WARNING: This is Version 1 of my old archive, so Photos will NOT work and many links will NOT work. But you can find articles by searching on the Titles. There is a lot of information in this archive. Use the SEARCH BAR at the top right. Prior to December 2012; I was a pro-Christian type of Conservative. I was unaware of the mass of Jewish lies in history, especially the lies regarding WW2 and Hitler. So in here you will find pro-Jewish and pro-Israel material. I was definitely WRONG about the Boeremag and Janusz Walus. They were for real.
Original Post Date: 2005-06-22 Time: 00:00:00 Posted By: Jan
[Blacks are obsessed with the distinction between them and Europeans, and yet, this formation of a “two-tier” society is in part the secret of Colonial Africa”s success. It was a logical system. People can criticise it all they want, but the Colonial successes of the past will dwarf anything that the current or future Black rulers will achieve. Jan]
A BLATANTLY racist law that remains in force in Namibia 15 years after Independence will be sticking around for a little longer, because the Ministry of Justice needs more time to prepare a proper replacement.
Acting Judge Raymond Heathcote did not seem at all pleased to hear Government”s explanation for the continued existence of the Native Administration Proclamation of 1928 when he was informed of it in the High Court in Windhoek on Monday.
Acting High Court Judge John Manyarara declared offending parts of the 77-year-old proclamation, which differentiates between people on the basis of their racial origin, as unconstitutional in July 2003.
He gave Government until the end of June this year to draw up and pass alternative laws to replace those unconstitutional parts of the proclamation.
On Monday, Government asked for an extension to the end of December.
When Acting Judge Heathcote told Government attorney Nixon Marcus that he realised that a chaotic situation would be created if he did not grant the extension, he also remarked that Government had in fact had years to get rid of the offensive law, which he described as “one of the most horrendous pieces of legislation”.
He would have expected the State to have moved faster on this score, he said.
In granting the extension, Acting Judge Heathcote told Marcus that Government”s application for the delay did not provide actual substance or facts to back up the request, even if it was clothed in eloquent English.
The extension means that the parts of the Native Administration Proclamation already found to be unconstitutional will remain in force until the end of this year.
In terms of these sections of the proclamation, the deceased estates of “Natives”, as the law refers to black people in Namibia, are administered differently than the estates of “Europeans”, as the proclamation refers to white people in Namibia.
By the time Acting Judge Manyarara gave his judgement on which the parts of the proclamation were unconstitutional, the proclamation had come under repeated attack in the High Court on various occasions over the previous three years.
At the time of his judgement, Acting Judge Manyarara noted that more than seven years had passed since Namibia signed the United Nations International Convention on the Elimination of All Forms of Racial Discrimination.
That the Ministry of Justice had realised early during Namibia”s partnership in that Convention that the proclamation was discriminatory, was clear from a report that the country submitted to the UN”s Committee on the Elimination of Racial Discrimination in January 1996.
The report stated: “An example of existing racially discriminatory legislation is the treatment of persons who were previously classified as blacks under the laws regulating the administration and succession of deceased persons” estates.”
Four and a half years later, the situation had not been changed.
In early June 2000, then Minister of Justice, Dr Albert Kawana, told The Namibian that the Native Administration Proclamation remained part of Namibia”s laws because “comprehensive research” first had to be done to determine which laws had to be repealed or amended because they were in conflict with the Constitution.
He said that this review process was in its last stages, and the drafting of legislation would follow.
According to what the Justice Ministry”s Permanent Secretary, Lidwina Shapwa, told the High Court in an affidavit this week, the process is still grinding on, five years later.
The Law Reform and Development Commission (LRDC) was given the task of researching the law of succession and administration of deceased estates, Shapwa said.
“Owing to the complex, diverse and difficult nature of the subject matter which affects every Namibian and non-Namibian nationals who are ordinarily resident in Namibia, it took a long time for the LRDC to complete the assignment,” she added.
“The subject matter is complex, diverse and difficult because there are different laws of succession and administration of deceased estates: for “natives” (blacks) (a multiplicity of laws for the different tribal or ethnic communities), whites, coloureds and Basters.
Consequently, the LRDC had to consult widely with the various stakeholders.”
The drafting of replacement legislation similarly took “a considerable amount of time”, Shapwa added.
Completing the Commission”s consultation process and finalising the drafting of the bill would take another three months, she continued.
In addition, steering the legislation through Parliament and having it signed by the President would take a further three months after that, she noted.
Source: AllAfrica.Com
URL: http://allafrica.com/stories/200506220503.htm…/p>