Invoking the doctrine of legitimate expectations to fulfill/relise economic, social and cultural (ESC) right in Namibia

Abstract

Abstract provided by author

Almost twenty (20) years have passed since Namibia became independent. Despite many promises and undertakings to develop the country, poverty, high levels of unemployment, inadequate social security, and inequality are still prominent features of the Namibian society. Many a people are living in deplorable conditions, they do not have access to decent shelter and to adequate health facilities. The Economic, Social and Cultural rights (hereafter referred to as ESC rights) in Namibia like in many African States, are appalling and dire to say the least. The reasons and possible solutions for these concerns have been and continue to be widely debated by politicians and the general public at large; however, the legal fraternity has been rather dormant on the issue. The judicial enforcement of ESC rights in the country also poses certain challenges. This paper herein proposes the invocation of the doctrine of legitimate expectations to realize and fulfill ESC rights in Namibia. The paper will focus on the following; what exactly is the doctrine of legitimate expectations? What is the rationale for invoking this doctrine to enforce ESC rights in Namibia? What legitimate expectations do the Namibian people have and where do those expectations derive their legitimacy from? Further, the paper will examine the question of how best the doctrine in question can be invoked. The objective of this approach is to establish a sound foundation on why one advocates for the use of the doctrine of legitimate expectations to realize and fulfill ESC rights in Namibia