.sodomylaws.org/world/
namibia/nanews018.htm)


rothschild, Cynthia (2000), Written Out: How Sexuality Is Used to Attack Womens
Organizing.
Center for Womens Global leadership. [online] available from the
World Wide Web: (http://www.iglhrc.org/files/iglhrc/Writtenout.pdf )


shigwedha, absalom (2000), NC contemplates sex and morality, The Namibian [online]
March 30, 2000. available from the World Wide Web: www.namibian.com.na/
Netstories/2000/March/News/morality.html


simo, ana (2001), Namibia: The Bermuda Triangle of african Homophobia, The Gully.
com [online] available from the World Wide Web: http://www.kellycogswell.com/
essays/africa/010327gay_na.html


The Namibian (1998), Churches reject Gayism, November 7, 1998 [online] available
from the World Wide Web: http://www.namibian.com.na/Netstories/ops8-98/
leTs112798.html


(2003), 114 teachers expelled over school pregnancies, august 20, 2003. [online]
available from the World Wide Web http://www.namibian.com.na/2003/august/
national/03edf496ae.html




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Suzanne LaFon t


Titus, Zoe (1999), Gays, lesbians urged to come out of the closet, The Namibian.
[online] May 3, 1999. available from the World Wide Web: (http://www.namibian.
com.na/Netstories/May99/gays.html)


us department of the army (n.d.), South Africa: Legislative Implementation of Apartheid.
library of Congress Country studies/area Handbook series [online] available from
the World Wide Web: (http://countrystudies.us/south-africa/25.htm)


Wise, sheila (2007), The Male powersexual: an exploratory study of Manhood, power,
and sexual Behaviour among afrikaner and owambo Men in Windhoek, iin s.
lafont and dianne Hubbard (eds), Unravelling Taboos: Gender and Sexuality in
Namibia.
Windhoek: legal assistance Centre




Biographical notes on the authors


Gregor Dobler studied anthropology and political sciences. He has previ-
ously worked at the departments for religious studies and anthropology
at Bayreuth university, and is teaching anthropology and african studies
at Basel university, switzerland, since 2002.


Lucy Edwards is a lecturer in the sociology department of the university of
Namibia. she has done research on the socio-cultural context of HiV and
aids and gender. she is currently completing a phd dissertation on the
impact of HiV/aids related mortality on family structures.


Mattia Fumanti studied social anthropology in Manchester where he ob-
tained his doctorate in 2003 after extensive field research in rundu since
1999. He is a research assistant at the university of keele and currently
pursuing a 30-months esrC funded research project among african mi-
grants in london.


Graham Hopwood holds a Ba Hons degree in english language and lit-
erature from the university of liverpool. He heads the public dialogue
Centre at the Namibia institute for democracy (Nid) in Windhoek and is
co-editor of insight Namibia, the only current affairs magazine. He was a
journalist and sub-editor at The Namibian newspaper from 1992 to 2004.


Dianne Hubbard holds degrees in english literature from the university of
North Carolina and stellenbosch university, and a law degree from Har-
vard law school. since 1993, she has been the Co-ordinator of the Gender
research & advocacy project at the legal assistance Centre, a public in-
terest law firm based in Windhoek.


Herbert Jauch holds two teaching degrees and a masters degree in political
sciences. He has been associated with the Namibian labour movement for
the past 20 years and was the director of the labour resource and research
institute (larri) from 1998 until 2007. He is currently employed as lar-
ris senior researcher.


Phanuel M. Kaapama is lecturer in the department of political and ad-
ministrative studies at the university of Namibia (uNaM). He is current-
ly pursuing his phd thesis on Namibias land policy with the university of
Witwatersrand in Johannesburg.


Bennett Kangumu Kangumu studied History, english and political science
at the university of Namibia, and thereafter obtained an Ma degree in
Historical studies at the university of Cape Town, where he is currently fi-
nalizing a phd thesis on Contestations over Caprivi identity.







Suzanne LaFont, ph.d. is an associate professor of anthropology at City
university of New York, kingsborough Community College. she has pub-
lished several books, numerous articles in scholarly journals and book chap-
ters. Her research interests are the interrelatedness of sexualities, gender,
power, and human rights.


Henning Melber studied political sciences and sociology in Berlin and ob-
tained his phd in Bremen. He was director of the Namibian economic
policy research unit (Nepru) in Windhoek (19922000) and research
director of The Nordic africa institute in uppsala (20002006), where he
is executive director of The dag Hammarskjöld foundation.


Lalli Metsola obtained a masters degree in cultural anthropology at the uni-
versity of Helsinki. He is based at the institute of development studies in
Helsinki, completing a phd on state formation, citizenship and political
subjectivity in Namibia through the case of ex-combatant reintegration.


Chris Saunders studied History in Cape Town and oxford, where he ob-
tained his doctorate from st. antonys. He returned to teach at the uni-
versity of Cape Town, where he is now professor in Historical studies. He
has held visiting positions at a number of universities, including adelaide,
Calgary and Yale.


Volker Winterfeldt studied sociology, German literature, and rhetoric. He
lectured in sociology at the university of Tübingen, Germany, from 1984 to
1996. since 1998 he has been a lecturer at the department of sociology at
the university of Namibia.


Wolfgang Zeller holds an Ma degree in Geography from the university of
Helsinki. He is currently finalising his phd thesis on state formation in the
Namibia/Zambia borderland and lecturing at the institute of development
studies, university of Helsinki.