The Namibian Constitution
Adopted in Feb 1990
Preamble
Whereas recognition of the inherent dignity and the equal and inalienable rights of all
members of the human family is indispensable for freedom, justice and
peace; Whereas the said rights include the right of the individual to
life, liberty and the pursuit of happiness, regardless of race, colour, ethnic origin, sex, religion, creed or social or economic
status; Whereas the said rights are most effectively 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 of the individual and the unity and integrity
of the Namibian nation among and in association with the nations of the
world; will strive to achieve national reconciliation and to foster peace,
unity and a common loyalty to a single state;
committed to these
principles, have resolved to constitute the Republic of Namibia as a
sovereign, secular, democratic and unitary State securing to all our
citizens justice, liberty, equality, and fraternity.
Now therefore, we
the people of Namibia accept and adopt this Constitution as the
fundamental law of our Sovereign and Independent Republic.
Chapter I The Republic
Article 1 [Establishment of the Republic of Namibia
and Identification of its Territory]
(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.
Article 2 [National Symbols]
(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 circumscribed with the word "NAMIBIA" and the
motto of the country, which shall be determined by
Act of Parliament as aforesaid.
(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.
Article 3 [Language]
(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
Article 4 [Acquisition and loss of
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
Article 5 [Protection of Fundamental 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 in Namibia, and shall be enforceable by the
Courts in the manner hereinafter prescribed.
Article 6 [Protection of Life]
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.
Article 7 [Protection and Liberty]
No
persons shall be deprived of personal liberty except according to
procedures established by law.
Article 8 [Respect for Human
Dignity]
(1) The dignity of all persons shall be inviolable.
(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 shall be guaranteed.
(b) No persons shall be
subject to torture or to cruel, inhuman or degrading treatment or
punishment.
Article 9 [Slavery and Forced Labour
{Labor}]
(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.
Article 10 [Equality and Freedom from
Discrimination]
(1) All persons shall be equal before the law.
(2) No persons may be discriminated
against on the grounds of sex, race, colour {color}, ethnic origin,
religion, creed or social or economic status.
Article 11 [Arrest and Detention]
(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.
Article 12 [Fair Trial]
(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.
Article 13 [Privacy]
(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.
Article 14 [Family]
(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.
Article 15 [Children's Rights]
(1)
Children shall have the right from birth to a name, the right
to acquire a nationality and, subject to legislation enacted in the best
interests of children, as far as possible the right to know and be cared
for by their parents.
(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.
Article 16 [Property]
(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 individually or in association with others and to
bequeath their property to their heirs or legatees: provided that
Parliament may be legislation prohibit or regulate as it deems expedient
the right to acquire property by persons who are not Namibian citizens.
(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.
Article 17 {...}
Article 18 [Administrative
Justice]
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.
Article 19 [Culture]
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.
Article 20 [Education]
(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}.
Article 21 [Fundamental Freedoms]
(1)
All persons shall have the right to: a) freedom of speech and expression, which shall include freedom of the press and other
media; b) freedom of thought, conscience and belief, which shall include academic freedom in institutions
of higher learning; c) freedom to practice any religion and to manifest such practice; 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.
Article 22 [Limitation upon Fundamental Rights and
Freedoms]
Whenever or wherever in terms of this Constitution
the limitation
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.
Article 23 [Apartheid and Affirmative
Action]
(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.
Article 24 [Derogation]
(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.
Article 25 [Enforcement of Fundamental Rights and
Freedoms]
(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
Article 26 [State of 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
Article 27 [Head of State and
Government]
(1) The President shall be the Head of State and of the Government and the
Commander-in-Chief of the Defence Force.
(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.
Article 28 [Election]
(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.
Article 29 [Term of Office]
(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).
Article 30 [Oath or Affirmation]
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."
Article 31 [Immunity from Civil and Criminal
Proceedings]
(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.
Article 32 [Functions, Powers and
Duties]
(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.
Article 33 [Remuneration]
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.
Article 34 [Succession]
(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
Article 35 [Composition]
(1) The
Cabinet shall consist of the President, the Prime Minister and
such other Ministers as the President may appoint from the members of the
National Assembly, including members nominated under Article 46 (1)(b),
for the purposes of administering and executing the functions of the
Government.
(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.
Article 36 [Functions of the Prime
Minister]
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.
Article 37 [Deputy-Ministers]
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.
Article 38 [Oath of Affirmation]
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.
Article 39 [Vote of No Confidence]
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.
Article 40 [Duties and Functions]
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.
Article 41 [Ministerial Accountability]
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.
Article 42 [Outside Employment]
(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.
Article 43 [Secretary to the
Cabinet]
(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
Article 44 [Legislative Power]
The
legislative power of Namibia shall be vested in the National Assembly with the power to pass laws with the assent
of the President as provided in this Constitution subject, where
applicable, to the powers and functions of the National Council as set out
in this Constitution.
Article 45 [Representative Nature]
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.
Article 46 [Composition]
(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.
Article 47 [Disqualification of
Members]
(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.
Article 48 [Vacation of Seats]
(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.
Article 49 [Elections]
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.
Article 50 [Duration]
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).
Article 51 [Speaker]
(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.
Article 52 [Secretary and other
Officers]
(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.
Article 53 [Quorum]
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.
Article 54 [Casting Vote]
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.
Article 55 [Oath or Affirmation]
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.
Article 56 [Assent to Bills]
(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.
Article 57 [Dissolution]
(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.
Article 58 [Conduct of Business after
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.
Article 59 [Rules of Procedure, Committees and
Standing Orders]
(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.
Article 60 [Duties, Privileges and Immunities of
Members]
(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.
Article 61 [Public Access to
Sittings]
(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.
Article 62 [Sessions]
(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.
Article 63 [Functions and Powers]
(1)
The National Assembly, as the principal legislative authority in and over Namibia, shall have the
power, subject to this Constitution, to make and repeal laws for the
peace, order and good government of the country in the best interest of
the people of Namibia.
(2) The National Assembly shall further have the
power and function, subject to this Constitution: a) to approve budgets for the effective government and administration of the
country; 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 parastatal 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 on matters of national concern; 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.
Article 64 [Withholding of Presidential
Assent]
(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.
Article 65 [Signature and Enrolment of
Acts]
(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.
Article 66 [Customary and Common
Law]
(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.
Article 67 [Requisite Majorities]
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
Article 68 [Establishment]
There shall be a
National Council which shall have the powers and functions set out in this
Constitution.
Article 69 [Composition]
(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.
Article 70 [Term of Office of
Members]
(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).
Article 71 [Oath or Affirmation]
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.
Article 72 [Qualifications of Members]
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
Article 73 [Chairperson and
Vice-Chairperson]
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.
Article 74 [Powers and Functions]
(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.
Article 75 [Review of Legislation]
(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.
Article 76 [Quorum]
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.
Article 77 [Voting]
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
Article 78 [The Judiciary]
(1) The
judicial power shall be vested in the Courts of
Namibia, which shall consist of: a) a Supreme Court of Namibia;
b) a
High Court of Namibia;
c) Lower Courts of Namibia.
(2) The Courts
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 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.
Article 79 [The Supreme Court]
(1) The
Supreme Court shall consist of a Chief Justice and such additional
Judges as the President, acting on the recommendation of the Judicial
Service Commission, may determine.
(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.
Article 80 [The High Court]
(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.
Article 81 [Binding Nature of Decisions of the Supreme
Court]
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.
Article 82 [Appointment of Judges]
(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.
Article 83 [Lower Courts]
(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.
Article 84 [Removal of Judges from
Office]
(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.
Article 85 [The Judicial Service
Commission]
(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.
Article 86 [The Attorney-General]
There
shall be an Attorney-General appointed by the President in accordance with
the provisions of Article 32
(3)(1)(cc).
Article 87 [Powers and Functions of the
Attorney-General]
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.
Article 88 [The Prosecutor-General]
(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
Article 89 [Establishment and
Independence]
(1) There shall be an Ombudsman, who shall have the powers and functions set out in
this Constitution.
(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.
Article 90 [Appointment and Term of
Office]
(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).
Article 91 [Functions]
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.
Article 92 [Powers of Investigation]
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.
Article 93 [Meaning of "Official"]
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.
Article 94 [Removal from Office]
(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
Article 95 [Promotion of the Welfare of the
People]
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.
Article 96 [Foreign Relations]
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.
Article 97 [Asylum]
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.
Article 98 [Principles of Economic
Order]
(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.
Article 99 [Foreign Investments]
Foreign
investments shall be encouraged within Namibia subject to the provisions
of an Investment Code to be adopted by Parliament.
Article 100 [Sovereign Ownership of Natural
Resources]
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.
Article 101 [Application of the Principles contained
in this Chapter]
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
Article 102 [Structures of Regional and Local
Government]
(1) For purpose of regional and local government, Namibia shall be divided into
regional and local units, which shall consist of such region and Local
Authorities as may be determined and defined by Act of Parliament.
(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.
Article 103 [Establishment of Regional
Councils]
(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).
Article 104 [The Delimitation
Commission]
(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.
Article 105 [Composition of Regional
Councils]
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 ar