Johannes Gerard Adolph Diergaardt , more commonly known as Hans Diergaardt (16 September 1927 – 13 February 1998) was a Namibian politician active for nearly a decade after Namibia gained independence. Prior to that, he was elected as the fifth Kaptein of the then-autonomous Baster community at Rehoboth , succeeding Dr. Ben Africa in 1979 after winning a court challenge to the disputed election of 1976.
21-605: Both before and after independence, Diergaardt founded several local political parties, among them the Federal Convention of Namibia . He represented this party as a member of the Constituent Assembly of Namibia , convened to draft the constitution for the new nation of Namibia. Diergaardt is known for his criticism of black-majority rule in the early years of independent Namibia . Believing that minority group rights were not sufficiently protected, he led
42-774: A guerrilla war against South Africa. Diergaardt was elected as a member of the Rehoboth Advisory Council in 1959. After SWAPO began organizing an independence movement, Diergaardt served as Chairman of the National Convention in 1969. He participated in talks at the Turnhalle Conference (1975–1977) in opposition to Kaptein Ben Africa , who officially led the Baster delegation at the conference. In 1976 South Africa granted
63-572: A legal suit to establish autonomy for Rehoboth Gebied, the historic district of Baster settlement, which had a kind of autonomy under German colonial and South African rule. The nation's Supreme Court ruled that Rehoboth had no special status in the newly independent Namibia. Before his death, Diergaardt filed an official complaint in 1998 with the United Nations Human Rights Committee , which ruled in 2000. It declined to rule on one issue, but concluded that Namibia
84-560: A seat in the Namibian Constituent Assembly . After also-ran results in 1994 and 1999 it ceased to be publicly active. The FCN was formed in 1988 by a merger of several smaller parties: The FCN was led by Diergaardt until his death in 1998. After that, Kephes Conradie took over the leadership of the party. The party contested Namibia's legislative elections from 1989 to 1999. In the 1989 election , FCN received 10,452 total votes, which allotted it one seat in
105-459: Is the supreme law of the Republic of Namibia . Adopted on 9 February 1990, a month prior to Namibia's independence from apartheid South Africa , it was written by an elected constituent assembly . "Whereas recognition of the inherent dignity and the equal and inalienable rights of all members of the human family is indispensable for freedom, justice and peace; Whereas the said rights include
126-654: The Namibian Constituent Assembly . In the former Coloured homeland , the party received twenty-nine percent of the total vote, less than the Democratic Turnhalle Alliance and SWAPO parties. This result, surprising as Diergaardt was Kaptein of the Rehoboth Basters at that time, was attributed to Diergaardt's secession plans for the territory around Rehoboth . President Diergaardt took FCN's sole Constituent Assembly seat but soon resigned on health grounds. Kerina took over from him and
147-629: The Namibian Constitution . He mounted a court challenge seeking to establish autonomy for the Basters based on their prior history in the country; the Supreme Court ruled they had no special status. Before his death, Diergaardt filed an official complaint on behalf of the Basters with the United Nations Human Rights Committee . In Diergaardt v. Namibia (2000), the committee found evidence of linguistic discrimination against
168-731: The Rehoboth Tax Payers Association (1959), the Rehoboth Volksparty (English: Rehoboth Peoples' Party , 1968), and the Rehoboth Liberation Party (1975). This was during the period following World War I when South African administered the territory, although the United Nations General Assembly had retracted its mandate in 1966. After that, SWAPO initiated an independence movement in 1966, conducting
189-543: The Basters a form of autonomy for the area around Rehoboth under the Self-Government Act, No. 56, in an effort to hold their loyalty. As part of its implementation of a Baster Homeland , South Africa supported an election for the Kaptein ( Tribal chief ) of Rehoboth. Incumbent Dr. Ben Africa won narrowly, and Diergaardt came second. Diergaardt challenged the election results in court; when he won in 1979, he
210-665: The Basters by the Namibian government, which refused to use the Afrikaans language in dealing with this community. Diergaardt died from a heart attack in Rehoboth on 13 February 1998. Federal Convention of Namibia The Federal Convention of Namibia ( FCN ) was a political party based in Rehoboth , Namibia . It was created in the wake of Namibian independence in 1988 by a merger of several smaller parties and gained
231-650: The Basters to have a voice in their future, but the major effort there was on ridding the country of South Africa control. Diergaardt represented the Rehoboth Free Democratic Party (RFP) and had a seat in the Transitional Government of National Unity (TGNU). This was directly linked to the South African apartheid state, which allowed it to operate some governmental powers from June 1985 to February 1989. Diergaardt
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#1732772639632252-685: The Constitution was amended to increase the size of the Parliament . The amendment saw an increase in the National Assembly from 78 seats (72 elected, 6 appointed by the President ) to 104 seats (96 elected, 8 appointed). The National Council increased from 26 seats (two representatives from 13 regions ) to 42 seats (three representatives from 14 regions, Kavango was split into Kavango East and Kavango West ). This expansion
273-667: The Prison Service Chapter XVI Finance Chapter XVII Central Bank and National Planning Commission Chapter XVIII Coming into Force of the Constitution Chapter XX The Law in Force and Transitional Provisions Chapter XXI Final Provisions Chapter 2, consisting of the single Article 4, is the major source of Namibian nationality law . Prior to the 2014 general elections ,
294-1244: The people of Namibia accept and adopt this Constitution as the fundamental law of our Sovereign and Independent Republic." The Constitution consists of 21 chapters totaling 148 articles. Chapter I The Republic Article 1 Establishment of the Republic of Namibia and Identification of its Territory Article 2 National Symbols Article 3 Language Chapter II Citizenship Article 4 Acquisition and loss of Citizenship Chapter III Fundamental Human Rights and Freedoms Article 5 Protection of Fundamental Rights and Freedoms Article 6 Protection of Life Article 7 Protection and Liberty Article 8 Respect for Human Dignity Chapter IV Public Emergency, State of National Defence and Martial Law Chapter V The President Chapter VI The Cabinet Chapter VII The National Assembly Chapter VIII The National Council Chapter IX The Administration of Justice Chapter X The Ombudsman Chapter XI Principles of State Policy Chapter XII Regional and Local Government Chapter XIII The Public Service Commission Chapter XIV The Security Commission Chapter XV The Police and Defence Forces and
315-411: The people of Namibia by colonialism, racism and apartheid; Whereas we the people of Namibia - have finally emerged victorious in our struggle against colonialism, racism and apartheid; are determined to adopt a Constitution which expresses for ourselves and our children our resolve to cherish and to protect the gains of our long struggle; desire to promote amongst all of us the dignity of the individual and
336-480: The right of the individual to life, liberty and the pursuit of happiness, regardless of race, colour, ethnic origin, sex, religion, creed or social or economic status; Whereas the said rights are most effectively maintained and protected in a democratic society, where the government is responsible to freely elected representatives of the people, operating under a sovereign constitution and a free and independent judiciary; Whereas these rights have for so long been denied to
357-444: The unity and integrity of the Namibian nation among and in association with the nations of the world; will strive to achieve national reconciliation and to foster peace, unity and a common loyalty to a single state; committed to these principles, have resolved to constitute the Republic of Namibia as a sovereign, secular, democratic and unitary State securing to all our citizens justice, liberty, equality, and fraternity. Now therefore, we
378-581: Was confirmed as the fifth Baster Kaptein in history. He served as leader of the Baster Homeland (or bantustan ) from 1979 until independence in 1990. Believing that alliances with native tribes was important, Diergaardt promoted new housing for the Nama people and was the first local authority in Namibia to desegregate the school system. He also tried to build alliances at the national level to enable
399-422: Was elected Deputy Speaker of the house. In the 1994 Namibian parliamentary election , the party failed to earn a seat and received just 1,166 total votes. In the 1999 Namibian parliamentary election , it received just 764 total votes, ranking last of parties contesting the election. It did not contest the 2004 Namibian parliamentary election . Constitution of Namibia The Constitution of Namibia
420-543: Was exercising linguistic discrimination against the Afrikaans -speaking Basters. Diergaardt was born into a Baster family in Rehoboth, then part of South-West Africa , on 16 September 1927. He became a professional car mechanic but also worked as a farmer, businessman, and politician throughout his life. In 1947 Diergaardt started his political career by joining the Rehoboth Burgervereniging (English: Rehoboth Citizen Association ). He later founded
441-500: Was the second chairman of the TGNU. Prior to Namibian gaining independence , Diergaardt was elected to the Constituent Assembly of Namibia , which wrote the country's constitution. After independence, in 1990 Diergaardt threatened armed secession from Namibia if the government tried to redistribute the land of Rehoboth (as had been discussed prior to independence.) He believed that minority group rights were not sufficiently protected under
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