First spouses deserve formal recognition in law

Namibia should establish a clear legal framework recognising the contribution of First Spouses through eligibility for a state funeral after their service alongside a sitting President.

This should not depend on the preferences of an administration or be left to case-by-case discretion.

It should be a matter of established national policy, supported by legislation.

The distinction between a state funeral and burial at the National Heroes Acre is central to this argument.

Under section 3 of the Conferment of National Honours Act, 2012, the President has the power to confer national honours, subject to the Act.

Section 4 further provides for state funeral arrangements within the national honours framework.

The National Honours Advisory Committee advises the President on such decisions, including state funerals and interment at the National Heroes Acre.

These are related but distinct honours.

This existing framework provides a basis for reform.

If Namibia intends state funeral recognition for former First Spouses to be guaranteed, the law must expressly provide for it.

An administrative protocol alone may not be sufficient to create an entitlement that overrides the existing statutory framework.

Parliament should therefore consider amending the Act to establish clear eligibility criteria and define the recognition attached to the role.

The case for such reform rests on the evolving responsibilities of First Spouses.

Their contribution increasingly extends beyond ceremonial duties to initiatives addressing child welfare, public health, education, gender-based violence, poverty and the empowerment of vulnerable communities.

Through advocacy, community engagement and partnerships, they can help bring national attention to social challenges and mobilise support for responses to them.

Their role also carries responsibilities that are rarely captured by formal job descriptions.

They share the public scrutiny and demands placed on the Head of State, often sacrificing personal privacy while supporting the presidency and its national responsibilities.

Although the First Spouse is not an elected constitutional office-holder, the contribution made through the office can form a meaningful part of the country’s public service.

The proposed reform should be carefully defined. Eligibility could apply to a person who served as First Spouse throughout a completed presidential term, with legislation clarifying how exceptional circumstances would be treated.

The law should also specify whether the recognition is automatic or subject to defined conditions, avoiding uncertainty and inconsistent application.

This proposal need not confer national hero status or guarantee burial at the National Heroes Acre.

Those honours should continue to be assessed under the applicable legal framework.

A state funeral, as a distinct form of official recognition, should be considered on its own terms.

Namibia should not leave this question to convention, precedent or political discretion. If the nation accepts that First Spouses make a distinctive contribution to public life, that principle should be reflected in law.

A clear statutory provision would provide consistency, transparency and recognition beyond the tenure of any individual President.

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