"IT seems as if the legislature has become totally submerged under the thumb of [a] strong executive."

This situation raises serious questions about the effectiveness of the legislature as the custodian of the law-making functions of the State.

This was the damning message of former youth activist Phanuel Kaapama in Windhoek on Tuesday.

Kaapama addressed a relatively small audience at the Polytechnic of Namibia as part of a public lecture series organised by the National Preparatory Committee to commemorate the country's 20th independence celebrations.

Kaapama said: "Close to 60% of [the] members of the legislature (Parliament) are members of the executive (Cabinet). And the legislature must perform checks and balances on the executive; they are both the referee and the players."

Regarding the controversy which erupted after the November 2009 National Assembly and presidential elections, Kaapama called for an overhaul of the Electoral Act "to eliminate ambiguities and conflicting interpretations".

He said the act provides for the verification of results but doesn't stipulate where such verification should be done - "under a tree; in heaven or where?"

Furthermore, Kaapama argued, the act needs to "express itself on the airtime [provided] by the public broadcaster to political parties." Opposition parties cried foul during election campaigns, claiming that Swapo received the most airtime on the NBC.

The activist added that it is also imperative to implement "an institutionalised culture of good electoral administrative practices" to curb "registration cards found on rubbish dumps.

According to him, Namibia should also consider "proactive mechanisms for conflicting resolution", for example, setting up an electoral tribunal where dissatisfied voters can lodge their complaints.

Equally important, Kaapama said, is to do away with "the prejudicial mindset as a barrier to fostering true partnership".

"Rather address evidence [about election irregularities] rather than creating suspicions and mistrust," he suggested.

Despite having had praise for the fact that Namibians resorted to challenging the elections' outcome in court as opposed to taking up arms, he said: "Namibia's democracy seems a cult of political liberty [rather] than socio-economic equity. Namibia is characterised by the economic tyranny of the few over the socio-economically disenfranchised majority."

According to him, the constitutionally guaranteed right to life doesn't only relate to the abolition of the death penalty. "Hunger can kill. The lack of ARVs or taking them on an empty stomach can also kill."