Why do some people think Basters come from Cape Coloured and German ancestors?

 I once again have read the "fact" that Basters come from Germans. There is more German blood in Herero families than Basters.

I quote from https://minorityrights.org:

Basters, a mixed-race Afrikaans-speaking community, are descendants of groups that migrated in the nineteenth century from the Cape in South Africa to settle at Rehoboth, south of Windhoek. Though far less marginalized than some other communities, many Basters have a strong sense of minority identity. They are currently estimated at numbering around 55,000, though there are no official statistics on the Baster population.

HISTORICAL CONTEXT

Groups of mixed-race South Africans migrated from the Cape to settle at Rehoboth, south of Windhoek, in 1868, where they displaced Nama people and rapidly established their own institutions. Even under German and South African colonial rule, Basters maintained broad autonomy. In 1872, Basters declared their own republic and were able to maintain a certain level of autonomy throughout both the German and South African occupations of Namibia.

Overview of the laws of Namibia since 1990 to 2024

 Since gaining independence in 1990, Namibia has established a comprehensive legal framework characterised by its Constitution, which serves as the supreme law of the country. Here are key highlights of Namibian laws and legal developments since 1990:

The Namibian Constitution

• Adoption and Structure: The Constitution, adopted on March 21, 1990, lays the foundation for Namibia’s legal system. It consists of 21 chapters and 148 articles, covering various aspects of governance, fundamental rights, and state principles  .

• Fundamental Rights: Chapter 3 guarantees fundamental human rights and freedoms, including the right to life, liberty, and human dignity. It also protects against discrimination and ensures freedom of speech, assembly, and association .

• Government Structure: The Constitution establishes Namibia as a sovereign, secular, democratic, and unitary state. It delineates the roles and powers of the President, the Cabinet, the National Assembly, and the National Council  .

• Amendments: The Constitution has been amended to increase the size of Parliament and improve representation, particularly regarding gender equality. For instance, the National Assembly expanded from 78 to 104 seats, and the National Council from 26 to 42 seats .

Legislative Developments

• Statutory Laws: Namibia’s statutory laws encompass various fields, including criminal law, civil law, and administrative law. Key statutes have been enacted to address issues such as land reform, environmental protection, and economic regulation .

• Common Law and Customary Law: Besides statutory law, Namibia also recognizes common law and customary law. Common law is based on Roman-Dutch law, while customary law pertains to the traditions and practices of indigenous communities, provided they do not conflict with constitutional principles .

• International Law: Namibia is committed to international law, incorporating international treaties and conventions into its domestic legal system. This includes human rights treaties and agreements on environmental protection .

Key Legal Reforms

• Gender Equality: Significant strides have been made toward gender equality. The Constitution and subsequent laws promote equal rights for women, addressing issues such as representation in government and protection against gender-based violence  .

• Land Reform: Land reform has been a critical issue since independence, aiming to redress historical inequalities in land ownership. Policies and laws have been implemented to facilitate land redistribution and improve access to land for disadvantaged communities  .

• Environmental Protection: Namibia has enacted laws to safeguard its rich biodiversity and natural resources. Environmental legislation includes measures to manage wildlife conservation, protect ecosystems, and ensure sustainable development .

These laws and reforms reflect Namibia’s commitment to building a just, equitable, and sustainable society. For more detailed information, you can refer to sources like the Legal Assistance Centre and the Namibian Constitution on platforms like Wikipedia and other legal databases  .

Proposing a "sin tax" on cellular companies due to distraction causing vehicle accidents

 The concept of a "sin tax" typically applies to products or activities considered harmful or undesirable, such as tobacco, alcohol, and gambling. Charging cellular companies a sin tax would be unconventional and would require a strong justification.

Arguments For

1. Public Health and Safety: If the use of mobile phones is proven to cause significant health risks (e.g., distractions leading to accidents), this could justify a sin tax.
2. Environmental Concerns: Mobile phones contribute to electronic waste. A sin tax could incentivize companies to adopt more sustainable practices.
3. Market Regulation: A sin tax could potentially curb excessive marketing practices or monopolistic behaviors if deemed harmful to consumers.

Arguments Against

1. Essential Service: Mobile phones are considered essential for communication, business, education, and emergency services. Taxing them could disproportionately affect lower-income individuals.
2. Economic Impact: The telecommunications industry is a significant contributor to the economy. Additional taxes could hinder growth and innovation.
3. Justification and Implementation: Justifying a sin tax on cellular companies would be challenging. Implementation would require clear criteria to define the "sinful" aspects of their operations.

Alternatives

• Environmental Fees: Instead of a sin tax, imposing fees related to environmental impact and e-waste management might be more appropriate.
• Health and Safety Regulations: Implementing stricter regulations to address health and safety concerns without additional taxation.
• Digital Access Fund: A small levy on cellular services could fund programs to improve digital access and literacy without labeling it a sin tax.

Conclusion

While a sin tax on cellular companies is not a standard approach, there might be alternative measures to address concerns related to health, safety, and environmental impact. Such measures should be carefully designed to balance the benefits with potential drawbacks to consumers and the industry.

Some thoughts on Prostitution and why it should be decriminalised

 "The designation of prostitution as a special human rights issue, a violation in itself, emphasises the distinction between prostitution and other forms of female or low-status labour... however exploitative they are. It thus reinforces the marginal, and therefore vulnerable, position of the women and men involved in prostitution. By dismissing the entire sex industry as abusive, it also obscures the particular problems and violations of international norms within the industry which are of concern to sex workers."

Thus anything but legal status for sex workers leads to marginalisation and abuses: "even in the many countries where prostitution itself is not illegal, sex workers cannot secure the minimum basic standards which other workers have acquired as far as conditions of work or their personal safety are concerned. It also means that the police frequently fail to take action to help the significant minority among prostitutes who really are victims of slavery."

Moving away from the theoretical, the practical implications of the profession being legal would bring nothing but benefits for sex workers and society as a whole. The public order aspect could be addressed, as it should be, on an individual rather than a blanket basis; Prostitutes would not be forced to work in 'hidden' locations, and would have access to the safety and decency of equipped indoor places of work; Sex workers would be guaranteed access to health facilities often denied them as a consequence of their occupation.

Bindman & Doezema suggest a definition of sex work as labour:

"Negotiation and performance of sexual services for remuneration with or without intervention by a third party where those services are advertised or generally recognised as available from a specific location where the price of services reflects the pressures of supply and demand.

In this definition, 'negotiation' implies the rejection of specific clients or acts on an individual basis. Indiscriminate acceptance by the worker of all proposed transactions is not presumed -- such acceptance would indicate the presence of coercion"

A further argument for the legalisation of the sex industry is that organisation would no longer be hindered by legal penalties and stigma, serving not only to provide a platform for prostitutes' rights, but also to fight the social stigma attached to sex work.

Law Society of Namibia leaks members details - June 2023

 Namibia does not yet have a legal framework to protect personal details such as full names, date of birth and personal contact details. In fact, many businesses and government departments are not even trained in what is considered personal information. Take for example the website of the Law Society of Namibia (LSN). On its “Find a Firm or Practitioner” page (https://lawsocietynamibia.org/find-a-firm-or-practitioner/), it shows public information in a browser window, namely Name, Surname, Designation and Industry. If, however you investigate the coding of the page, it will also give you the Full Names, Date of Birth, and Personal Cellular Number of all its members.

The ability to save information on a computer and share this electronically necessitates legislation to be promulgated that protects the abuse of this information. These laws are especially necessary in our Information and Communication enabled society where information is stored on electronic retrieval systems. The Namibian Constitution states in Article 13 Privacy: “(1) No persons shall be subject to interference with the privacy of their homes, correspondence or communications save as in accordance with law and as is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the protection of health or morals, for the prevention of disorder or crime or for the protection of the rights or freedoms of others.” The Constitution thus guarantees only “Physical Privacy”. The storage of personal and business information (“Informational Privacy”) must have legislation that will prevent misuse of this information. In addition, the individual in Namibia must be able to access any, and all, information that is stored by the state (public institutions). There are thus things that are needed to guarantee informational privacy: 1. Data Protection Act; 2. Privacy and Electronic Communications Regulations; 3. Freedom of Access to Information Act The Namibia Consumer Protection Group (NCPG) once again calls on the broader society in Namibia to become aware of the need for data privacy and protection and encourages open discussion and what can be done. The NCPG will be preparing Public Facing Information Reports for our largest businesses and vulnerable person to encourage them to manage their data better. As for the members of the Law Society, you should expect correspondence from me regarding the data leaked as well as on any other public facing information you need to manage.