Community vs RedForce

I am Chris Kleinsmith (‘Kikkie’), residing at Walvis Bay. I am a community activist. The reason I am going public is because our community is against the appointment of RedForce Debt Management as debt collectors.

With all respect, why are the Office of the President, the Office of the Vice President, various ministers, members of parliament, local authority councillors, the ombudsman and the Anti-Corruption Commission (ACC) all turning a blind eye to this injustice?

They took an oath to defend and uphold the Constitution of Namibia; they even said: “So help me God ”. Are they not violating our Constitution? They should remember that “violating the Constitution is the highest form illegality”, especially in a democratic country, which Namibia is claiming to be.

Democracy is defined as a system of government in which power is vested in the people or the general population of a state.

Article 1 of the Namibian Constitution:

(1) The Republic of Namibia is hereby established as a sovereign, secular, democratic and unitary state founded upon the principles of democracy, the rule of law and justice for all.

(2) All power shall vest in the people of Namibia, who shall exercise sovereignty through the democratic institutions of the state.

The following articles in our Constitution:

Article 6: Protection of Life

The Right to Life shall be respected and protected.

Article 8: Respect for Human Dignity

(1)(b) No person shall be subject to torture or to cruel, inhuman or degrading treatment or punishment.

Article 10: Equality and Freedom from Discrimination

(2) No persons may be discriminated against on the grounds of […] social or economic status.

Article 15: Children’s Rights

(2) Children are entitled to be protected from economic exploitation […].

Article 18: Administrative Justice

Administrative bodies and administrative officials shall act fairly and reasonably and comply with the requirements imposed upon such bodies and officials by common law and any relevant legislation […].

I want to request that the Office of the President orders an investigation into why the ombudsman’s office did not investigate the complaint lodged regarding RedForce on 18 March 2024.

Chapter 10 of the Constitution, Article 91: Functions

The functions of the ombudsman shall be defined and prescribed by an act of parliament and shall include the following:

(a) The duty to investigate complaints concerning alleged or apparent instances of violations of fundamental rights and freedoms, abuse of power, unfair, harsh, insensitive or discourteous treatment of an inhabitant of Namibia by an official in the employ of any organ of government (whether central or local), manifest injustice, or conduct by such official which would properly be regarded as unlawful, oppressive or unfair in a democratic society.

It is not the first time that we lodge a complaint to the Office of the Ombudsman. None of these complaints have been properly investigated, solved or even acknowledged.

Chapter 10 of the Constitution, Article 94 A: Anti-corruption measures

(1) The state shall put in place administrative and legislative measures necessary to prevent and combat corruption.

According to my knowledge, lawyer Richard Metcalfe’s office provided a report which was forwarded to the ACC for proper investigation, but nothing has been done so far. The report was also mentioned in local newspapers.

We have also experienced non-compliance by the ACC in the past. It is a matter of urgency that the Office of the President must demand that institutions which fail to comply with their functions according to the Constitution, be investigated.

Last, but not least, a petition was submitted to the Municipality of Walvis Bay, which was supposed to be on the agenda of the ordinary council meeting on Tuesday 7 May 2024, but it was never tabled during the meeting. Another petition was handed over to RedForce, but they also just ignored it.

I trust that our leaders will take the necessary steps to ensure these violations of the Constitution and contraventions of the country’s laws regarding certain government institutions will come to an end.

Chris Kleinsmith