(2018) 2 African Human Rights Yearbook
145
typically the first mechanisms of redress for women and girls in rural
areas. Although the Traditional Authorities Act of 2000 obligates
traditional establish-ments in discharging their functions to promote
affirmative action amongst the members of that traditional community,
very little has been done to promote women in the chieftaincy and in
senior and local traditional leadership levels.60 Whilst the inclusion of
women within traditional authorities is not a given, based on the fact
that these structures are predominantly patriarchal, law reform can be
a pivotal apparatus in deconstructing this patriarchy. The argument is
not that law should be used to distort the character, existence and
operation of traditional authorities. The argument is rather premised in
the fact that the inclusion of women within traditional communities
would not only be a necessary step in dismantling patriarchy but will
also accord women a ‘voice’ and meaningful space within traditional
settings, which for far too long have been viewed as the sphere of men.
The advances made in women’s representation too have seeped into
some key public sector bodies. Of the twelve-member Board for Legal
Education for instance, currently women hold 50 per cent of the
Board’s seats. This is despite the fact that there are no reservations
made in terms of affirmative action measures for women to serve on the
Board in its enabling legislation. The Board for Legal Education is
constituted in terms of section 8 of the Legal Practitioners Act 15 of
1995 (as amended) and is primarily mandated ‘to investigate and advise
upon any legal education pertaining to the legal profession and any
related matters’.61 The inclusion of a considerable number of women on
the board is remarkable given the historical disparities in race and
gender that clouded the legal profession.62 As rightly noted by
practitioners Clive Kavendjii and Nico Horn, ‘the apartheid policies of
the South African government, the financial disadvantages of the black
communities as a result of those policies, and the total absence of
training facilities for aspiring black lawyers kept the profession almost
exclusively white’.63
The filtration of more women in public sector decision-making
bodies is also visible in the Public Service Commission, the Law Reform
and Development Commission of Namibia (LRDC), and the Electoral
Commission of Namibia (ECN). The Electoral Commission of Namibia,
whose mandate is derived from both article 94B of the Namibian
Constitution (as amended) and the Electoral Act of 2014,64 currently
60
61
62
63
64
See for example sec 3(1)(g) of the Traditional Authorities Act of 2000.
See generally, sec 11(f) of the Legal Practitioners Act 15 of 1995.
For example, historically the Namibian Bar was comprised predominantly of
white Namibians, thereby ameliorating the effects of the apartheid system on
previously disadvantaged lawyers in the legal profession. By the time the Legal
Practitioners Act was passed on 25 September 1995, the Namibian Bar comprised
21 members, with only two black members. This has since changed however, and
as of 2014 there are 40 members, 11 of whom are black.
C Kavendjii & N Horn ‘The independence of the legal profession in Namibia’ in
N Horn & A Bösl (eds) The independence of the judiciary in Namibia (2008) 291309.
See generally, art 94B of the Namibian Constitution and sec 4 of the Electoral Act
5 of 2014 for the mandate of the Electoral Commission.
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