The opening session of Namibia's Constituent Assembly, meeting in the Tintenpalast in Windhoek on 21 November, was characterised by a spirit of reconciliation. The assembly, with 72 delegates, elected SWAPO's former Director of Elections, Hage Geingob, as chairman and established a multi-party committee to draw up procedural rules.
With its 41 seats, SWAPO is seven votes short of the two-thirds majority needed to adopt the constitution which the Assembly is charged with drawing up. However, the movement was confident that it would win the support of the Democratic Turnhalle Alliance (DTA) or smaller parties.
The assembly faces many potential obstacles in bringing Namibia to independence, and the South African Administrator-General (AG) will retain administrative control during the transition period.
South Africa's capacity to delay Namibian independence and weaken the Assembly were made clear in the proposed legislation governing the Assembly which was published by the AG in July. While the purpose of the UN plan is stated as 'the transfer of power to the people of Namibia' under a constitution agreed by the Constituent Assembly, the AG's proposals downgraded the Assembly to the status of an advisory committee. It would merely 'submit to the AG requests, recommendations or proposals ... with a view to the attainment of independence' and the AG would not be obliged to give effect to any of its proposals.
The UN rejected the AG's proposals, including a clause stating that all decisions had to be taken by 48 of the 72 members. The AG had also incorporated, in distorted form, constitutional guidelines agreed by parties involved in independence negotiations in 1982.
In Resolution 643 of 31 October the UN Security Council specifically reaffirmed 'the continuing legal responsibility of the UN over Namibia until the full attainment by the Namibian people of national independence'. It also mandated the UN Secretary General to 'assist the Constituent Assembly in the discharge of [its duties]'.
The South African authorities resisted UN attempts to change the AG's proposals for the Assembly, but finally conceded just days before the election began on 7 November.
The Constituent Assembly Proclamation, as finally agreed, specified that the Assembly would draw up a constitution which would have to be adopted by a two-thirds majority. It would set a date for independence and establish a government. It would, however, have to 'seek the views' of the AG regarding the independence date. The AG would finance the Assembly.
National reconciliation
The 1982 constitutional principles, accepted as part of the UN plan, were not incorporated in the proclamation, but the UN Special Representative transmitted them to the members of the Assembly. The principles include: * Separate legislative and executive branches of the government to be 'constituted by periodic and genuine elections' * An independent judiciary * A declaration of fundamental human rights and civil liberties which includes protection from deprivation of private property without compensation * A prohibition on retrospective punitive legislation * Equal access by all to recruitment to the public service.
At the opening session of the Assembly, SWAPO proposed that these principles should be a guide — the movement has accepted them as a constitutional framework since 1982. All the other parties in the Assembly indicated that they supported them.
SWAPO president Sam Nujoma stressed the movement's commitment to national reconciliation. He indicated earlier that he hoped a constitution could be adopted before the end of 1989.
Much will depend on the attitude of the South African regime. Although Pretoria recognised the election results as free and fair and has indicated that it will not stand in the way of Namibian independence, there are points of potential conflict with the new Namibian state.
Many South African police personnel, and some military personnel, remain in Namibia. The SWA Police is responsible for 'law and order' during the transition period — but most of the post-election violence came from demobilised police and army members who have joined the DTA, and the police did little to intervene.
Walvis Bay is another potential flashpoint. Most of the parties in the Constituent Assembly, including SWAPO, are committed to reintegrating it as part of Namibia, but Pretoria has consistently opposed this. Walvis Bay was excluded from the provisions of the independence plan, but Security Council Resolution 432 of 1978 explicitly declares that 'the territorial integrity and unity of Namibia must be assured through the reintegration of Walvis Bay within its territory'. During the election South African officials prevented SWAPO from campaigning in the enclave, and residents were forced to vote in nearby Swakopmund.
Pretoria is in a strong position to exert economic pressure on Namibia as virtually all Namibia's trade is through South Africa. To finance its occupation and administration of the territory, the South African regime has run up debts of between 750 million and 1,000 million rands. However, SWAPO has declared that it does not regard these as the responsibility of an independent Namibia. It is also committed to reducing its dependence on South Africa, and intends joining the Southern African Development Co-Ordination Conference (SADCC).
Students sentenced
While elections for the Constituent Assembly took place elsewhere in Namibia, a magistrate in Walvis Bay imprisoned five members of the Namibia National Students Organisation (NANSO) on 8 November for actions arising out of the 1988 school boycott which called for the withdrawal of South African military bases. Fifteen students had originally been charged with public violence.
The students were alleged to have interfered with the writing of exams at Kuisebmond Primary School and later to have thrown stones at the school, causing 2,000 rands damage. The defence argued that police action in dispersing students participating in the exam boycott led to the stone-throwing.
Johanna KAMBANDA was sentenced to two years' imprisonment, Dina NAKWAFILA and Rosalina SHIPIKI to 18 months each and Paulus SHIMWANDA and Mengeli ERASTUS to one year. An application for bail pending an appeal was refused. Their lawyers were applying to the UN Special Representative to have the students declared political prisoners and thus eligible for release under UN Resolution 435.
Political prisoner released
Eino MUULE, a PLAN combatant who was sentenced to nine years' imprisonment by the Windhoek Supreme Court on 25 August, was released on 16 November in terms of the provisions of UN Resolution 435. His co-accused in the trial, Haidula ANDREAS, had been acquitted.
