{ Adopted: Feb 1990 / Status: Feb 1990 }
Article 1 [Establishment of the Republic of Namibia and Identification of its Territory]
Article 2 [National Symbols]
Article 3 [Language]
Article 4 [Acquisition and loss of Citizenship]
Article 5 [Protection of Fundamental Rights and Freedoms]
Article 6 [Protection of Life]
Article 7 [Protection and Liberty]
Article 8 [Respect for Human Dignity]
Article 9 [Slavery and Forced Labour {Labor}]
Article 10 [Equality and Freedom from Discrimination]
Article 11 [Arrest and Detention]
Article 12 [Fair Trial]
Article 13 [Privacy]
Article 14 [Family]
Article 15 [Children's Rights]
Article 16 [Property]
Article 18 [Administrative Justice]
Article 19 [Culture]
Article 20 [Education]
Article 21 [Fundamental Freedoms]
Article 22 [Limitation upon Fundamental Rights and Freedoms]
Article 23 [Apartheid and Affirmative Action]
Article 24 [Derogation]
Article 25 [Enforcement of Fundamental Rights and Freedoms]
Article 26 [State of Emergency, State of National Defence and Martial Law]
Article 27 [Head of State and Government]
Article 28 [Election]
Article 29 [Term of Office]
Article 30 [Oath or Affirmation]
Article 31 [Immunity from Civil and Criminal Proceedings]
Article 32 [Functions, Powers and Duties]
Article 33 [Remuneration]
Article 34 [Succession]
Article 35 [Composition]
Article 36 [Functions of the Prime Minister]
Article 37 [Deputy-Ministers]
Article 38 [Oath of Affirmation]
Article 39 [Vote of No Confidence]
Article 40 [Duties and Functions]
Article 41 [Ministerial Accountability]
Article 42 [Outside Employment]
Article 43 [Secretary to the Cabinet]
Article 44 [Legislative Power]
Article 45 [Representative Nature]
Article 46 [Composition]
Article 47 [Disqualification of Members]
Article 48 [Vacation of Seats]
Article 49 [Elections]
Article 50 [Duration]
Article 51 [Speaker]
Article 52 [Secretary and other Officers]
Article 53 [Quorum]
Article 54 [Casting Vote]
Article 55 [Oath or Affirmation]
Article 56 [Assent to Bills]
Article 57 [Dissolution]
Article 58 [Conduct of Business after Dissolution]
Article 59 [Rules of Procedure, Committees and Standing Orders]
Article 60 [Duties, Privileges and Immunities of Members]
Article 61 [Public Access to Sittings]
Article 62 [Sessions]
Article 63 [Functions and Powers]
Article 64 [Withholding of Presidential Assent]
Article 65 [Signature and Enrolment of Acts]
Article 66 [Customary and Common Law]
Article 67 [Requisite Majorities]
Article 68 [Establishment]
Article 69 [Composition]
Article 70 [Term of Office of Members]
Article 71 [Oath or Affirmation]
Article 72 [Qualifications of Members]
Article 73 [Chairperson and Vice-Chairperson]
Article 74 [Powers and Functions]
Article 75 [Review of Legislation]
Article 76 [Quorum]
Article 77 [Voting]
Article 78 [The Judiciary]
Article 79 [The Supreme Court]
Article 80 [The High Court]
Article 81 [Binding Nature of Decisions of the Supreme Court]
Article 82 [Appointment of Judges]
Article 83 [Lower Courts]
Article 84 [Removal of Judges from Office]
Article 85 [The Judicial Service Commission]
Article 86 [The Attorney-General]
Article 87 [Powers and Functions of the Attorney-General]
Article 88 [The Prosecutor-General]
Article 89 [Establishment and Independence]
Article 90 [Appointment and Term of Office]
Article 91 [Functions]
Article 92 [Powers of Investigation]
Article 93 [Meaning of "Official"]
Article 94 [Removal from Office]
Article 95 [Promotion of the Welfare of the People]
Article 96 [Foreign Relations]
Article 97 [Asylum]
Article 98 [Principles of Economic Order]
Article 99 [Foreign Investments]
Article 100 [Sovereign Ownership of Natural Resources]
Article 101 [Application of the Principles contained in this Chapter]
Article 102 [Structures of Regional and Local Government]
Article 103 [Establishment of Regional Councils]
Article 104 [The Delimitation Commission]
Article 105 [Composition of Regional Councils]
Article 106 [Regional Council Elections]
Article 107 [Remuneration of Members of Regional Councils]
Article 108 [Powers of Regional Councils]
Article 109 [Management Committees]
Article 110 [Administration and Functioning of Regional Councils]
Article 111 [Local Authorities]
Article 112 [Establishment]
Article 113 [Functions]
Article 114 [Establishment and Functions]
Article 115 [Establishment of the Police Force]
Article 116 [The Inspector-General of Police]
Article 117 [Removal of the Inspector-General of Police]
Article 118 [Establishment of the Defence Force]
Article 119 [Chief on the Defence Force]
Article 120 [Removal of the Chief of the Defence Force]
Article 121 [Establishment of the Prison Service]
Article 122 [Commissioner of Prisons]
Article 123 [Removal of the Commissioner of Prisons]
Article 124 [Transfer of Government Assets]
Article 125 [The State Revenue Fund]
Article 126 [Appropriations]
Article 127 [The Auditor-General]
Article 128 [The Central Bank]
Article 129 [The National Planning Commission]
Article 130 [Coming into Force of the Constitution]
Article 131 [Entrenchment of Fundamental Rights and Freedoms]
Article 132 [Repeal and Amendment of the Constitution]
Article 133 [The First National Assembly]
Article 134 [Election of the First President]
Article 135 [Implementation of this Constitution]
Article 136 [Powers of the National Assembly prior to the Election of a National Council]
Article 137 [Elections of the First Regional Councils and the First National Council]
Article 138 [Courts and Pending Actions]
Article 139 [The Judicial Service Commission]
Article 140 [The Law in Force at the Date of Independence]
Article 141 [Existing Appointments]
Article 142 [Appointment of the First Officers of Defence Force, Police, and Prisons]
Article 143 [Existing International Agreements]
Article 144 [International Law]
Article 145 [Saving]
Article 146 [Definitions]
Article 147 [Repeal of Laws]
Article 148 [Short Title]
Schedule 1 [Oath / Affirmation of Judges]
Schedule 2 [Oath/Affirmation of Ministers And Deputy Ministers]
Schedule 3 [Oath/Affirmation of Members Of The National Assembly And The National Council]
Schedule 4 [Election Of Members Of The National Assembly]
Schedule 5 [Property Vesting In The Government Of Namibia]
Schedule 6 [The National Flag of The Republic of Namibia]
Schedule 7 [Implementation of This Constitution]
Schedule 8 [Repeal of Laws]
Whereas the said rights include the right of the individual to
life, liberty and the pursuit of happiness, regardless of race,
colour {color}, ethnic origin, sex, religion, creed or social or
economic status;
Whereas the said rights are most effectively maintains 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 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
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 the people of Namibia accept and adopt this
Constitution as the fundamental law of our Sovereign and
Independent Republic.
Chapter I The Republic
(1) The Republic of Namibia is hereby established as a
sovereign, secular, democratic and unitary State founded upon
the principles of democracy, the rule of law and justice for all.
(2) All power shall vest in the people of Namibia who shall
exercise their sovereignty through the democratic institutions of
the State.
(3) The main organs of the State shall be the Executive, the
Legislature and the Judiciary.
(4) The national territory of Namibia shall consist of the whole
of the territory recognised by the international community
through the organs of the United Nations as Namibia, including
the enclave, harbour and port of Walvis Bay, as well as the off-
shore islands of Namibia, and its southern boundary shall
extend to the middle of the Orange River.
(5) Windhoek shall be the seat of central Government.
(6) This Constitution shall be the Supreme Law of Namibia.
(1) Namibia shall have a National Flag, the description of
which is set out in Schedule 6.
(2) Namibia shall have a National Coat of Arms, a National
Anthem and a National Seal to be determined by Act of
Parliament, which shall require a two-thirds majority of all the
members of the National Assembly for adoption and
amendment.
(3)(a) The National Seal of the Republic of Namibia shall show
the Coat of Arms
(b) The National Seal shall be in the custody of the President or
such person whom the President may designate for such
purpose and shall be used on such official documents as the
President may determine.
(1) The official language of Namibia shall be English.
(2) Nothing contained in this Constitution shall prohibit the use
of any other language as a medium of instruction in private
schools or in schools financed or subsidised by the State,
subject to compliance with such requirements as may be
imposed by law, to ensure proficiency in the official language,
or for pedagogic reasons.
(3) Nothing contained in Paragraph (1) shall preclude legislation
by Parliament which permits the use of a language other than
English for legislative, administrative and judicial purposes in
regions or areas where such other language or languages are
spoken by a substantial component of the population.
Chapter II Citizenship
(1) The following persons shall be citizens of Namibia by birth:
a) those born in Namibia before the date of Independence
whose fathers or mothers would have been Namibian citizens at
the time of the birth of such persons, if this Constitution had
been in force at that time; and
b) those born in Namibia before the date of Independence, who
are not Namibian citizens under Paragraph (a), and whose
fathers or mothers were ordinarily resident in Namibia at the
time of the birth of such persons: provided that their fathers or
mothers were not then persons:
aa) who were enjoying diplomatic immunity in Namibia under
any law relating to diplomatic privileges; or
bb) who were career representatives of another country; or
cc) who were members of any police, military or security unit
seconded for service within Namibia by the Government of
another country: provided further that this paragraph shall not
apply to persons claiming citizenship of Namibia by birth if
such persons were ordinarily resident in Namibia at the date of
Independence and had been so resident for a continuous period
of not less than five (5) years prior to such date, or it the
fathers or mothers of such persons claiming citizenship were
ordinarily resident in Namibia at the date of the birth of such
persons and had been so resident for a continuous period of not
less than five (5) years prior to such date;
c) those born in Namibia after the date of Independence whose
fathers or mothers are Namibian citizens at the time of the birth
of such persons;
d) those born in Namibia after the date of Independence who do
not qualify for citizenship under Paragraph (c), and whose
fathers or mothers are ordinarily resident in Namibia at the time
of the birth of such persons: provided that their fathers or
mothers are not then persons:
aa) enjoying diplomatic immunity in Namibia under any law
relating to diplomatic privileges; or
bb) who are career representatives of another country; or
cc) who are members of any police, military or security unit
seconded for service within Namibia by the Government of
another country; or
dd) who are illegal immigrants:
provided further that Paragraphs (aa), (bb), (cc) and (dd) will
not apply to children who would otherwise be stateless.
(2) The following persons shall be citizens of Namibia by
descent:
a) those who are not Namibian citizens under Paragraph (1) and
whose fathers or mothers at the time of the birth of such
persons are citizens of Namibia or whose fathers or mothers
would have qualified for Namibian citizenship by birth under
Paragraph (1), if this Constitution had been in force at that
time; and
b) who comply with such requirements as to registration of
citizenship as may be required by Act of Parliament: provided
that nothing in this Constitution shall preclude Parliament from
enacting legislation which requires the birth of such persons
born after the date of Independence to be registered within a
specific time either in Namibia or at an embassy, consulate or
office of a trade representative of the Government of Namibia.
(3) The following persons shall be citizens of Namibia by
marriage:
a) those who are not Namibian citizens under Paragraph (1)
or (2) and who:
aa) in good marry a Namibian citizen or, prior to the coming
into force of this Constitution, in good faith married a person
who would have qualified for Namibian citizenship if this
Constitution had been in force; and
bb) subsequent to such marriage have ordinarily resided in
Namibia as the spouse of such person for a period of not less
than two (2) years; and
cc) apply to become citizens of Namibia;
b) for the purposes of this paragraph (and without derogating
from any effect that it may have for any other purposes) a
marriage by customary law shall be deemed to be a marriage:
provided that nothing in this Constitution shall preclude
Parliament from enacting legislation which defines the
requirements which need to be satisfied for a marriage by
customary law to be recognised as such for the purposes of this
paragraph.
(4) Citizenship by registration may be claimed by persons who
are not Namibian citizens under Paragraph (1), (2) or (3) and
who were ordinarily resident in Namibia at the date of
Independence, and had been so resident for a continuous period
of not less than five (5) years prior to such date:provided that
application for Namibian citizenship under this paragraph is
made within a period of twelve (12) months from the date of
Independence, and prior to making such application, such
persons renounce the citizenship on any other country of which
they are citizens.
(5) Citizenship by naturalisation may be applied for by persons
who are not Namibian citizens under Paragraphs (1), (2), (3)
or (4) and who:
a) are ordinarily resident in Namibia at the time when the
application for naturalisation is made; and
b) have been so resident in Namibia for a continuous period of
not less than five (5) years (whether before or after the date of
Independence); and
c) satisfy any other criteria pertaining to health, morality,
security or legality of residence as may be prescribed by law.
(6) Nothing contained herein shall preclude Parliament from
authorizing by law the conferment of Namibian citizenship upon
any fit and proper person by virtue of any special skill or
experience or commitment to or services rendered to the
Namibian nation either before or at any time after the date of
Independence.
(7) Namibian citizenship shall be lost by persons who renounce
their Namibian citizenship by voluntarily signing a formal
declaration to that effect.
(8) Nothing in this Constitution shall preclude Parliament from
enacting legislation providing for the loss of Namibian
citizenship by persons who, after the date of Independence:
a) have acquired the citizenship of any other country by any
voluntary act; or
b) have served or volunteered to serve in the armed or security
forces of any other country without the written permission of
the Namibian Government; or
c) have taken up permanent residence in any other country and
have absented themselves thereafter from Namibia for a period
in excess of two (2) years without the written permission of the
Namibian Government:
provided that no person who is a citizenship of Namibia by
birth or descent may be deprived of Namibian citizenship by
such legislation.
(9) Parliament shall be entitled to make further laws not
inconsistent with this Constitution regulating the acquisition or
loss of Namibian citizenship.
Chapter III Fundamental Human Rights and Freedoms
The fundamental rights and freedoms enshrined in this chapter
shall be respected and upheld by the Executive, Legislature and
Judiciary and all organs of the Government and its agencies
and, where applicable to them, by all natural and legal
persons
The right to life shall be respected and protected. No law may
prescribe death as a competent sentence. No Court or Tribunal
shall have the power to impose a sentence of death upon any
person. No executions shall take place in Namibia.
No persons shall be deprived of personal liberty except
according to procedures established by law.
(1) The dignity
(2)(a) In any judicial proceedings or in other proceedings before
any organ of the State, and during the enforcement of a penalty,
respect for human dignity
(b) No persons shall be subject to torture or to cruel, inhuman
or degrading treatment or punishment.
(1) No persons shall be held in slavery or servitude.
(2) No persons shall be required to perform forced labour
{labor}.
(3) For the purposes of this article, the expression "forced
labour" shall not include:
a) any labour required in consequence of a sentence or order of
a Court;
b) any labour required of persons while lawfully detained
which, though not required in consequence of a sentence or
order of a Court, is reasonably necessary in the interests of
hygiene;
c) any labour required or members of the defence force, the
police force and the prison service in pursuance of their duties
as such or, in the case of persons who have conscientious
objections to serving as members of the defence force, any
labour which they are required by law to perform in place of
such service;
d) any labour required during any period of public emergency
or in the event of any other emergency or calamity which
threatens the life and well-being of the community, to the extent
that requiring such labour is reasonably justifiable in the
circumstances of any situation arising or existing during that
period or as a result of that other emergency or calamity, for
the purpose of dealing with that situation;
e) any labour reasonably required as part of reasonable and
normal communal or other civic obligations.
(1) All persons shall be equal
(2) No persons may be discriminated against on the grounds of
sex, race, colour {color}, ethnic origin, religion, creed or social
or economic status.
(1) No persons shall be subject to arbitrary arrest or detention.
(2) No persons who are arrested shall be detained in custody
without being informed promptly in a language they understand
of the grounds for such arrest.
(3) All persons who are arrested and detained in custody shall
be brought before the nearest Magistrate or other judicial
officer within a period of forty-eight (48) hours of their arrest
or, if this is not reasonably possible, as soon as possible
thereafter, and no such persons shall be detained in custody
beyond such period without the authority of a Magistrate or
other judicial officer.
(4) Nothing contained in Paragraph (3) shall apply to illegal
immigrants held in custody under any law dealing with illegal
immigration: provided that such persons shall not be deported
from Namibia unless deportation is authorised by a Tribunal
empowered by law to give such authority.
(5) No persons who have been arrested and held in custody as
illegal immigrants shall be denied the right to consult
confidentially legal practitioners of their choice, and there shall
be no interference with this right except such as is in
accordance with the law and is necessary in a democratic
society in the interest of national security or for public safety.
(1)(a) In the determination of their civil rights and obligations
or any criminal charges against them, all persons shall be
entitled to a fair and public hearing by an independent,
impartial and competent Court or Tribunal established by law:
provided that such Court or Tribunal may exclude the press
and/or the public from all or any part of the trial for reasons of
morals, the public order or national security, as is necessary in
a democratic society.
(b) A trial referred to in Paragraph (a) shall take place within a
reasonable time, failing which the accused shall be released.
(c) Judgments in criminal cases shall be given in public, except
where the interests of juvenile persons or morals otherwise
require.
(d) All persons charged with an offence shall be presumed
innocent until proven guilty according to law, after having had
the opportunity of calling witnesses and cross-examining those
called against them.
(e) All persons shall be afforded adequate time and facilities for
the preparation and presentation of their defence, before the
commencement of and during their trial, and shall be entitled to
be defended by a legal practitioner of their choice.
(f) No persons shall be compelled to give testimony against
themselves or their spouses, who shall include partners in a
marriage by customary law, and no Court shall admit in
evidence against such persons testimony which has been
obtained from such persons in violation of Article
8 (2)(b).
(2) No persons shall be liable to be tried, convicted or punished
again for any criminal offence for which they have already been
convicted or acquitted according to law: provided that nothing
in this paragraph shall be construed as changing the provisions
of the common law defence of "previous acquittal" and
"previous conviction".
(3) No persons shall be tried or convicted for any criminal
offence or on account of any act or omission which did not
constitute a criminal offence at the time when it was committed,
nor shall a penalty be imposed exceeding that which was
applicable at the time when the offence was committed.
(1) No persons shall be subject to interference with the privacy
of their homes, correspondence or communications save as in
accordance with law and as is necessary in a democratic society
in the interests of national security, public safety of the
economic well-being of the country, for the protection of health
or morals, for the prevention of disorder or crime or for the
protection of the rights or freedoms of others.
(2) Searchers of the person or the homes of individuals shall
only be justified:
a) where these are authorised by a competent judicial
officer;
b) in cases where delay in obtaining such judicial authority
carries with it the danger or prejudicing the objects of the
search or the public interest, and such procedures as are
prescribed by Act of Parliament to preclude abuse are properly
satisfied.
(1) Men and women of full age, without any limitation due to
race, colour {color}, ethnic origin, nationality, religion, creed
or social or economic status shall have the right to marry and to
found a family. They shall be entitled to equal rights as to
marriage, during marriage and at its dissolution.
(2) Marriage shall be entered into only with the free and full
consent of the intending spouses.
(3) The family is the natural and fundamental group unit of
society and is entitled to protection by society and the State.
(1) Children
(2) Children are entitled to be protected from economic
exploitation and shall not be employed in or required to
perform work that is likely to be hazardous or to interfere with
their education, or to be harmful to their health or physical,
mental, spiritual, moral, or social development. For the
purposes of this paragraph children shall be under the age of
sixteen (16) years.
(3) No children under the age of fourteen (14) years shall be
employed to work in any factory or mine, save under conditions
and circumstances regulated by Act of Parliament. Nothing in
this paragraph shall be construed as derogating in any way from
Paragraph (2).
(4) Any arrangement or scheme employed on any farm or other
undertaking, the object or effect of which is to compel the
minor children of an employee to work for or in the interest of
the employer of such employee, shall for the purposes
of Article 9 be deemed to constitute an arrangement or
scheme to compel the performance of forced labour {labor}.
(5) No law authorising preventive detention shall permit
children under the age of sixteen (16) years to be detained.
(1) All persons shall have the right in any part on Namibia to
acquire, own and dispose of all forms of immovable and
movable property
(2) The State or a competent body or organ authorised by law
may expropriate property in the public interest subject to the
payment of just compensation, in accordance with requirements
and procedures to be determined by Act of Parliament.
Administrative bodies and administrative officials shall act fairly
and reasonably and comply with the requirements imposed upon
such bodies and officials by common law and any relevant
legislation, and persons aggrieved by the exercise of such acts
and decisions shall have the right to seek redress before a
competent Court or Tribunal.
Every person shall be entitled to enjoy, practice, profess,
maintain and promote any culture, language, tradition or
religion subject to the terms of this Constitution and further
subject to the condition that the rights protected by this article
do not impinge upon the rights of others or the national interest.
(1) All persons shall have the right to education.
(2) Primary education shall be compulsory and the State shall
provide reasonable facilities to render effective this right for
every resident within Namibia, by establishing and maintaining
State schools at which primary education will be provided free
of charge.
(3) Children shall not be allowed to leave school until they have
completed their primary education or have attained the age of
sixteen (16) years, whichever is the sooner, save in so far as
this may be authorised by Act of Parliament on grounds of
health or other considerations pertaining to the public interest.
(4) All persons shall have the right, at their own expense, to
establish and to maintain private schools, or colleges or other
institutions of tertiary education: provided that:
a) such schools, colleges or institutions of tertiary education are
registered with a Government department in accordance with
any law authorising and regulating such registration;
b) the standards maintained by such schools, colleges or
institutions of tertiary education are not inferior to the standards
maintained in comparable schools, colleges or institutions of
tertiary education funded by the State;
c) no restrictions of whatever nature are imposed with respect
to the admission of pupils based on race, colour {color} or
creed;
d) no restrictions of whatever nature are imposed with respect
to the recruitment of staff based on race or colour {color}.
(1) All persons shall have the right to:
a) freedom of speech and expression
b) freedom of thought, conscience and belief
c) freedom to practice any religion
d) assemble peaceably and without arms;
e) freedom of association, which shall include freedom to form
and join associations or unions, including trade unions and
political parties;
f) withhold their labour {labor} without being exposed to
criminal penalties;
g) move freely throughout Namibia;
h) reside and settle in any part of Namibia;
i) leave and return to Namibia;
j) practice any profession, or carry on any occupation, trade or
business.
(2) The fundamental freedoms referred to in Paragraph (1) shall
be exercised subject to the law of Namibia, in so far as such
law imposes reasonable restrictions on the exercise of the rights
and freedoms conferred by the said Paragraph, which are
necessary in a democratic society and are required in the
interests of the sovereignty and integrity of Namibia, national
security, public order, decency or morality, or in relation to
contempt of court, defamation or incitement to an offence.
Whenever or wherever in terms of this Constitution the
limitation
a) be of general application, shall not negate the essential
content, and shall not be aimed at a particular
individual;
b) specify the ascertainable extent of such limitation and
identify the article or articles on which authority to enact such
limitation is claimed to rest.
(1) The practice of racial discrimination and the practice and
ideology of apartheid from which the majority of the people of
Namibia have suffered for so long shall be prohibited and by
Act of Parliament such practices, and the propagation of such
practices, may be rendered criminally punishable by the
ordinary Courts by means of such punishment as Parliament
deems necessary for the purposes of expressing the revulsion of
the Namibian people at such practices.
(2) Nothing contained in Article 10 shall prevent
Parliament from enacting legislation providing directly or
indirectly for the advancement of persons within Namibia who
have been socially, economically or educationally disadvantaged
by past discriminatory laws or practices, or for the
implementation of policies and programmes aimed at redressing
social, economic or educational imbalances in the Namibian
society arising out of past discriminatory laws or practices, or
for achieving a balanced structuring of the public service, the
police force, the defence force, and the prison service.
(3) In the enactment of legislation and the application of any
policies and practices contemplated by Paragraph (2), it shall be
permissible to have regard to the fact that women in Namibia
have traditionally suffered special discrimination and that they
need to be encouraged and enabled to play a full, equal and
effective role in the political, social, economic and cultural life
of the nation.
(1) Nothing contained in or done under the authority
of Article 26 shall be held to be inconsistent with or in
contravention of this Constitution to the extent that it authorises
the taking of measures during any period when Namibia is in a
state of national defence or any period when a declaration of
emergency under this Constitution is in force.
(2) Where any persons are detained by virtue of such
authorization as is referred to in Paragraph (1), the following
provisions shall apply:
a) they shall, as soon as reasonably practicable and in any case
not more than five (5) days after the commencement of their
detention, be furnished with a statement in writing in a
language that they understand specifying in detail the grounds
upon which they are detained and, at their request, this
statement shall be read to them;
b) not more than fourteen (14) days after the commencement of
their detention, be furnished with a statement in writing in a
language that they understand specifying in detail the grounds
upon which they are detained and, at their request, this
statement shall be read to them;
c) not more than one (1) month after the commencement of
their detention and thereafter during their detention at intervals
of not more than three (3) months, their cases shall be reviewed
by the Advisory Board referred to in Article 26 (5)(c),
which shall order their release from detention if it is satisfied
that it is not reasonably necessary for the purposes of the
emergency to continue the detention of such persons;
d) they shall be afforded such opportunity for the making of
representations as may be desirable or expedient in the
circumstances, having regard to the public interest and the
interests of the detained persons.
(3) Nothing contained in this article shall permit a derogation
from or suspension of the fundamental rights or freedoms
referred to in Articles 5, 6, 8, 9, 10, 12, 14, 15, 18, 19
and 21 (1)(a), (b), (c), and (e), or the denial of access by any
persons to legal practitioners or a Court of law.
(1) Save in so far as it may be authorised to do so by this
Constitution, Parliament or any subordinate legislative authority
shall not make any law, and the Executive and the agencies of
Government shall not take any action which abolishes or
abridges the fundamental rights and freedoms conferred by this
chapter, and any law or action in contravention thereof shall to
the extent of the contravention be invalid; provided that:
a) a competent Court, instead of declaring such law or action to
be invalid, shall have the power and the discretion in an
appropriate case to allow Parliament, any subordinate legislative
authority, or the Executive and the agencies of Government, as
the case may be, to correct any defect in the impugned law or
action within a specified period, subject to such conditions as
may be specified by it. In such event and until such correction,
or until the expiry of the time limit set by the Court, whichever
be the shorter, such impugned law or action shall be deemed to
be valid;
b) any law which was in force immediately before the date of
Independence shall remain in force until amended, repealed or
declared unconstitutional, it may either set aside the law, or
allow Parliament to correct any defect in such law, in which
event the provisions of Paragraph (a) shall apply.
(2) Aggrieved persons who claim that a fundamental right or
freedom guaranteed by this Constitution has been infringed or
threatened shall be entitled to approach a competent Court to
enforce or protect such a right or freedom, and may approach
the Ombudsman to provide them with such legal assistance or
advice as they require, and the Ombudsman shall have the
discretion in response thereto to provide such legal or other
assistance as he or she may consider expedient.
(3) Subject to the provisions of this Constitution, the Court
referred to in Paragraph (2) shall have the power to make all
such orders as shall be necessary and appropriate to secure such
applicants the enjoyment of the rights of freedoms conferred on
them under the provisions of this Constitution, should the Court
come to the conclusion that such rights or freedoms have been
unlawfully denied or violated, or that grounds exist for the
protection of such rights or freedoms by interdict.
(4) The power of the Court shall include the power to award
monetary compensation in respect of any damage suffered by
the aggrieved persons in consequence of such unlawful denial
or violation of their fundamental rights and freedoms, where it
considers such an award to be appropriate in the circumstances
of particular cases.
Chapter IV Public Emergency, State of National Defence and Martial Law
(1) At a time of national disaster or during a state of national
defence or public emergency threatening the life of the nation
or the constitutional order, the President may by Proclamation
in the Gazette declare that a state of emergency exists in
Namibia or any part thereof.
(2) A declaration under Paragraph (1), if not sooner revoked,
shall cease to have effect:
a) in the case of a declaration made when the National
Assembly is sitting or has been summoned to meet, at the
expiration of a period of seven (7) days after publication of the
declaration; or
b) in any other case, at the expiration of a period of thirty (30)
days after publication of the declaration;
unless before the expiration of that period, it is approved by a
resolution passed by the National Assembly by a two-thirds
majority of all its members.
(3) Subject to the provisions of Paragraph (4), a declaration
approved by a resolution of the National Assembly under
Paragraph (2) shall continue to be in force until the expiration
of a period of six (6) months after being so approved or until
such earlier date as may be specified in the resolution: provided
that the National Assembly may, by resolution by a two-thirds
majority of all its members, extend its approval of the
declaration for periods of not more than six (6) months at a
time.
(4) The National Assembly may by resolution at any time
revoke a declaration approved by it in terms of this article.
(5)(a) During a state of emergency in terms of this article or
when a state of national defence prevails, the President shall
have the power by Proclamation to make such regulations as in
his or her opinion are necessary for the protection of national
security, public safety and the maintenance of law and order.
(b) The powers of the President to make such regulations shall
include the power to suspend the operation of any rule of the
common law or statute or any fundamental right or freedom
protected by this Constitution, for such period and subject to
such conditions as are reasonably justifiable for the purpose of
dealing with the situation which has given rise to the
emergency: provided that nothing in this paragraph shall enable
the President to act contrary to the provisions
of Article 24.
(c) Where any regulation made under Paragraph (b) provides
for detention without trial, provision shall also be made for an
Advisory Board, to be appointed by the President on the
recommendation of the Judicial Service Commission, and
consisting of no more than five (5) persons, of whom no fewer
than three (3) persons shall be Judges of the Supreme Court or
the High Court or qualified to be such. The Advisory Board
shall perform the function set out in Article 24 (2)(c).
(6) Any regulations made by the President pursuant to the
provisions of Paragraph (5) shall cease to have legal force if
they have not been approved by a resolution of the National
Assembly within fourteen (14) days from the date when the
National Assembly first sits in session after the date of the
commencement of any such regulations.
(7) The President shall have the power to proclaim or terminate
martial law. Martial law may be proclaimed only when a state
of national defence involving another country exists or when
civil war prevails in Namibia: provided that any proclamation
of martial law shall cease to be valid if it is not approved within
a reasonable time by a resolution passed by a two-third majority
of all the members of the National Assembly.
Chapter V The President
(1) The President shall be the Head of State
(2) The executive power of the Republic of Namibia shall vest
in the President and the Cabinet.
(3) Except as may be otherwise provided in this Constitution or
by law, the President shall in the exercise of her functions be
obliged to act in consultation with the Cabinet.
(1) The President shall be elected in accordance with the
provisions of this Constitution and subject thereto.
(2) Election of the President shall be:
a) by direct, universal and equal suffrage; and
b) conducted in accordance with principles and procedures to be
determined by Act of Parliament: provided that no person shall
be elected as President unless he or she received more than
fifty (50) per cent of the votes cast and the necessary number of
ballots shall be conducted until result is reached.
(3) Every citizen of Namibia by birth of descent, over the age
of thirty-five (35) years, and who is eligible to be elected to
office as a member of the National Assembly shall be eligible
for election as President.
(4) The procedures to be followed for the nomination of
candidates for election as President, and for all matters
necessary and incidental to ensure the free, fair and effective
election of a President, shall be determined by Act of
Parliament: provided that any registered political party shall be
entitled to nominate a candidate, and any person supported by a
minimum number of registered voters to be determined by Act
of Parliament shall also be entitled to be nominated as a
candidate.
(1)(a) The President's term of office shall be five (5) years
unless he or she dies or resigns before the expiry of the said
term or is removed from office.
(b) In the event of the dissolution of the National Assembly in
the circumstances provided for under Article 57 (1), the
President's term of office shall also expire.
(2) A President shall be removed from office if a two-thirds
majority of all the members of the National Assembly,
confirmed by a two-thirds majority of all the members of the
National Council, adopts a resolution impeaching the President
on the ground that he or she has been guilty of a violation of
the Constitution or guilty of a serious violation of the laws of
the land or otherwise guilty of such gross misconduct or
ineptitude as to render him or her unfit to hold with dignity and
honour {honor} the office of President.
(3) A person shall hold office as President for not more than
two terms.
(4) If a President dies, resigns or is removed from office in
terms of this Constitution, the vacant office of President shall
be filled for the unexpired period thereof as follows:
a) if the vacancy occurs not more than one (1) year before the
date on which Presidential elections are required to be held, the
vacancy shall be filled in accordance with the provisions
of Article 34;
b) if the vacancy occurs not more than one (1) year before the
date on which Presidential elections are required to be held, an
election for the President shall be held in accordance with the
provisions of Article 28 within a period of ninety (90)
days from the date on which the vacancy occurred, and pending
such election the vacant office shall be filled in accordance with
the provisions of Article 34.
(5) If the President dissolves the National Assembly
under Article 32 (3)(a) and 57 (1), a new election
for President shall be held in accordance with the provisions
of Article 28 within ninety (90) days, and pending such
election the President shall remain in office, and the provisions
of Article 58 shall be applicable.
(6) If a person becomes President under Paragraph (4), the
period of time during which he or she holds office consequent
upon such election or succession shall not be regarded as a term
for the purposes of Paragraph (3).
Before formally assuming office, a President-elect shall make
the following oath or affirmation which shall be administered by
the Chief Justice or a Judge designated by the Chief Justice for
this purpose:
"I, ..., do hereby swear/solemnly affirm,
That I will strive to the best of my ability to uphold, protect and
defend as the Supreme Law the Constitution of the Republic of
Namibia, and faithfully to obey, execute and administer the laws
of the Republic of Namibia;
That I will protect the independence, sovereignty, territorial
integrity and the material and spiritual resources of the
Republic of Namibia; and
That I will endeavour {endeavour} to the best of my ability to
ensure justice for all the inhabitants of the Republic of
Namibia.
(In the case of an oath:) So help me God."
(1) No person holding the office of President or performing the
functions of President may be sued in any civil proceedings
save where such proceedings concern an act done in his or her
official capacity as President.
(2) No person holding the office of President shall be charged
with any criminal offence or be amenable to the criminal
jurisdiction of any Court in respect of any act allegedly
performed, or any omission to perform any act, during his or
her tenure of office as President.
(3) After a President has vacated that office:
a) no Court may entertain any action against him or her in any
civil proceedings in respect of any act done in his or her official
capacity as President;
b) a civil or criminal Court shall only have jurisdiction to
entertain proceedings against him or her, in respect of acts of
commission or omission alleged to have been perpetrated in his
or her personal capacity whilst holding office as President, if
Parliament by resolution has removed the President on the
grounds specified in this Constitution and if a resolution is
adopted by Parliament resolving that any such proceedings are
justified in the public interest notwithstanding any damage such
proceedings might cause to the dignity of the office of
President.
(1) As the Head of State, the President shall uphold, protect and
defend the Constitution as the Supreme Law, and shall perform
with dignity and leadership all acts necessary, expedient,
reasonably and incidental to the discharge of the executive
functions of the Government, subject to the overriding terms of
this Constitution and the laws of Namibia, which he or she is
constitutionally obliged to protect, to administer and to execute.
(2) In accordance with the responsibility of the executive branch
of Government to the legislative branch, the President and the
Cabinet shall each year during the consideration of the official
budget attend Parliament. During such session the President
shall address Parliament on the state of the nation and on the
future policies of the Government, shall report on the policies
of the previous year and shall be available to respond to
questions.
(3) Without derogating from the generality of the functions and
powers contemplated by Paragraph (1), the President shall
preside over meetings of the Cabinet and shall have the power,
subject to this Constitution to:
a) dissolve the National Assembly by Proclamation in the
circumstances provided for in Article 57 (1);
b) determine the times for the holding of special sessions of the
National Assembly, and to prorogue such sessions;
c) accredit, receive and recognise ambassadors, and to appoint
ambassadors, plenipotentiaries, diplomatic representatives and
other diplomatic officers, consuls and consular officers;
d) pardon or reprieve offenders, either unconditionally or
subject to such conditions as the President may deem
fit;
e) negotiate and sign international agreements, and to delegate
such power;
f) declare martial law or, if it is necessary for the defence of
the nation, declare that a state of national defence exists:
provided that this power shall be exercised subject to the terms
of Article 26 (7);
g) establish and dissolve such Government departments and
ministries as the President may at any time consider to be
necessary or expedient for the good government of
Namibia;
h) confer such honours {honors} as the President considers
appropriate on citizens, residents and friends of Namibia in
consultation with interested and relevant persons and
institutions;
i) appoint the following persons:
aa) the Prime Minister;
bb) Ministers and Deputy-Ministers;
cc) the Attorney-General;
dd) the Director-General of Planning;
ee) any other person or persons who are required by any other
provision of this Constitution or any other law to be appointed
by the President.
(4) The President shall also have the power, subject to this
Constitution, to appoint:
a) on the recommendation of the Judicial Service
Commission:
aa) the Chief Justice, the Judge-President of the High Court and
other Judges of the Supreme Court and the High Court;
bb) the Ombudsman;
cc) the Prosecutor-General;
b) on the recommendation of the Public Service
Commission:
aa) the Auditor-General;
bb) the Governor and the Deputy-Governor of the Central
Bank;
c) on the recommendation of the Security Commission:
aa) the Chief of the Defence Force;
bb) the Inspector-General of Police;
cc) the Commissioner of Prisons.
(5) Subject to the provisions of this Constitution dealing with
the signing of any laws passed by Parliament and the
promulgation and publication of such laws in the Gazette, the
President shall have the power to:
a) sign and promulgate any Proclamation which by law he or
she is entitled to proclaim as President;
b) initiate, in so far as he or she considers it necessary and
expedient, laws for submission to and consideration by the
National Assembly;
c) appoint as members of the National Assembly but without
any vote therein, not more than six (6) persons by virtue of
their special expertise, status, skill or experience.
(6) Subject to the provisions of this Constitution or any other
law, any person appointed by the President pursuant to the
powers vested in him or her by this Constitution or any other
law may be removed by the President by the same process
through which such person was appointed.
(7) Subject to the provisions of this Constitution and of any
other law of application in this matter, the President may, in
consultation with the Cabinet and on the recommendation of the
Public Service Commission:
a) constitute any office in the public service of Namibia not
otherwise provided for by any other law;
b) appoint any person to such office;
c) determine the tenure of any person so appointed as well as
the terms and conditions of his or her service.
(8) All appointments made and actions taken under
Paragraph (3), (4), (5), (6) and (7) shall be announced by the
President by Proclamation in the Gazette.
(9) Subject to the provisions of this Constitution and save where
this Constitution otherwise provides, any action taken by the
President pursuant to any power vested in the President by the
terms of this article shall be capable of being reviewed,
reversed or corrected on such terms as are deemed expedient
and proper should there be a resolution proposed by at least
one-third of all the members of the National Assembly and
passed by a two-thirds majority of all the members of the
National Assembly disapproving any such action and resolving
to review, reverse or correct it.
(10) Notwithstanding the review, reversal or correction of any
action in terms of Paragraph (9), all actions performed pursuant
to any such action during the period preceding such review,
reversal or correction shall be deemed to be valid and effective
in law, until and unless Parliament otherwise enacts.
Provision shall be made by Act of Parliament for the payment
out of the State Revenue Fund of remuneration and allowances
for the President, as well as for the payment of pensions to
former Presidents and, in the case of their deaths, to their
surviving spouses.
(1) If the office of President becomes vacant or if the President
is otherwise unable to fulfil the duties of the office, the
following persons shall in the order provided for in this
paragraph act as President for the unexpired portion of the
President's term of office or until the President is able to
resume office, whichever is the earlier:
a) the Prime Minister;
b) the Deputy-Prime Minister;
c) a person appointed by the Cabinet.
(2) Where it is regarded as necessary or expedient that a person
deputise for the President because of a temporary absence from
the country or because of pressure of work, the President shall
be entitled to nominate any person enumerated in Paragraph (1)
to deputise for him or her in respect of such specific occasions
or such specific matters and for such specific periods as in his
or her discretion may be considered wise and expedient, subject
to consultation with the Cabinet.
Chapter VI The Cabinet
(1) The Cabinet
(2) The President may also appoint a Deputy-Prime Minister to
perform such functions as may be assigned to him or her by the
President of the Prime Minister.
(3) The President or, in his or her absence, the Prime Minister
or other Minister designated for this purpose by the President,
shall preside at meetings of the Cabinet.
The Prime Minister shall be the leader of Government business
in Parliament, shall co-ordinate the work of the Cabinet and
shall advise and assist the President in the execution of the
functions of Government.
The President may appoint from the members of the National
Assembly, including members nominated
under Article 46 (1)(b), and the National Council such
Deputy-Ministers as he or she may consider expedient, to
exercise of perform on behalf of Ministers any of the powers,
functions and duties which may have been assigned to such
Ministers.
Before assuming office, a Minister or Deputy-Minister shall
make and subscribe to an oath or solemn affirmation before the
President or a person designated by the President for this
purpose, in the terms set out in Schedule 2.
The President shall be obliged to terminate the appointment of
any member of the Cabinet, if the National Assembly by a
majority of all its members resolves that it has no confidence in
that member.
The members of the Cabinet shall have the following
functions:
a) to direct, co-ordinate and supervise the activities of
Ministries and Government departments including para-statal
enterprises, and to review and advise the President and the
National Assembly on the desirability and wisdom of any
prevailing subordinate legislation, regulations or orders
pertaining to such para-statal enterprises, regard being had to
the public interest;
b) to initiate bills for submission to the National
Assembly;
c) to formulate, explain and assess for the National Assembly
the budget of the State and its economic development plans and
to report to the National Assembly thereon;
d) to carry out such other functions as are assigned to them by
law or are incidental to such assignment;
e) to attend meetings of the National Assembly and to be
available for the purposes of any queries and debates pertaining
to the legitimacy, wisdom, effectiveness and direction of
Government policies;
f) to take such steps as are authorised by law to establish such
economic organisations {organizations}, institutions and para###statal enterprises on behalf of the State as are directed or
authorised by law;
g) to formulate, explain and analyze for the members of the
National Assembly the goals of Namibian foreign policy and its
relations with other States and to report to the National
Assembly thereon;
h) to formulate, explain and analyze for the members of the
National Assembly the directions and content of foreign trade
policy and to report to the National Assembly thereon;
i) to assist the President in determining what international
agreements are to be concluded, acceded to or succeeded to and
to report to the National Assembly thereon;
j) to advise the President on the state of national defence and
the maintenance of law and order and to inform the National
Assembly thereon;
k) to issue notices, instructions and directives to facilitate the
implementation and administration of laws administered by the
Executive, subject to the terms of this Constitution or any other
law;
l) to remain vigilant and vigorous for the purposes of ensuring
that the scourges of apartheid, tribalism and colonialism do not
again manifest themselves in any form in a free and
independent Namibia and to protect and assist disadvantaged
citizens of Namibia who have historically been the victims of
these pathologies.
All Ministers shall be accountable individually for the
administration of their own Ministries and collectively for the
administration of the work of the Cabinet, both to the President
and to Parliament.
(1) During their tenure of office as members of the Cabinet,
Ministers may not take up any other paid employment, engage
in activities inconsistent with the positions as Ministers, or
expose themselves to any situation which carries with it the risk
of a conflict developing between their interests as Ministers and
their private interests.
(2) No members of the Cabinet shall use their positions as such
or use information entrusted to them confidentially as such
members of the Cabinet, directly or indirectly to enrich
themselves.
(1) There shall be a Secretary to the Cabinet who shall be
appointed by the President and who shall perform such
functions as may be determined by law and such functions as
are from time to time assigned to the Secretary by the President
or the Prime Minister. Upon appointment by the President, the
Secretary shall be deemed to have been appointed to such office
on the recommendation of the Public Service Commission.
(2) The Secretary to the Cabinet shall also serve as a depository
of the records, minutes and related documents of the Cabinet.
Chapter VII The National Assembly
The legislative power of Namibia shall be vested in the National
Assembly
The members of the National Assembly shall be representative
of all the people and shall in the performance of their duties be
guided by the objectives of this Constitution, by the public
interest and by their conscience.
(1) The composition of the National Assembly shall be as
follows:
a) seventy-two (72) members to be elected by the registered
voters by general, direct and secret ballot. Every Namibian
citizen who has the qualifications described in Article 17
shall be entitled to vote in the elections for members of the
National Assembly and, subject to Article 47, shall be
eligible for candidature as a member of the National
Assembly;
b) not more than six (6) persons appointed by the President
under Article 32 (5)(c), by virtue of their special
expertise, status, skill or experience: provided that such
members shall have no vote in the National Assembly, and shall
not be taken into account for the purpose of determining any
specific majorities that are required under this Constitution or
any other law.
(2) Subject to the principles referred to in Article 49, the
members of the National Assembly referred to in
Paragraph (1)(a) shall be elected in accordance with procedures
to be determined by Act of Parliament.
(1) No persons may become members of the National Assembly
if they:
a) have at any time after Independence been convicted of any
offence in Namibia, or outside Namibia if such conduct would
have constituted an offence within Namibia, and for which they
have been sentenced to death or to imprisonment of more than
twelve (12) months without the option of a fine, unless they
have received a free pardon or unless such imprisonment has
expired at least ten (10) years before the date of their election;
or
b) have at any time prior to Independence been convicted of an
offence, if such conduct would have constituted an offence
within Namibia after Independence, and for which they have
been sentenced to death or to imprisonment of more than
twelve (12) months without the option of a fine, unless they
have received a free pardon or unless such imprisonment has
expired at least ten (10) years before the date of their election:
provided that no person sentenced to death or imprisonment for
acts committed in connection with the struggle for the
independence of Namibia shall be disqualified under this
paragraph from being elected as a member of the National
Assembly; or
c) are unrehabilitated insolvents; or
d) are of unsound mind and have been so declared by a
competent Court; or
e) are remunerated members of the public service of Namibia;
or
f) are members of the National Council, Regional Councils or
Local Authorities.
(2) For the purpose of Paragraph (1):
a) no person shall be considered as having been convicted by
any Court until any appeal which might have been noted against
the conviction or sentence has been determined, or the time for
noting an appeal against such conviction has expired;
b) the public service shall be deemed to include the defence
force, the police force, the prison service, para-statal
enterprises, Regional Councils and Local Authorities.
(1) Members of the National Assembly shall vacate their
seats:
a) if they cease to have the qualifications which rendered them
eligible to be members of the National Assembly;
b) if the political party which nominated them to sit in the
National Assembly informs the Speaker that such members are
no longer members of such political party;
c) if they resign their seats in writing addressed to the
Speaker;
d) if they are removed by the National Assembly pursuant to its
rules and standing orders permitting or requiring such removal
for good and sufficient reasons;
e) if they are absent during sittings of the National Assembly
for ten (10) consecutive sitting days, without having obtained
the special leave of the National Assembly on grounds specified
in its rules and standing orders.
(2) If the seat of a member of the National Assembly is vacated
in terms of Paragraph (1), the political party which nominated
such member to sit in the National Assembly shall be entitled to
fill the vacancy by nominating any person on the party's
election list compiled for the previous general election, or if
there be no such person, by nominating any member of the
party.
The election of members in terms of Article 46 (1)(a)
shall be on party lists and in accordance with the principles of
proportional representation as set out in Schedule 4.
Every National Assembly shall continue for a maximum period
of five (5) years, but it may before the expiry of its term be
dissolved by the President by Proclamation as provided for
in Article 32 (3)(a) and 57 (1).
(1) At the first sitting of a newly elected National Assembly,
the National Assembly, with the Secretary acting as
Chairperson, shall elect a member as Speaker. The National
Assembly shall then elect another member as Deputy-Speaker.
the Deputy-Speaker shall act as Speaker whenever the Speaker
is not available.
(2) The Speaker or Deputy-Speaker shall cease to hold office if
he or she ceases to be a member of the National Assembly. The
Speaker or Deputy-Speaker may be removed from office by
resolution of the National Assembly, and may resign from
office or from the National Assembly in writing addressed to
the Secretary of the National Assembly.
(3) When the office of Speaker or Deputy-Speaker becomes
vacant the National Assembly shall elect a member to fill the
vacancy.
(4) When neither the Speaker nor the Deputy-Speaker is
available for duty, the National Assembly, with the Secretary
acting as Chairperson, shall elect a member to act as Speaker.
(1) Subject to the provisions of the laws pertaining to the public
service and the directives of the National Assembly, the
Speaker shall appoint a person (or designate a person in the
public service made available for that purpose), as the Secretary
of the National Assembly, who shall perform the functions and
duties assigned to such Secretary by this Constitution or by the
Speaker.
(2) Subject to the laws governing the control of public monies,
the Secretary shall perform his or her functions and duties
under the control of the Speaker.
(3) The Secretary shall be assisted by officers of the National
Assembly who shall be persons in the public service made
available for that purpose.
The presence of at least thirty-seven (37) members of the
National Assembly entitled to vote, other than the Speaker or
the presiding member, shall be necessary to constitute a meeting
of the National Assembly for the exercise of its powers and the
performance of its functions.
In the case of an equality of votes in the National Assembly,
the Speaker or the Deputy-Speaker or the presiding member
shall have and may exercise a casting vote.
Every member of the National Assembly shall make and
subscribe to an oath or solemn affirmation before the Chief
Justice or a Judge designated by the Chief Justice for this
purpose, in the terms set out in Schedule 3.
(1) Every bill passed by Parliament in terms of this Constitution
in order to acquire the status of an Act of Parliament shall
require the assent of the President to be signified by the signing
of the bill and the publication of the Act in the Gazette.
(2) Where a bill is passed by a majority of two-thirds of all the
members of the National Assembly and has been confirmed by
the National Council the President shall be obliged to give his
or her assent thereto.
(3) Where a bill is passed by a majority of the members of the
National Assembly but such majority consists of less than two-
thirds of all the members of the National Assembly and has
been confirmed by the National Council, but the President
declines to assent to such bill, the President shall communicate
such dissent to the Speaker.
(4) If the President has declined to assent to a bill under
Paragraph (3), the National Assembly may reconsider the bill
and, if it so decides, pass the bill in the form in which it was
referred back to it, or in an amended form or it may decline to
pass the bill. Should the bill then be passed by a majority of the
National Assembly it will not require further confirmation by
the National Council but, if the majority consists of less than
two-thirds of all the members of the National Assembly, the
President shall retain his or her power to withhold assent to the
bill. If the President elects not to assent to the bill, it shall then
lapse.
(1) The National Assembly may be dissolved by the President
on the advice of the Cabinet if the Government is unable to
govern effectively.
(2) Should the National Assembly be dissolved a national
election for a new National Assembly and a new President shall
take place within a period of ninety (90) days from the date of
such dissolution.
Notwithstanding the provisions of Article 57:
a) every person who at the date of its dissolution was a member
of the National Assembly shall remain a member of the
National Assembly and remain competent to perform the
functions of a member until the day immediately preceding the
first polling day for the election held in pursuance of such
dissolution;
b) the President shall have power to summon Parliament for the
conduct of business during the period following such
dissolution, up to and including the day immediately preceding
the first polling day for the election held in pursuance of such
dissolution, in the same manner and in all respects as if the
dissolution had not occurred.
(1) The National Assembly may make such rules of procedure
for the conduct of its business and proceedings and may also
make such rules for the establishing, functioning and procedures
of committees, and formulate such standing orders, as may
appear to it to be expedient or necessary.
(2) The National Assembly shall in its rules of procedure make
provision for such disclosure as may be considered to be
appropriate in regard to the financial or business affairs of its
members.
(3) For the purpose of exercising its powers and performing its
functions any committee of the National Assembly established
in terms of Paragraph (1) shall have the power to subpoena
persons to appear before it to give evidence on oath and to
produce any documents required by it.
(1) The duties of the members of the National Assembly shall
include the following:
a) all members of the National Assembly shall maintain the
dignity and image of the National Assembly both during the
sittings of the National Assembly as well as in their acts and
activities outside the National Assembly;
b) all members of the National Assembly shall regard
themselves as servants of the people of Namibia and desist from
any conduct by which they seek improperly to enrich
themselves or alienate themselves from the people.
(2) A private members' bill may be introduced in the National
Assembly if supported by one-third of all the members of the
National Assembly.
(3) Rules providing for the privileges and immunities of
members of the National Assembly shall be made by Act of
Parliament and all members shall be entitled to the protection of
such privileges and immunities.
(1) Save as provided in Paragraph (2), all meetings of the
National Assembly shall be held in public and members of the
public shall have access to such meetings.
(2) Access by members of the public in terms of Paragraph (1)
may be denied if the National Assembly adopts a motion
supported by two-thirds of all its members excluding such
access to members of the public for specified periods or in
respect of specified matters. Such a motion shall only be
considered if it is supported by at least one-tenth of all the
members of the National Assembly and the debate on such
motion shall not be open to members of the public.
(1) The National Assembly shall sit:
a) at its usual place of sitting determined by the National
Assembly, unless the Speaker directs otherwise on the grounds
of public interest, security or convenience;
b) for at least two (2) sessions during each year, to commence
and terminate on such dates as the National Assembly from
time to time determines;
c) for such special sessions as directed by Proclamation by the
President from time to time.
(2) During such sessions the National Assembly shall sit on
such days and during such times of the day or night as the
National Assembly by its rules and standing orders may
provide.
(3) The day of commencement of any session of the National
Assembly may be altered by Proclamation by the President, if
the President is requested to do so by the Speaker on grounds
of public interest or convenience.
(1) The National Assembly, as the principal legislative
(2) The National Assembly shall further have the power and
function, subject to this Constitution:
a) to approve budgets
b) to provided for revenue and taxation;
c) to take such steps as it considers expedient to uphold and
defend this Constitution and the laws of Namibia and to
advance the objectives of Namibian independence;
d) to consider and decide whether or not to succeed to such
international agreements as may have been entered into prior to
Independence by administrations within Namibia in which the
majority of the Namibian people have historically not enjoyed
democratic representation and participation;
e) to agree to the ratification of or accession to international
agreements which have been negotiated and signed in terms
of Article 32 (3)(e);
f) to receive reports on the activities of the Executive, including
para-statal enterprises, and from time to time to require any
senior official to appear before any of the committees of the
National Assembly to account for and explain his or her acts
and programmes;
g) to initiate, approve or decide to hold a referendum
h) to debate and to advise the President in regard to any matters
which by this Constitution the President is authorised to deal
with;
i) to remain vigilant and vigorous for the purpose of ensuring
that the scourges of apartheid, tribalism and colonialism do not
again manifest themselves in any form in a free and
independent Namibia and to protect and assist disadvantaged
citizens of Namibia who have historically been the victims of
these pathologies;
j) generally to exercise any other functions and powers assigned
to it by this Constitution or any other law and any other
functions incidental thereto.
(1) Subject to the provisions of this Constitution, the President
shall be entitled to withhold his or her assent to a bill approved
by the National Assembly if in the President's opinion such bill
would upon adoption conflict with the provisions of this
Constitution.
(2) Should the President withhold assent on the grounds of such
opinion, he or she shall so inform the Speaker who shall inform
the National Assembly thereof, and the Attorney-General, who
may then take appropriate steps to have the matter decided by a
competent Court.
(3) Should such Court thereafter conclude that such bill is not in
conflict with the provisions of this Constitution, the President
shall assent to the said bill if it was passed by the National
Assembly by a two-thirds majority of all its members. If the bill
was not passed with such majority, the President may withhold
his or her assent to the bill, in which event the provisions
of Article 56 (3) and (4) shall apply.
(4) Should such Court conclude that the disputed bill would be
in conflict with any provisions of this Constitution, the said bill
shall be deemed to have lapsed and the President shall not be
entitled to assent thereto.
(1) When any bill has become an Act of Parliament as a result
of its having been passed by Parliament, signed by the President
and published in the Gazette, the Secretary of the National
Assembly shall promptly cause two (2) fair copies of such Act
in the English language to be enrolled in the office of the
Registrar of the Supreme Court and such copies shall be
conclusive evidence of the provisions of the Act.
(2) The public shall have the right of access to such copies
subject to such regulations as may be prescribed by Parliament
to protect the durability of the said copies and the convenience
of the Registrar's staff.
(1) Both the customary law and the common law of Namibia in
force on the date of Independence shall remain valid to the
extent to which such customary or common law does not
conflict with this Constitution or any other statutory law.
(2) Subject to the terms of this Constitution, any part of such
common law or customary law may be repealed or modified by
Act of Parliament, and the application thereof may be confined
to particular parts of Namibia or to particular periods.
Save as provided in this Constitution, a simple majority of votes
cast in the National Assembly shall be sufficient for the passage
of any bill or resolution of the National Assembly.
Chapter VIII The National Council
There shall be a National Council which shall have the powers
and functions set out in this Constitution.
(1) The National Council shall consist of two (2) members from
each region referred to in Article 102, to be elected from
amongst their members by the Regional Council for such
region.
(2) The elections of members of the National Council shall be
conducted according to procedures to be prescribed by Act of
Parliament.
(1) Members of the National Council shall hold their seats for
six (6) years from the date of their election and shall be eligible
for re-election.
(2) When a seat of a member of the National Council becomes
vacant through death, resignation or disqualification, an election
for a successor to occupy the vacant seat until the expiry of the
predecessor's term of office shall be held, except in the instance
where such vacancy arises less than six (6) months before the
expiry of the term of the National Council, in which instance
such vacancy need not be filled. Such election shall be held in
accordance with the procedures prescribed by the Act of
Parliament referred to in Article 69 (2).
Every member of the National Council shall make and
subscribe to an oath or solemn affirmation before the Chief
Justice, or a Judge designated by the Chief Justice for this
purpose, in the terms set out in Schedule 3.
No person shall be qualified to be a member of the National
Council if he or she is an elected member of a Local Authority,
and unless he or she is qualified under Article 47 (1)(a)
to (e) to be a member of the National Assembly
The National Council shall, before proceeding to the dispatch of
any other business, elect from its members a Chairperson and a
Vice-Chairperson. The Chairperson, or in his or her absence
the Vice-Chairperson, shall preside over sessions of the
National Council. Should neither the Chairperson nor the Vice-
Chairperson be present at any session, the National Council
shall elect from amongst its members a person to act as
Chairperson in their absence during that session.
(1) The National Council shall have the power to:
a) consider in terms of Article 75 all bills passed by the
National Assembly;
b) investigate and report to the National Assembly on any
subordinate legislation, reports and documents which under law
must be tabled in the National Assembly and which are referred
to it by the National Assembly for advice;
c) recommend legislation on matters of regional concern for
submission to and consideration by the National
Assembly;
d) perform any other functions assigned to it by the National
Assembly or by an Act of Parliament.
(2) The National Council shall have the power to establish
committees and to adopt its own rules and procedures for the
exercise of its powers and the performance of its functions. A
committee of the National Council shall be entitled to conduct
all such hearings and collect such evidence as it considers
necessary for the exercise of the National Council's powers of
review and investigations, and for such purposes shall have the
powers referred to in Article 59 (3).
(3) The National Council shall in its rules of procedure make
provision for such disclosure as may be considered to be
appropriate in regard to the financial or business affairs of its
members.
(4) The duties of the members of the National Council shall
include the following:
a) all members of the National Council shall maintain the
dignity and image of the National Council both during the
sittings of the National Council as well as in their acts and
activities outside the National Council;
b) all members of the National Council shall regard themselves
as servants of the people of Namibia and desist from any
conduct by which they seek improperly to enrich themselves or
alienate themselves from the people.
(5) Rules providing for the privileges and immunities of
members of the National Council shall be made by Act of
Parliament and all members shall be entitled to the protection of
such privileges and immunities.
(1) All bills passed by the National Assembly shall be referred
by the Speaker to the National Council.
(2) The National Council shall consider bills referred to it under
Paragraph (1) and shall submit reports thereon with its
recommendations to the Speaker.
(3) If in its report to the Speaker the National Council confirms
a bill, the Speaker shall refer it to the President to enable the
President to deal with it under Articles 56 and 64.
(4)
(a) If the National Council in its report to the
Speaker recommends that the bill be passed subject to
amendments proposed by it, such bill shall be referred by the
Speaker back to the National Assembly.
(b) If a bill is referred back to the National Assembly under
Paragraph (a), the National Assembly may reconsider the bill
and may make any amendments thereto, whether proposed by
the National Council or not. If the bill is again passed by the
National Assembly, whether in the form in which it was
originally passed, or in an amended form, the bill shall not
again be referred to the National Council, but shall be referred
by the Speaker to the President to enable it to be dealt with
under Article 56 and 64.
(5)
(a) If a majority of two-thirds of all the members of
the National Council objects to the principle of a bill, this shall
be mentioned in its report to the Speaker. In that event, the
report shall also indicate whether or not the National Council
proposes that amendments be made to the bill, if the principle
of the bill is confirmed by the National Assembly under
Paragraph (b), and if amendments are proposed, details thereof
shall be set out in the report.
(b) If the National Council in its report to the principle of the
bill, the National Assembly shall be required to reconsider the
principle. If upon such reconsideration the National Assembly
reaffirms the principle of the bill by a majority of two-thirds of
all its members, the principle of the bill shall no longer be an
issue. If such two-thirds majority is not obtained in the National
Assembly, the bill shall lapse.
(6)
(a) If the National Assembly reaffirms the principle
of the bill under Paragraph 5(b) by a majority of two-thirds of
all its members, and the report of the National Council
proposed that in such event amendments be made to the bill, the
National Assembly shall then deal with the amendments
proposed by the National Council, and in that event the
provisions of Paragraph 4(b) shall apply mutatis mutandis.
(b) If the National Assembly reaffirms the principle of the bill
under Paragraph 5(b) by a majority of two-thirds of all its
members, and the report of the National Council did not
propose that in such event amendments be made to the bill, the
National Council shall be deemed to have confirmed the bill,
and the Speaker shall refer the bill to the President to be dealt
with under Articles 56 and 64.
(7) Paragraphs (5) and (6) shall not apply to bills dealing with
the levying of taxes or the appropriation of public monies.
(8) The National Council shall report to the Speaker on all bills
dealing with the levying of taxes or appropriations of public
monies within thirty (30) days of the date on which such bills
were referred to it by the Speaker, and on all other bills within
three (3) months of the date of referral by the Speaker, failing
which the National Council will be deemed to have confirmed
such bills and the Speaker shall then refer them promptly to the
President to enable the President to deal with the bills
under Articles 56 and 64.
(9) If the President withholds his or her assent to any bill
under Article 59 and the bill is then dealt with in terms
of that article, and is again passed by the National Assembly in
the form in which it was originally passed or in an amended
from, such bill shall not again be referred to the National
Council, but shall be referred by the Speaker directly to the
President to enable the bill to be dealt with in terms of Articles
56 and 64.
The presence of a majority of the members of the National
Council shall be necessary to constitute a meeting of the
National Council for the exercise of its powers and the
performance of its functions.
Save as is otherwise provided in this Constitution, all questions
in the National Council shall be determined by a majority of the
votes cast by members present other than the Chairperson, or in
his or her absence the Vice-Chairperson or the member
presiding at that session, who shall, however, have and may
exercise a casting vote in the case of an equality of votes.
Chapter IX The Administration of Justice
(1) The judicial
a) a Supreme Court of Namibia;
b) a High Court of Namibia;
c) Lower Courts of Namibia.
(2) The Courts shall be independent
(3) No member of the Cabinet or the Legislature or any other
person shall interfere with Judges or judicial officers in the
exercise of their judicial functions, and all organs of the State
shall accord such assistance as the Courts may require to
protect their independence, dignity and effectiveness, subject to
the terms of this Constitution or any other law.
(4) The Supreme Court and the High Court shall have the
inherent jurisdiction which vested in the Supreme Court of
South-West Africa immediately prior to the date of
Independence, including the power to regulate their own
procedures and to make court rules for that purpose.
(1) The Supreme Court
(2) The Supreme Court shall be presided over by the Chief
Justice and shall hear and adjudicate upon appeals emanating
from the High Court, including appeals which involve the
interpretation, implementation and upholding of this
Constitution and the fundamental rights and freedoms
guaranteed thereunder. The Supreme Court shall also deal with
matters referred to it for decision by the Attorney-General
under this Constitution, and with such other matters as may be
authorised by Act of Parliament.
(3) Three (3) Judges shall constitute a quorum of the Supreme
Court when it hears appeals or deals with matters referred to it
by the Attorney-General under this Constitution: provided that
provision may be made by Act of Parliament for a lesser
quorum in circumstances in which a Judge seized of an appeal
dies or becomes unable to act at any time prior to judgment.
(4) The jurisdiction of the Supreme Court with regard to
appeals shall be determined by Act of Parliament.
(1) The High Court shall consist of a Judge-President and such
additional Judges as the President, acting on the
recommendation of the Judicial Service Commission, may
determine.
(2) The High Court shall have original jurisdiction to hear and
adjudicate upon all civil disputes and criminal prosecutions,
including cases which involve the interpretation, implementation
and upholding of this Constitution and the fundamental rights
and freedoms guaranteed thereunder. The High Court shall also
have jurisdiction to hear and adjudicate upon appeals from
Lower Courts.
(3) The jurisdiction of the High Court with regard to appeals
shall be determined by Act of Parliament.
A decision of the Supreme Court shall be binding on all other
Courts of Namibia and all persons in Namibia unless it is
reversed by the Supreme Court itself, or is contradicted by an
Act of Parliament lawfully enacted.
(1) All appointments of Judges to the Supreme Court and the
High Court shall be made by the President on the
recommendation of the Judicial Service Commission and upon
appointment Judges shall make an oath or affirmation of office
in the terms set out in Schedule 1.
(2) At the request of the Chief Justice the President may appoint
Acting Judges of the Supreme Court to fill casual vacancies in
the Court from time to time, or as ad hoc appointments to sit in
cases involving constitutional issues or the guarantee of
fundamental rights and freedoms, if in the opinion of the Chief
Justice it is desirable that such persons should be appointed to
hear such cases by reason of their special knowledge of or
expertise in such matters.
(3) At the request of the Judge-President, the President may
appoint Acting Judges of the High Court from time to time to
fill casual vacancies in the Court, or to enable the Court to deal
expeditiously with its work.
(4) All Judges, except Acting Judges, appointed under this
Constitution shall hold office until the age of sixty-five (65) but
the President shall be entitled to extend the retiring age of any
Judge to seventy (70). It shall also be possible by Act of
Parliament to make provision for retirement at ages higher than
those specified in this article.
(1) Lower Courts shall be established by Act of Parliament and
shall have the jurisdiction and adopt the procedures prescribed
by such Act and regulations made thereunder.
(2) Lower Courts shall be presided over by Magistrates or other
judicial officers appointed in accordance with procedures
prescribed by Act of Parliament.
(1) A Judge may be removed from office before the expiry of
his or her tenure only by the President acting on the
recommendation of the Judicial Service Commission.
(2) Judges may only be removed from office on the ground of
mental incapacity or for gross misconduct, and in accordance
with the provisions of Paragraph (3).
(3) The Judicial Service Commission shall investigate whether
or not a Judge should be removed from office on such grounds,
and if it decides that the Judge should be removed, it shall
inform the President of its recommendation.
(4) If the deliberations of the Judicial Service Commission
pursuant to this article involve the conduct of a member of the
Judicial Service Commission, such Judicial Service Commission
and, pending the outcome of such investigations and
recommendation, suspend the Judge from office.
(1) There shall be a Judicial Service Commission consisting of
the Chief Justice, a Judge appointed by the President, the
Attorney-General and two members of the legal profession
nominated in accordance with the provisions of an Act of
Parliament by the professional organisation {organization} or
organisations representing the interests of the legal profession in
Namibia.
(2) The Judicial Service Commission shall perform such
functions as are prescribed for it by this Constitution or any
other law.
(3) The Judicial Service Commission shall be entitled to make
such rules and regulations for the purposes of regulating its
procedures and functions as are not inconsistent with this
Constitution or any other law.
(4) Any casual vacancy in the Judicial Service Commission may
be filled by the Chief Justice or in his or her absence by the
Judge appointed by the President.
There shall be an Attorney-General appointed by the President
in accordance with the provisions of Article
32 (3)(1)(cc).
The powers and functions of the Attorney-General shall
be:
a) to exercise the final responsibility for the office of the
Prosecutor-General;
b) to be in principal legal adviser to the President and
Government.
c) to take all action necessary for the protection and upholding
of the Constitution;
d) to perform all such functions and duties as may be assigned
to the Attorney-General by Act of Parliament.
(1) There shall be a Prosecutor-General appointed by the
President on the recommendation of the Judicial Service
Commission. No person shall be eligible for appointment as
Prosecutor-General unless such person:
a) possesses legal qualifications that would entitle him or her to
practice in all the Courts of Namibia;
b) is, by virtue of his or her experience, conscientiousness and
integrity a fit and proper person to be entrusted with the
responsibilities of the office of Prosecutor-General.
(2) The powers and functions of the Prosecutor-General shall
be:
a) to prosecute, subject to the provisions of this Constitution, in
the name of the Republic of Namibia in criminal
proceedings;
b) to prosecute and defend appeals in criminal proceedings in
the High Court and the Supreme Court;
c) to perform all functions relating to the exercise of such
powers;
d) to delegate to other officials, subject to his or her control and
direction, authority to conduct criminal proceedings in any
Court;
e) to perform all such other functions as may be assigned to
him or her in terms of any other law.
Chapter X The Ombudsman
(1) There shall be an Ombudsman
(2) The Ombudsman shall be independent and subject only to
this Constitution and the law.
(3) No member of the Cabinet or the Legislature or any other
person shall interfere with the Ombudsman in the exercise of
his or her functions and all organs of the State shall accord such
assistance as may be needed for the protection of the
independence, dignity and effectiveness of the Ombudsman.
(4) The Ombudsman shall either be a Judge of Namibia, or a
person possessing the legal qualifications which would entitle
him or her to practice in all the Courts of Namibia.
(1) The Ombudsman shall be appointed by Proclamation by the
President on the recommendation of the Judicial Service
Commission.
(2) The Ombudsman shall hold office until the age of sixty-
five (65) but the President may extend the retiring age of any
Ombudsman to seventy (70).
The functions of the Ombudsman shall be defined and
prescribed by an Act of Parliament and shall include the
following:
a) the duty to investigate complaints concerning alleged or
apparent instances of violations of fundamental rights and
freedoms, abuse of power, unfair, harsh, insensitive or
discourteous treatment of an inhabitant of Namibia by an
official in the employ of any organ of Government (whether
central or local), manifest injustice, or corruption or conduct by
such official which would properly be regarded as unlawful,
oppressive or unfair in a democratic society;
b) the duty to investigate complaints concerning the functioning
of the Public Service Commission, administrative organs of the
State, the defence force, the police force and the prison service
in so far as such complaints relate to the failure to achieve a
balanced structuring of such services or equal access by all to
the recruitment of such services or fair administration in
relation to such services;
c) the duty to investigate complaints concerning the over-
utilization of living natural resources, the irrational exploitation
of non-renewable resources, the degradation and destruction of
ecosystems and failure to protect the beauty and character of
Namibia;
d) the duty to investigate complaints concerning practices and
actions by persons, enterprises and other private institutions
where such complaints allege that violations of fundamental
rights and freedoms under this Constitution have taken
place;
e) the duty and power to take appropriate action to call for the
remedying, correction and reversal of instances specified in the
preceding Paragraphs through such means as are fair, proper
and effective, including:
aa) negotiation and compromise between the parties
concerned;
bb) causing the complaint and his or her finding thereon to be
reported to the superior of an offending person;
cc) referring the matter to the Prosecutor-General;
dd) bringing proceedings in a competent Court for an interdict
or some other suitable remedy to secure the termination of the
offending action or conduct, or the abandonment or alteration of
the offending procedures;
ee) bringing proceedings to interdict the enforcement of such
legislation or regulation by challenging its validity if the
offending action or conduct is sought to be justified by
subordinate legislation or regulation which is grossly
unreasonable or otherwise ultra vires;
ff) reviewing such laws as were in operation before the date of
Independence in order to ascertain whether they violate the
letter or the spirit of this Constitution and to make consequential
recommendations to the President, the Cabinet or the Attorney-
General for appropriate action following thereupon;
f) the duty to investigate vigorously all instances or alleged or
suspected corruption and the misappropriation of public monies
by officials and to take appropriate steps, including reports to
the Prosecutor-General and the Auditor-General pursuant
thereto;
g) the duty to report annually to the National Assembly on the
exercise of his or her powers and functions.
The powers of the Ombudsman shall be defined by Act of
Parliament and shall include the power:
a) to issue subpoenas requiring the attendance of any person
before the Ombudsman and the production of any document or
record relevant to any investigation by the Ombudsman;
b) to cause any person contemptuous of any such subpoena to
be prosecuted before a competent Court;
c) to question any person;
d) to require any person to co-operate with the Ombudsman and
to disclose truthfully and frankly any information within his or
her knowledge relevant to any investigation of the Ombudsman.
For the purposes of this chapter the word "official" shall, unless
the context otherwise indicate, include any elected or appointed
official or employee of any organ of the central or local
Government, any official of a para-statal enterprise owned or
managed or controlled by the State, or in which the State or the
Government has substantial interest, or any officer of the
defence force, the police force or the prison service, but shall
not include a Judge of the Supreme Court or the High Court or,
in so far as a complaint concerns the performance of a judicial
function, any other judicial officer.
(1) The Ombudsman may be removed from office before the
expiry of his or her term of office by the President acting on
the recommendation of the Judicial Service Commission.
(2) The Ombudsman may only be removed from office on the
ground of mental incapacity or for gross misconduct, and in
accordance with the provisions of Paragraph (3).
(3) The Judicial Service Commission shall investigate whether
or not the Ombudsman shall be removed from office on the
grounds referred to in Paragraph (2) and, if it decides that the
Ombudsman shall be removed, it shall inform the President of
its recommendation.
(4) While investigations are being carried out into the necessity
of the removal of the Ombudsman in terms of this article, the
President may, on the recommendation of the Judicial Service
Commission and, pending the outcome of such investigations
and recommendation, suspend the Ombudsman from office.
Chapter XI Principles of State Policy
The State shall actively promote and maintain the welfare of the
people by adopting, inter alia, policies aimed at the
following:
a) enactment of legislation to ensure equality of opportunity for
women, to enable them to participate fully in all spheres of
Namibian society; in particular, the Government shall ensure
the implementation of the principle of non-discrimination in
remuneration of men and women; further, the Government shall
seek, through appropriate legislation, to provide maternity and
related benefits for women;
b) enactment of legislation to ensure that the health and strength
of the workers, men and women, and the tender age of children
are not abused and that citizens are not forced by economic
necessity to enter vocations unsuited to their age and
strength;
c) active encouragement of the formation of independent trade
unions to protect workers' rights and interests, and to promote
sound labour {labor} relations and fair employment
practices;
d) membership of the International Labour Organisation (ILO)
and, where possible, adherence to and action in accordance
with the international Conventions and Recommendations of the
ILO;
e) ensurance that every citizen has a right to fair and reasonable
access to public facilities and services in accordance with the
law;
f) ensurance that senior citizens are entitled to and do receive a
regular pension adequate for the maintenance of a decent
standard of living and the enjoyment of social and cultural
opportunities;
g) enactment of legislation to ensure that the unemployed, the
incapacitated, the indigent and the disadvantaged are accorded
such social benefits and amenities as are determined by
Parliament to be just and affordable with due regard to the
resources of the State;
h) a legal system seeking to promote justice on the basis of
equal opportunity by providing free legal aid in defined cases
with due regard to the resources of the State;
i) ensurance that workers are paid a living wage adequate for
the maintenance of a decent standard of living and the
enjoyment of social and cultural opportunities;
j) consistent planning to raise and maintain an acceptable level
of nutrition and standard of living of the Namibian people and
to improve public health;
k) encouragement of the mass of the population through
education and other activities and through their organisations
{organizations} to influence Government policy by debating its
decisions;
l) maintenance of ecosystems, essential ecological processes and
biological diversity of Namibia and utilization of living natural
resources on a sustainable basis for the benefit of all
Namibians, both present and future; in particular, the
Government shall provide measures against the dumping or
recycling of foreign nuclear and toxic waste on Namibian
territory.
The State shall endeavour {endeavor} to ensure that in its
international relations it:
a) adopts and maintains a policy of non-alignment;
b) promotes international co-operation, peace and
security;
c) creates and maintains just and mutually beneficial relations
among nations;
d) fosters respect for international law and treaty
obligations;
e) encourages the settlement of international disputes by
peaceful means.
The State shall, where it is reasonable to do so, grant asylum to
persons who reasonably fear persecution on the ground of their
political beliefs, race, religion or membership of a particular
social group.
(1) The economic order of Namibia shall be based on the
principles of a mixed economy with the objective of securing
economic growth, prosperity and a life of human dignity for all
Namibians.
(2) The Namibian economy shall be based, inter alia, on the
following forms of ownership:
a) public;
b) private;
c) joint public-private;
d) co-operative;
e) co-ownership;
f) small-scale family.
Foreign investments shall be encouraged within Namibia subject
to the provisions of an Investment Code to be adopted by
Parliament.
Land, water and natural resources below and above the surface
of the land and in the continental shelf and within the territorial
waters and the exclusive economic zone of Namibia shall
belong to the State if they are not otherwise lawfully owned.
The principles of state policy contained in this chapter shall not
of and by themselves be legally enforceable by any Court, but
shall nevertheless guide the Government in making and
applying laws to give effect to the fundamental objectives of the
said principles. The Courts are entitled to have regard to the
said principles in interpreting any laws based on them.
Chapter XII Regional and Local Government
(1) For purpose of regional and local
(2) The delineation of the boundaries of the regions and Local
Authorities referred to in Paragraph (1) shall be geographical
only, without any reference to the race, colour {color} or ethnic
origin of the inhabitants of such areas.
(3) Every organ of regional and local government shall have a
Council as the principal governing body, freely elected in
accordance with this Constitution and the Act of Parliament
referred to in Paragraph (1), with an executive and
administration which shall carry out all lawful resolutions and
policies of such Council, subject to this Constitution and any
other relevant laws.
(4) For the purposes of this chapter, a Local Authority shall
include all municipalities, communities, village councils and
other organs of local government defined and constituted by Act
of Parliament.
(5) There shall be a Council of Traditional Leaders to be
established in terms of an Act of Parliament in order to advise
the President on the control and utilization of communal land
and on all such other matters as may be referred to it by the
President for advice.
(1) the boundaries of regions shall be determined by a
Delimitation Commission in accordance with the principles set
out in Article 102 (2).
(2) The boundaries of regions may be changed from time to
time and new regions may be created from time to time, but
only in accordance with the recommendation of the Delimitation
Commission.
(3) A Regional Council shall be established for every region the
boundaries of which have been determined in accordance with
Paragraph (1) and (2).
(1) The Delimitation Commission shall consist of a Chairperson
who shall be a Judge of the Supreme Court or the High Court,
and two other persons to be appointed by the President with the
approval of Parliament.
(2) The Delimitation Commission shall discharge its duties in
accordance with the provisions of an Act of Parliament and this
Constitution, and shall report thereon to the President.
Every Regional Council shall consist of a number of persons
determined by the Delimitation Commission for the particular
region for which that Regional Council has been established,
and who are qualified to be elected to the National Council.
(1) Each region shall be divided into constituencies the
boundaries of which shall be fixed by the Delimitation
Commission in accordance with the pro-visions of an Act of
Parliament and this Constitution: provided that there shall be no
fewer than six (6) and no more than twelve (12) constituencies
in each region.
(2) Each constituency shall elect one member to the Regional
Council for the region in which it is situated.
(3) The elections shall be by secret ballot to be conducted in
accordance with the provisions of an Act of Parliament, and the
candidate receiving the most votes in any constituency shall be
the elected member of the Regional Council for that
constituency.
(4) All Regional Council elections for the various regions of
Namibia shall be held on the same day.
(5) The date for Regional Council elections shall be determined
by the President by Proclamation in the Gazette.
The remuneration and allowances to be paid to members of
Regional Councils shall be determined by Act of Parliament.
Regional Councils shall have the following powers:
a) to elect members to the National Council;
b) to exercise within the region for which they have been
constituted such executive powers and to perform such duties in
connection therewith as may be assigned to them by Act of
Parliament and as may be delegated to them by the
President;
c) to raise revenue, or share in the revenue raised by the central
Government within the regions for which they have been
established, as may be determined by Act of
Parliament;
d) to exercise powers, perform any other functions and make
such by-laws or regulations as may be determined by Act of
Parliament.
(1) Each Regional Council shall elect from amongst its
members a Management Committee, which shall be vested with
executive powers in accordance with the provisions of an Act of
Parliament.
(2) The Management Committee shall have a Chairperson to be
elected by the members of the Regional Council at the time that
they elect the Management Committee, and such Chairperson
shall preside at meetings of his or her Regional Council.
(3) The Chairperson and the members of the Management
Committee shall hold office for three (3) years and shall be
eligible for re-election.
The holding and conducting of meetings of Regional Councils,
the filling of casual vacancies on Regional Councils and the
employment of officials by the Regional Councils, as well as all
other matters dealing with or incidental to the administration
and functioning of Regional Councils, shall be determined by
Act of Parliament.
(1) Local Authorities shall be established in accordance with the
provisions of Article 102.
(2) The boundaries of Local Authorities, the election of
Councils to administer the affairs of Local Authorities, the
method of electing persons to Local Authority Councils, the
methods of raising revenue for Local Authorities, the
remuneration of Local Authority Councillors and all other
matters dealing with or incidental to the administration and
functioning of Local Authorities, shall be determined by Act of
Parliament.
(3) Persons shall be qualified to vote in elections for Local
Authorities Councils if such persons have been resident within
the jurisdiction of a Local Authority for not less than one (1)
year immediately prior to such election and if such persons are
qualified to vote in elections for the National Assembly.
(4) Different provisions may be made by the Act of Parliament
referred to in Paragraph (2) in regard to different types of Local
Authorities.
(5) All by-laws or regulations made by Local Authorities
pursuant to powers vested in them by Act of Parliament shall be
tabled in the National Assembly and shall cease to be of force if
a resolution to that effect is passed by the National Assembly.
Chapter XIII The Public Service Commission
(1) There shall be established a Public Service Commission
which shall have the function of advising the President on the
matters referred to in Article 113 and of reporting to the
National Assembly thereon.
(2) The Public Service Commission shall be independent and
act impartially.
(3) The Public Service Commission shall consist of a
Chairperson and no fewer than three (3) and no more than
six (6) other persons nominated by the President and appointed
by the National Assembly by resolution.
(4) Every member of the Public Service Commission shall be
entitled to serve on such Commission for a period of five (5)
years unless lawfully removed before the expiry of that period
for good and sufficient reasons in terms of this Constitution and
procedures to be prescribed by Act of Parliament. Every
member of the Public Service Commission shall be eligible for
reappointment.
The functions of the Public Service Commission shall be
defined by Act of Parliament and shall include the
power:
a) to advise the President and the Government on:
aa) the appointment of suitable persons to specified categories
of employment in the public service, with special regard to the
balanced structuring thereof;
bb) the exercise of adequate disciplinary control over such
persons in order to assure the fair administration of personnel
policy;
cc) the remuneration and the retirement benefits of any such
persons;
dd) all other matters which by law pertain to the public
service;
b) to perform all functions assigned to it by Act of
Parliament;
c) to advise the President on the identity, availability and
suitability of persons to be appointed by the President to offices
in terms of this Constitution or any other law.
Chapter XIV The Security Commission
(1) There shall be a Security Commission which shall have the
function of making recommendations to the President on the
appointment of the Chief of the Defence Force, the Inspector-
General of Police and the Commissioner of Prisons and such
other functions as may be assigned to it by Act of Parliament.
(2) The Security Commission shall consist of the Chairperson of
the Public Service Commission, the Chief of the Defence
Force, the Inspector-General of Police, the Commissioner of
Prisons and two (2) members of the National Assembly,
appointed by the President on the recommendation of the
National Assembly.
Chapter XV The Police and Defence Forces and the Prison Service
There shall be established by Act of Parliament a Namibian
police force with prescribed powers, duties and procedures in
order to secure the internal security of Namibia and to maintain
law and order.
(1) There shall be an Inspector-General of Police who shall be
appointed by the President in terms of Article 32 (4)(bb).
(2) The Inspector-General of Police shall make provision for a
balanced structuring of the police force and shall have the
power to make suitable appointments to the police force, to
cause charges of indiscipline among members of the police
force to be investigated and prosecuted and to ensure the
efficient administration of the police force.
The President may remove the Inspector-General of Police from
office for good cause and in the public interest and in
accordance with the provisions of any Act of Parliament which
may prescribe procedures considered to be expedient for this
purpose.
(1) There shall be established by Act of Parliament a Namibian
Defence Force with prescribed composition, powers, duties and
procedures, in order to defend the territory and national
interests of Namibia.
(2) The President shall be the Commander-in-Chief of the
Defence Force and shall have all the powers and exercise all the
functions necessary for that purpose.
(1) There shall be a Chief of the Defence Force who shall be
appointed by the President in terms of Article 32 (4)(c).
(2) The Chief of the Defence Force shall make provision for a
balanced structuring of the defence force and shall have the
power to make suitable appointments to the defence force, to
cause charges of indiscipline among members of the defence
force to be investigated and prosecuted and to ensure the
efficient administration of the defence force.
The President may remove the Chief of the Defence Force from
office for good cause and in the public interest and in
accordance with the provisions of any Act of Parliament which
may prescribe procedures considered to be expedient for this
purpose.
There shall be established by Act of Parliament a Namibian
prison service with prescribed powers, duties and procedures.
(1) There shall be a Commissioner of Prisons who shall be
appointed by the President in terms of Article 32 (4)(c).
(2) The Commissioner of Prisons shall make provision for a
balanced structuring of the prison service and shall have the
power to make suitable appointments to the prison service, to
cause charges on indiscipline among members of the prison
service to be investigated and prosecuted and to ensure the
efficient administration of the prison service.
The President may remove the Commissioner of Prisons from
office for good cause and in the public interest and in
accordance with the provisions of any Act of Parliament which
may prescribe procedures considered to be expedient for this
purpose.
Chapter XVI Finance
The assets mentioned in Schedule 5 shall vest in the
Government of Namibia on the date of Independence.
(1) The Central Revenue Fund of the mandated territory of
South West Africa instituted in terms of Section 3 of the
Exchequer and Audit Proclamation, 1979 (Proclamation 85 of
1979) and Section 31(1) of Proclamation R101 of 1985 shall
continue as the State Revenue Fund of the Republic of Namibia.
(2) All income accruing to the central Government shall be
deposited in the State Revenue Fund and the authority to
dispose thereof shall vest in the Government of Namibia.
(3) Nothing contained in Paragraph (2) shall preclude the
enactment of any law or the application of any law which
provides that:
a) the Government shall pay any particular monies accruing to
it into a fund designated for a special purpose; or
b) any body or institution to which any monies accruing to the
State have been paid, may retain such monies or portions
thereof for the purpose of defraying the expenses of such body
or institution; or
c) where necessary, subsidies be allocated to regional and Local
Authorities.
(4) No money shall be withdrawn from the State Revenue Fund
except in accordance with an Act of Parliament.
(5) No body or person other than the Government shall have
the power to withdraw monies from the State Revenue Fund.
(1) The Minister in charge of the Department of Finance shall,
at least once every year and thereafter at such interim stages as
may be necessary, present for the consideration of the National
Assembly estimates of revenue, expenditure and income for the
prospective financial year.
(2) The National Assembly shall consider such estimates and
pass pursuant thereto such Appropriation Acts as are in its
opinion necessary to meet the financial requirements of the
State from time to time.
(1) There shall be an Auditor-General appointed by the
President on the recommendation of the Public Service
Commission and with the approval of the National Assembly.
The Auditor-General shall hold office for five (5) years unless
removed earlier under Paragraph (4) or unless he or she
resigns. The Auditor-General shall be eligible for
reappointment.
(2) The Auditor-General shall audit the State Revenue Fund and
shall perform all other functions assigned to him or her by the
Government or by Act of Parliament and shall report annually
to the National Assembly thereon.
(3) The Auditor-General shall not be a member of the public
service.
(4) The Auditor-General shall not be removed from office
unless a two-thirds majority of all the members of the National
Assembly vote for such removal on the ground of mental
incapacity or gross misconduct.
Chapter XVII Central Bank and National Planning Commission
(1) There shall be established by Act of Parliament a Central
Bank of the Republic of Namibia which shall serve as the
State's principal instrument to control the money supply, the
currency and the institutions of finance, and to perform all
other functions ordinarily performed by a central bank.
(2) The Governing Board of the Central Bank shall consist of a
Governor, a Deputy-Governor and such other members of the
Board as shall be prescribed by Act of Parliament, and all
members of the Board shall be appointed by the President in
accordance with procedures prescribed by such Act of
Parliament.
(1) There shall be established in the office of the President a
National Planning Commission, whose task shall be to plan the
priorities and direction of national development.
(2) There shall be a Director-General of Planning appointed by
the President in terms of Article 32 (3)(i)(dd), who shall
be the head of the National Planning Commission and the
principal adviser to the President in regard to all matters
pertaining to economic planning and who shall attend Cabinet
meetings at the request of the President.
(3) The membership, powers, functions and personnel of the
National Planning Commission shall be regulated by Act of
Parliament.
Chapter XVIII Coming into Force of the Constitution
This Constitution as adopted by the Constituent Assembly shall
come into force on the date of Independence.
Chapter XIX Amendment of the Constitution
No repeal or amendment of any of the provisions of Chapter
3, in so far as such repeal or amendment diminishes or
detracts from the fundamental rights and freedoms contained
and defined in that chapter, shall be permissible under this
Constitution, and no such purported repeal or amendment shall
be valid or have any force or effect.
(1) Any bill seeking to repeal or amend any provision of this
Constitution shall indicate the proposed repeals and/or
amendments with reference to the specific articles sought to be
repealed and/or amended and shall not deal with any matter
other than the proposed repeals or amendments.
(2) The majorities required in Parliament for the repeal and/or
amendment of any of the provisions of this Constitution shall
be:
a) two-thirds of all the members of the National Assembly;
and
b) two-thirds of all the members of the National Council.
(3)(a) Notwithstanding the provisions of Paragraph (2), if a bill
proposing a repeal and/or amendment of any of the provisions
of this Constitution secures a majority of two-thirds of all the
members of the National Assembly, but fails to secure a
majority of two-thirds of all the members of the National
Council, the President may by Proclamation make the bill
containing the proposed repeals and/or amendments the subject
of a national referendum.
(b) The national referendum referred to in Paragraph (a) shall
be conducted in accordance with procedures prescribed for the
holding of referenda by Act of Parliament.
(c) If upon the holding of such a referendum the bill containing
the proposed repeals and/or amendments is approved by a two-
thirds majority of all the votes cast in the referendum, the bill
shall be deemed to have been passed in accordance with the
provisions of this Constitution, and the President shall deal it in
terms of Article 56.
(4) No repeal or amendment of this paragraph or Paragraphs (2)
or (3) in so far as it seeks to diminish or detract from the
majorities required in Parliament or in a referendum shall be
permissible under this Constitution, and no such purported
repeal or amendment shall be valid or have any force or effect.
(5) Nothing contained in this article:
a) shall detract in any way from the entrenchment provided for
in Article 131 of the fundamental rights and freedoms
contained and defined in Chapter 3;
b) shall prevent Parliament from changing its own composition
or structures by amending or repealing any of the provisions of
this Constitution: provided always that such repeals or
amendments are effected in accordance with the provisions of
this Constitution.
Chapter XX The Law in Force and Transitional Provisions
Notwithstanding the provisions of Article 46, the
Constituent Assembly shall be deemed to have been elected
under Articles 46 and 49, and shall constitute the
first National Assembly of Namibia, and its term of office and
that of the President shall be deemed to have begun from the
date of Independence.
(1) Notwithstanding the provisions of Article 28, the first
President of Namibia shall be the person elected to that office
by the Constituent Assembly by a simple majority of all its
members.
(2) The first President of Namibia shall be deemed to have been
elected under Article 28 and upon assuming office shall
have all the powers, functions, duties and immunities of a
President elected under that article.
This Constitution shall be implemented in accordance with the
provisions of Schedule 7.
(1) Until elections for a National Council have been
held:
a) all legislation shall be enacted by the National Assembly as if
this Constitution had not made provision for a National
Council, and Parliament had consisted exclusively of the
National Assembly acting on its own without being subject to
the review of the National Council;
b) this Constitution shall be construed as if no functions had
been vested by this Constitution in the National
Council;
c) any reference in Article 29, 56, 75 and
132 to the National Council shall be ignored: provided
that nothing contained in this paragraph shall be construed as
limiting in any way the generality of Paragraph (a) and (b).
(2) Nothing contained in Paragraph (1) shall detract in any way
from the provisions of Chapter 8 or any other provision
of this Constitution in so far as they make provision for the
establishment of a National Council, elections to the National
Council and its functioning after such elections have been held.
(1) The President shall by Proclamation establish the first
Delimitation Commission which shall be constituted in
accordance with the provisions of Article 104 (1), within
six (6) months of the date of Independence.
(2) Such Proclamation shall provide for those matters which are
referred to in Articles 102 to 106, shall not be
inconsistent with this Constitution and shall require the
Delimitation Commission to determine boundaries of regions
and Local Authorities for the purpose of holding Local
Authority and Regional Council elections.
(3) The Delimitation Commission appointed under such
Proclamation shall forthwith commence its work, and shall
report to the President within nine (9) months of its
appointment: provided that the National Assembly may by
resolution and for good cause extend the period within which
such report shall be made.
(4) Upon receipt of the report of the Delimitation Commission
the President shall as soon as reasonably possible thereafter
establish by Proclamation the boundaries of regions and Local
Authorities in accordance with the terms of the report.
(5) Elections for Local Authorities in terms of Article
111 shall be held on a date to be fixed by the President
by Proclamation, which shall be a date within six (6) months of
the Proclamation referred to in Paragraph (4), or within six (6)
months of the date on which the legislation referred to
in Article 111 has been enacted, whichever is the later:
provided that the National Assembly may by resolution and for
good cause extend the period within such elections shall be
held.
(6) Elections for Regional Councils shall be held on a date to be
fixed by the President by Proclamation, which shall be a date
within one (1) month of the date of the elections referred to in
Paragraph (5), or within one (1) month of the date on which the
legislation referred to in Article 106 (3) has been
enacted, whichever is the later: provided that the National
Assembly may by resolution and for good cause extend the
period within which such elections shall be held.
(7) Elections for the first National Council shall be held on a
date to be fixed by the President by Proclamation, which shall
be a date within one (1) month of the date of the elections
referred to in Paragraph (6), or within one (1) month of the
date on which the legislation referred to in Article 69 (2)
has been enacted, whichever is the later: provided that the
National Assembly may by resolution and for good cause
extend the period within which such elections shall be held.
(1) The Judge-President and other Judges of the Supreme Court
of South-West Africa holding office at the date on which this
Constitution is adopted by the Constituent Assembly shall be
deemed to have been appointed as the Judge-President and
Judges of the High Court of Namibia under Article 82 on
the date of Independence, and upon making the oath or
affirmation of office in the terms set out in Schedule 1, shall
become the first Judge-President and Judges of the High Court
of Namibia: provided that if the Judge-President or any such
Judges are sixty-five (65) years of age or older on such date, it
shall be deemed that their appointments have been extended
until the age of seventy (70) in terms of Article 82 (4).
(2)(a) The laws in force immediately prior to the date of
Independence governing the jurisdiction of Courts within
Namibia, the right of audience before such Courts, the manner
in which procedure in such Courts shall be conducted and the
power and authority of the Judges, Magistrates and other
judicial officers, shall remain in force until repealed or amended
by Act of Parliament, and all proceedings pending in such
Courts at the date of Independence shall be continued as if such
Courts had been duly constituted as Courts of the Republic of
Namibia when the proceedings were instituted.
(b) Any appeal noted to the Appellate Division of the Supreme
Court of South Africa against any judgment or order of the
Supreme Court of South-West Africa shall be deemed to have
been noted to the Supreme Court of Namibia and shall be
prosecuted before such Court as if that judgment or order
appealed against had been made by the High Court of Namibia
and the appeal had been noted to the Supreme Court of
Namibia.
(c) All criminal prosecutions initiated in Courts within Namibia
prior to the date of Independence shall be continued as if such
prosecutions had been initiated after the date of Independence in
Courts of the Republic of Namibia.
(d) All crimes committed in Namibia prior to the date of
Independence which would be crimes according to the law of
the Republic of Namibia if it had then existed, shall be deemed
to constitute crimes according to the law of the Republic of
Namibia, and to be punishable as such in and by the Courts of
the Republic of Namibia.
(3) Pending the enactment of the legislation contemplated
by Article 79:
a) the Supreme Court shall have the same jurisdiction to hear
and determine appeals from Courts in Namibia as was
previously vested in the Appellate Division of the Supreme
Court of South Africa;
b) the Supreme Court shall have jurisdiction to hear and
determine matters referred to it for a decision by the Attorney-
General under this Constitution;
c) all persons having the right of audience before the High
Court shall have the right of audience the Supreme
Court;
d) three (3) Judges shall constitute a quorum of the Supreme
Court when it hears appeals or deals with matters under
Paragraphs (a) and (b): provided that if any such Judge dies or
becomes unable to act after the hearing of the appeal or such
matter has commenced, but prior to judgement, the law
applicable in such circumstances to the death or inability of a
Judge of the High Court shall apply mutatis mutandis;
e) until rules of the Supreme Court are made by the Chief
Justice for the noting and prosecution of appeals and all matters
incidental thereto, the rules which regulated appeals from the
Supreme Court of South-West Africa to the Appellate Division
of the Supreme Court of South Africa, and were in force
immediately prior to the date of Independence, shall apply
mutatis mutandis.
(1) Pending the enactment of legislation as contemplated
by Article 85 and the appointment of a Judicial Service
Commission thereunder, the Judicial Service Commission shall
be appointed by the President by Proclamation and shall consist
of the Chief Justice, a Judge appointed by the President, the
Attorney-General, an advocate nominated by the Bar Council of
Namibia and an attorney nominated by the Council of the Law
Society of South-West Africa: provided that until the first Chief
Justice has been appointed, the President shall appoint a second
Judge to be a member of the Judicial Service Commission who
shall hold office thereon until the Chief Justice has been
appointed. The Judicial Service Commission shall elect from
amongst its members as its first meeting the person to preside at
its meetings until the Chief Justice has been appointed. The first
task of the Judicial Service Commission shall be to make a
recommendation to the President with regard to the appointment
of the first Chief Justice.
(2) Save as aforesaid the provisions of Article 85 shall
apply to the functioning of the Judicial Service Commission
appointed under Paragraph (1), which shall have all the powers
vested in the Judicial Service Commission by this Constitution.
(1) Subject to the provisions of this Constitution, all laws which
were in force immediately before the date of Independence shall
remain in force until repealed or amended by Act of Parliament
or until they are declared unconstitutional by a competent
Court.
(2) Any powers vested by such laws in the Government, or in a
Minister or other official of the Republic of South Africa shall
be deemed to vest in the Government of the Republic of
Namibia or in a corresponding Minister or official of the
Government of the Republic of Namibia, and all powers, duties
and functions which so vested in the Government Service
Commission, shall vest in the Public Service Commission
referred to in Article 112.
(3) Anything done under such laws prior to the date of
Independence by the Government, or by a Minister or other
official of the Republic of South Africa shall be deemed to have
been done by the Government of the Republic of Namibia or by
a corresponding Minister or official of the Government of the
Republic of Namibia, unless such action is subsequently
repudiated by an Act of Parliament, and anything so done by
the Government Service Commission shall be deemed to have
been done by the Public Service Commission referred to
in Article 112, unless it is determined otherwise by an
Act of Parliament.
(4) Any reference in such laws to the President, the
Government, a Minister or other official or institution in the
Republic of South Africa shall be deemed to be a reference to
the President of Namibia or to a corresponding Minister,
official or institution in the Republic of Namibia and any
reference to the Government Service Commission or the
government service, shall be construed as a reference to the
Public Service Commission referred to in Article 112 or
the public service of Namibia.
(5) For the purpose of this article the Government of the
Republic of South Africa shall be deemed to include the
Administration of the Administrator-General appointed by the
Government of South Africa to administer Namibia, and any
reference to the Administrator-General in legislation enacted by
such Administration shall be deemed to be a reference to the
President of Namibia, and any reference to a Minister or
official of such Administration shall be deemed to be a
reference to a corresponding Minister or official of the
Government of the Republic of Namibia.
(1) Subject to the provisions of this Constitution, any person
holding office under any law in force on the date of
Independence shall continue to hold such office unless and until
he or she resigns or is retired, transferred or removed from
office in accordance with law.
(2) Any reference to the Attorney-General in legislation in force
immediately prior to the date of Independence shall be deemed
to be a reference to the Prosecutor-General, who shall exercise
his or her functions in accordance with this Constitution.
The President shall, in consultation with the leaders of all
political parties represented in the National Assembly, appoint
by Proclamation the first Chief of the Defence Force, the first
Inspector-General of Police and the first Commissioner of
Prisons.
All existing international agreements binding upon Namibia
shall remain in force, unless and until the National Assembly
acting under Article 63 (2)(d) otherwise decides.
Chapter XXI Final Provisions
Unless otherwise provided by this Constitution or Act of
Parliament, the general rules of public international law and
international agreements binding upon Namibia under this
Constitution shall form part of the law of Namibia.
(1) Nothing contained in this Constitution shall be construed as
imposing upon the Government of Namibia:
a) any obligations to any other State which would not otherwise
have existed under international law;
b) any obligations to any person arising out of the acts or
contracts of prior Administrations which would not otherwise
have been recognised by international law as binding upon the
Republic of Namibia.
(2) Nothing contained in this Constitution shall be construed as
recognising in any way the validity of the Administration of
Namibia by the Government of the Republic of South Africa or
by the Administrator-General appointed by the Government of
the Republic of South Africa to administer Namibia.
(1) Unless the context otherwise indicates, any word or
expression in this Constitution shall bear the meaning given to
such word or expression in any law which deals with the
interpretation of statutes and which was in operation within the
territory of Namibia prior to the date of Independence.
(2)(a) The word "Parliament" shall mean the National Assembly
and, once the first National Council has been elected, shall
mean the National Assembly acting, when so required by this
Constitution, subject to the review of the National Council.
(b) Any reference to the plural shall include the singular and
any reference to the singular shall include the plural.
(c) Any references to the "date of Independence" or
"Independence" shall be deemed to be a reference to the day as
of which Namibia is declared to be independent by the
Constituent Assembly.
(d) Any references to the "Constituent Assembly" shall be
deemed to be a reference to the Constituent Assembly elected
for Namibia during November 1989 as contemplated by United
Nations Security Council Resolution 435 of 1978.
(e) Any references to "Gazette" shall be deemed to be a
reference to the Government Gazette of the Republic of
Namibia.
The laws set out in Schedule 8 are hereby repealed.
This Constitution shall be called the Namibian Constitution.
Schedules
"I, ..., do hereby swear/solemnly affirm that as a Judge of the
Republic of Namibia I will defend and uphold the Constitution
of the Republic of Namibia as the Supreme Law and will
fearlessly administer justice to all persons without favour
{favor} or prejudice and in accordance with the laws of the
Republic of Namibia. (In the case of an oath:) So help me
God."
"I, ..., do hereby swear/solemnly affirm that I will be faithful to
the Republic of Namibia, hold my office as
Minister/Deputy-Minister with honour {honor} and dignity,
uphold, protect and defend the Constitution and faithfully obey,
execute and administer the laws of the Republic of Namibia,
serve the people of Namibia to the best of my ability, not
divulge directly or indirectly any matters brought before the
Cabinet and entrusted to me under secrecy, and perform the
duties of my office and the functions entrusted to me by the
President conscientiously and to the best of my ability. (In the
case of an oath:) So help me God."
"I, ..., do hereby swear/solemnly affirm that I will be faithful to
the Republic of Namibia and its people and I solemnly promise
to uphold and defend the Constitution and laws of the Republic
of Namibia to the best of my ability. (In the case of an oath:)
So help me God."
(1) For the purpose of filling the seventy-two (72) seats in the
National Assembly pursuant to the provisions
of Article 46 (1)(a), the total number of votes cast in a
general election for these seats shall be divided by seventy-
two (72) and the result shall constitute the quota of votes per
seat.
(2) The total number of votes cast in favour {favor} of a
registered political party which offers itself for this purpose
shall be divided by the quota of votes per seat and the result
shall, subject to paragraph (3), constitute the number of seats to
which that political party shall be entitled in the National
Assembly.
(3) Where the formula set out in paragraph (2) yields a surplus
fraction not absorbed by the number of seats allocated to the
political party concerned, such surplus shall compete with other
similar surpluses accruing to any other political party or parties
participating in the election, and any undistributed seat or
seats (in terms of the formula set out in paragraph (2)) shall be
awarded to the party or parties concerned in sequence of the
highest surplus.
(4) Subject to the requirements pertaining to the qualification of
members of the National Assembly, a political party which
qualifies for seats in terms of paragraphs (2) and (3) shall be
free to choose in its own discretion which persons to nominate
as members of the National Assembly to fill the said seats.
(5) Provision shall be made by Act of Parliament for all parties
participating in an election of members of the National
Assembly to be represented at all material stages of the election
process and to be afforded a reasonable opportunity for
scrutinising the counting of the votes cast in such election.
(1) All property of which the ownership or control immediately
prior to the date of Independence vested in the Government of
the Territory of South West Africa, or in any Representative
Authority constituted in terms of the Representative Authorities
Proclamation, 1980 (Proclamation AG 8 of 1980), or in the
Government of Rehoboth, or in any other body, statutory or
otherwise, constituted by or for the benefit of any such
Government or Authority immediately prior to the date of
Independence, or which was held in trust for or on behalf of the
Government of an independent Namibia, shall vest in or be
under the control of the Government of Namibia.
(2) For the purpose of this Schedule, "property" shall, without
detracting from the generality of that term as generally accepted
and understood, mean and include movable and immovable
property, whether corporeal or incorporeal and wheresoever
situate, and shall include any right or interest therein.
(3) All such immovable property shall be transferred to the
Government of Namibia without payment of transfer duty,
stamp duty or any other fee or charge, but subject to any
existing right, charge, obligation or trust on or over such
property and subject also to the provisions of this Constitution.
(4) The Registrar of Deeds concerned shall upon production to
him or her of the title deed to any immovable property
mentioned in paragraph (1) endorse such title deed to the effect
that the immovable property therein described is vested in the
Government of Namibia and shall make the necessary entries in
his or her registers, and thereupon the said title deed shall serve
and avail for all purposes as proof of the title of the
Government of Namibia to the said property.
The National Flag of Namibia shall be rectangular in the
proportion of three in the length to two in the width, tierced per
bend reversed, blue, white and green; the white bend reversed,
which shall be one third of the width of the flag, is charged
with another of red, one quarter of the width of the flag. In the
upper hoist there shall be a gold sun with twelve straight rays,
the diameter of which shall be one third of the width of the
flag, with its vertical axis one fifth of the distance from the
hoist, positioned equidistant from the top edge and from the
reversed bend. The rays, which shall each be two fifths of the
radius of the sun, issue from the outer edge of a blue ring,
which shall be one tenth of the radius of the sun.
(1) On the day of Independence, the Secretary-General of the
United Nations shall administer to the President, elected in
terms of Article 134, the oath or affirmation prescribed
by Article 30.
(2) The President shall appoint the Prime Minister and
administer to him or her the oath of affirmation set out in
Schedule 2.
(3) The President shall administer to the first Judges of
Namibia, appointed under Article 138 (1), the oath or
affirmation set out in Schedule 1.
(4) On the day determined by the Constituent Assembly the
National Assembly shall first meet, at a time and at a place
specified by the Prime Minister.
(5) The members of the National Assembly, with the Prime
Minister as Chairperson, shall:
a) take the oath or affirmation prescribed by Article 55
before the Judge-President or a Judge designated by the Judge-
President for this purpose;
b) elect the Speaker of the National Assembly.
(6) The National Assembly, with the Speaker as Chairperson,
shall:
a) elect a Deputy-Speaker;
b) conduct such business as it deems appropriate;
c) adjourn to a date to be determined by the National Assembly.
(7) The rules and procedures followed by the Constituent
Assembly for the holding of its meetings shall, mutatis
mutandis, be the rules and procedures to be followed by the
National Assembly until such time as the National Assembly
has adopted rules of procedure and standing orders
under Article 59.
South-West Africa Constitution Act, 1968 (Act No. 39 of
1968)
Rehoboth Self-Government Act, 1976 (Act No. 56 of
1976)
Establishment of Office of Administrator-General for the
Territory of South-West Africa Proclamation,
1977 (Proclamation No. 180 of 1977 of the State
President)
Empowering of the Administrator-General for the Territory of
South-West Africa to make Laws Proclamation,
1977 (Proclamation No. 181 of 1977 of the State
President)
Representative Authorities Proclamation, 1980 (Proclamation
AG. 8 of 1980)
Representative Authority of the Whites Proclamation,
1980 (Proclamation AG. 12 of 1980)
Representative Authority of the Coloureds Proclamation,
1980 (Proclamation AG. 14 of 1980)
Representative Authority of the Ovambos Proclamation,
1980 (Proclamation AG. 23 of 1980)
Representative Authority of the Kavangos Proclamation,
1980 (Proclamation AG. 26 of 1980)
Representative Authority of the Caprivians Proclamation,
1980 (Proclamation AG. 29 of 1980)
Representative Authority of the Damaras Proclamation,
1980 (Proclamation AG. 32 of 1980)
Representative Authority of the Namas Proclamation,
1980 (Proclamation AG. 35 of 1980)
Representative Authority of the Tswanas Proclamation,
1980 (Proclamation AG. 47 of 1980)
Representative Authority of the Hereros Proclamation,
1980 (Proclamation AG. 50 of 1980)
Representative Authority Powers Transfer Proclamation,
1989 (Proclamation AG. 8 of 1989)
Government of Rehoboth Powers Transfers Proclamation,
1989 (Proclamation AG. 32 of 1989)