Dausab on justice, leadership and change

Though no longer at the helm of the justice ministry, Yvonne Dausab’s commitment to fairness and service remains steadfast.

Dausab served from March 2020 under late president Hage Geingob’s administration until last month when president Netumbo Nandi-Ndaitwah reshuffled the Cabinet.

Reflecting on her tenure, she recently spoke to Desert FM about challenges, achievements, and the road ahead.

Desert FM: How would you summarise your term as minister of justice in a few words?

YD: One of the things that often happens is that you find yourself in an administration that hits the ground running. I believe this administration is doing the same thing – perhaps from a different angle in terms of service delivery.

When Geingob appointed his Cabinet on 22 March 2020, that very afternoon, after we were sworn in and announced as new Cabinet minister, including myself as the minister of justice, we had our first meeting to discuss the Covid-19 pandemic.

You can just imagine that we didn’t even really have time for a proper induction. Inductions happened in bits and pieces over the five-year period. Every time there was a Cabinet retreat, you’d get to know new things about how you should conduct yourself.

But some things were made very clear right at the beginning, like taking collective responsibility for all decisions made by the Cabinet.

So, Covid-19 was the first major challenge, and we spent about two to three years managing a global pandemic.

The second thing, for me personally, was transitioning to the government from my background as a qualified lawyer and an academic. I came in with technical experience in the legal and justice sector, which I believe was an important consideration for my appointment.

There’s a lot of talk – even now in the administration of president Netumbo Nandi-Ndaitwah – about focusing on competence and technocrats. But even as a technocrat, you have a responsibility to become a political functionary and eventually into a full-fledged politician because of the nature of the space you’re in.

Desert FM: Is that balance attainable?

YD: Yes, it is. I think it’s an important balance because you’re operating in a very political space, and if you don’t make that transition, you could become a casualty of the system. But I am very proud of my term under the leadership of Geingob, as well as the leadership of Nangolo Mbumba during his 13-month presidency.

I also had the opportunity to work closely with Nandi-Ndaitwah, particularly during the Swapo campaigns last year.

Desert FM: A significant part of the reforms we saw from your ministry involved making justice more accessible to the people through improvements in the courts, reducing waiting times for trials, etc. How do you think you performed in that regard?

YD: I believe I delivered 80% of what was expected of me.

When we were appointed as ministers, Geingob gave us very clear key deliverables. For me, those included improving access to justice,making legal aid more accessible developing the policy and legal framework for small claims courts, and enhancing the administration of deceased estates.

I also oversaw the work of key constitutional offices such as that of the attorney general, the prosecutor general, and the ombudsman. These are independent offices, but they fall under the broader justice system.

Regarding legal aid, one of the key initiatives during my term was establishing a task force to assess and improve access to justice through the legal aid system. We also introduced electronic case management and made policy recommendations to improve safeguards for the public when dealing with independent legal professionals.

Additionally, we increased the financial threshold for legal aid eligibility from N$3 500 to N$7 000.

Another significant achievement was ensuring that amendments to the Legal Aid Act, which would improve access to justice, were finalised through the Cabinet Committee on Legislation, of which I was the chair. These amendments should be tabled soon.

On small claims courts, we completed the policy work, consultations, and even developed a draft bill. We engaged with the University of Namibia’s Law School and the Office of the Judiciary to lay the groundwork for implementation.

Beyond that, I was involved in managing law reform activities for over 20 pieces of legislation – 10 of which were directly initiated by the Ministry of Justice.

Some key reforms included amendments to domestic violence and rape laws, particularly following the #ShutItAllDown protests, improvements to legal aid regulations, reforms in the administration of deceased estates, ensuring better oversight for estate practitioners, and the Dissolution of Marriages Act, which introduced progressive changes in divorce proceedings.

Desert FM: Towards the very end of your tenure, your ministry proposed the ombudsman’s bill, which was ultimately removed from the parliament’s agenda. It seemed like something you were passionate about. How did you feel about that removal, especially considering the pushback from both opposition parties and members of your own party?

YD: I think it was unfortunate that we had to withdraw the bill. However, sometimes taking a step back is not necessarily a bad thing.

The ombudsman’s bill aimed to strengthen the Office of the Ombudsman’s mandate and ensure its independence. The office is a constitutional watchdog responsible for human rights protection and promotion, investigating maladministration in public institutions, and overseeing environmental protection.

Although there was no evidence of executive interference in the ombudsman’s work, we wanted to reinforce its independence.

There was pressure to remove the Office of the Ombudsman from the Ministry of Justice.

Some calls were made for further consultations on terminology and other aspects of the bill. After discussions with the ombudsman, we decided that waiting for the next administration to take it forward would not do any harm.

‘ATOMIC HABITS’

Desert FM: You spoke to us before about your childhood in Katutura. Can you believe how your life has changed?

YD: I think a lot of what we become is the result of the small steps we take and decisions we make throughout our lives.

For example, if my value system and character trait is that I want to live a generally honest life with integrity and I do small things over a period of time consistently, then those things will bring me certain results.

Being appointed as the deputy dean of a law school, for example, or before that in 1992 . . . applying for a scholarship at the Legal Assistance Centre, getting a full scholarship and going to Cape Town at the age of 16 required me to behave in a certain way at school.

It’s the same with whatever I was doing at the University of Namibia that got noticed by Geingob when he appointed me as the chairperson of the Law Reform and Development Commission and then subsequently as minister of justice.

It’s all just ‘atomic habits’ really, as author James Clear calls it – small changes that could transform your life.

But also, I’m not in retirement, I’m in transition, and you spend time reflecting. You realise well, I got on a plane when I was 16, a child from Katutura. I worked in Zambia without knowing anybody there, got onto a plane in 2001, flew to Lusaka, and started a job there for three years.

It’s not insurmountable.

We must also not focus too much on the decisions our president has taken. I think she [Nandi-Ndaitwah] has taken decisions that she believes are the right ones for her administration, and I respect that.

I also respect the fact that I’ve always had a very warm relationship with the president, and that has not changed just because I’m no longer a minister in her Cabinet.

I believe there will be many more opportunities.

Desert FM: Would you say there has been a disciplined acceptance of the changes that have been made?

YD: I’m not able to respond on what other people’s reactions to the appointments are; I can only speak for myself.

My reaction has been reflected in the manner in which I have supported and handed over my office to the new minister, Wise Immanuel, who is also a friend and former student of mine.

That has made things a little bit easier. I have confidence in him.

We must also allow ministers and the president to do things differently if they believe it will work better. As citizens, and as former leaders in the Cabinet, we must respect that.

I think we must not take these things personally – I certainly don’t.

That doesn’t mean it was easy when the decision came. Because you now have to rearrange your life, thinking about what’s next for you. But it’s certainly not an insurmountable task.

‘I WILL NOT FADE AWAY!’

Desert FM: What have the past two weeks been like for you?

YD: It’s been a mix of emotions, to be honest. You also think, okay, I’m officially unemployed. Because you no longer have a steady income until something else comes along.

But it’s also been interesting to observe what’s been going on in the body politic of our country. There has been a lot of news, and if it is true that even executive directors have been rearranged and reshuffled, then for staff members at various ministries, this might be a difficult time.

At the same time, it’s also been refreshing. I’ve been able to take time out, detox from social media, and only respond when I really need to. It’s been a time of reflection – not just on the past five years for me, but also on my colleagues’ experiences over the past 10, 15, even 30 years.

It also allows you to get back to basic things – like catching up on reading.

I’ve also tried not to change my usual patterns or routines. For example, I’ve always woken up at 04h00 to read, because there isn’t enough time during the day. I haven’t changed that. I haven’t changed my interactions with people I regularly engage with.

Desert FM: Where will we see you in the future? Have you figured that out?

YD: I think you must wait it out a little bit. I’ve always been a public person, even before I became a minister. So, you will hear of me and see me.

I will not fade away – my son made sure to tell me that! My son is 20 now. And when we were talking about this transition, he said: “Mommy, I’ve always seen you in the public space. I don’t want you to fade away.”

But it’s also nice to be an ordinary citizen. I’ve never been different in that regard – I’ve always driven myself, done my own shopping, and found myself in public spaces.

Now, I might be there even more.

Desert FM: Where do you see Namibia going?

YD: The biggest vision, which aligns with our president’s vision, is an accelerated pace of service delivery. That’s significant because it means prioritising the people before anything else.