Iuze Mukube

For many years, heroism as an act has been associated with carrying a rifle, fighting on a battlefield and defending a nation at a great personal sacrifice.

However, as with evolution and development, nothing remains stagnant.

The meaning of heroism, too, has evolved, extending beyond the battlefield to those who work to uphold democracy, defend the rule of law and keep the wheels of justice turning as a constant fabric of society.

Heroism is about making sacrifices for something greater than yourself, which can be found wherever people have the courage to stand up for what is right, protect others and defend principles greater than themselves.

For social activist Shaun Gariseb, courage or heroism is the willingness to put justice, human dignity and the public good above personal gain or popularity.

“Justice over money, that is what courage looks like,” said Gariseb.

He stated that being courageous is challenging authority and representing the marginalised fearlessly and resisting pressure.

In essence, Gariseb’s statement points to heroism as an act of willingness to stand alone when the easier option is to remain silent.

Heroism is embedded throughout the justice system and Gariseb pointed to a few courageous judicial officers who should be celebrated for not giving in to pressure.

The likes of late prosecutor Justice Shiweda, whose resolve, professionalism and fearlessness, he said, will be a guide to future officers.

Other heroes include lawyers who take on banking institutions and assist activists in challenging authority.

Additionally, Gariseb also commended court officials who support the judicial system and every lawyer and administrative staff at the directorate of legal aid serving the indigent people and not running away for greener pasture.

These are the ones associated with quiet heroism, who remain committed to serving vulnerable communities despite better-paying opportunities elsewhere.

He commended police officers and Namibian Correctional Service officers and Judge Beatrix de Jagger.

The judge earlier this year highlighted workload crises in a court order where she stated that the expectations are inhuman and that 24 hours are not enough to manage case pressure without sacrificing personal health.

“These are people who understand the institutional responsibility of judicial officers and support staff, yet they have the courage to stand up for justice.”

Gariseb added that heroes are selfless people who do things for collective benefit and progress.

“People who do courageous things not for clout, not for incentive but because it’s necessary.”

Although not defining himself as a hero, the activist stated he will always swim against the tide.

“I will always stand up for the downtrodden, for psychological liberation, human dignity and the reclamation of self-worth,” he said.

He pointed out that sometimes the people they fight for are vilified by society, the cause or the position they fight for isn’t always popular, but that is normal.

“I am always swimming against the tide.”

He stated that its also normal to defend accused persons but to be courageous enough to defend those accused of grievous offences are few, with the likes of fearless lawyers like Mbanga Siyomunji and Milton Engelbrecht.

“They are essential guardians of our legal system by serving as officers of the court and must uphold the rule of law, have integrity and defend individual rights,” he added.

He stated that the judicial system acts as a foundation of a stable society, for it sets clear rules of behaviour, protects human rights and unfair treatment by others or the government.

“We must all protect it by all means,” he concluded.

Every day, Namibians enter courtrooms seeking justice.

Behind every case are people who chose to speak, investigate, defend, prosecute and adjudicate.

So, courage in this case is found behind a prosecutor’s desk, in the witness box or in the quiet determination by the lawyer or the investigator who refuses to let a case go cold.

For defence lawyer Jermaine Muchali, courage in the legal profession often involves taking risks and changing the law to protect people whose rights might otherwise be overlooked.

Muchali identified Justice President Petrus Damaseb as a hero, whose heroism emanates from his continuous fight and protection of property rights, particularly primary homes.

“Under his stewardship, he [Damaseb] has changed the law of abrupt auctioning of primary homes of previously disadvantaged people by the banks.”

Auctioning of primary homes has become extremely difficult to implement, and which has frustrated the banks, said Muchali.

This says much about heroism in the Judiciary system not being about being dramatic but found in decisions that change legal practice and protect vulnerable people from losing their homes.

Muchali acknowledged that defending unpopular people is part of the profession but that doing so can expose legal professionals to personal and security risks.

In essence, his statements point to courage as knowing the risks but doing the work anyway.

“Law is not static and legal practitioners are the cog that develops the laws through court cases,” he said in response to the role lawyers play in protecting Namibia’s justice system.

Chief Justice Peter Shivute’s speech during the judiciary’s first commemoration of the International Day for Judiciary Well-Being offer a compelling reminder of often overlooked form of heroism.

“The administration of justice is a collective endeavour,” he said.

He emphasised that every member of the office of the judiciary contributes to that endeavour, even when that contribution is not always visible.

Heroism is also the quiet, often unrecognised work of everyone who sustains the administration of justice and recognising that those people are human and deserve support.

Individual resilience cannot indefinitely substitute for manageable workloads, adequate administrative support, appropriate rest, psychological support, respectful leadership and strong collegial networks, he said.

Courage should not be confused with silently enduring everything, he said, and encouraged judicial officers to take care of themselves and their health.

“I will not pretend that judicial work will ever become easy. I know from my own years on the Bench what it is to sit late over a record, and to give up weekends that belonged to my family.”

The demands are real and at present they are considerable, he added.

“What I do not accept is that they must be met at the cost of our health. A set of scales, however finely made, cannot weigh anything accurately once its balance is damaged. Neither can we,” he added.

In other words, he may have meant to say that celebrating those who keep the justice system functioning should also mean acknowledging the conditions under which they work.

“Thank you for work that is mostly done without recognition, and much of it under pressure,” he concluded.

Heroism in essence, therefore, is not about fighting a war, but can be demonstrated from ordinary people working together to preserve freedom and justice inherited from our heroic ancestors. 

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