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The ConstitutionofThe Republic of Namibia
-1-The Constitution of the Republic of NamibiaTable of ContentsPagePREAMBLE ………………………………………………………….5CHAPTER 1 THE REPUBLIC………………………………………………6Article 1 Establishment of the Republic of Namibia and identification of its Territory Article 2 National Symbols Article 3 LanguageCHAPTER 2 CITIZENSHIP………………………………………………..7Article 4 Acquisition and Loss of CitizenshipCHAPTER 3 FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS…………………….9Article 5 Protection of Fundamental Rights and FreedomsArticle 6 Protection of LifeArticle 7 Protection of LibertyArticle 8 Respect for Human DignityArticle 9 Slavery and Forced LabourArticle 10 Equality and Freedom from DiscriminationArticle 11 Arrest and DetentionArticle 12 Fair TrialArticle 13 PrivacyArticle 14 FamilyArticle 15 Children’s Rights Article 16 PropertyArticle 17 Political ActivityArticle 18 Administrative Justice Article 19 CultureArticle 20 EducationArticle 21 Fundamental FreedomsArticle 22 Limitation upon Fundamental Rights and Freedoms Article 23 Apartheid and Affirmative Action Article 24 DerogationArticle 25 Enforcement of Fundamental Rights and FreedomsCHAPTER 4PUBLIC EMERGENCY, STATE OF NATIONAL DEFENCE AND MARTIAL LAW….18Article 26 State of Emergency, State of National Defence and Martial LawCHAPTER 5 THE PRESIDENT……………………………………………..19Article 27 Head of State and GovernmentArticle 28 ElectionArticle 29 Term of OfficeArticle 30 Oath of AffirmationArticle 31 Immunity from Civil and Criminal ProceedingsArticle 32 Functions, Powers and DutiesArticle 33 Remuneration Article 34 SuccessionCHAPTER 6 THE CABINET……………………………………………….25Article 35 CompositionArticle 36 Functions of the Prime MinisterArticle 37 Deputy-MinistersArticle 38 Oath or AffirmationArticle 39 Vote of No ConfidenceArticle 40 Duties and FunctionsArticle 41 Ministerial AccountabilityArticle 42 Outside EmploymentArticle 43 Secretary to the CabinetCHAPTER 7 THE NATIONAL ASSEMBLY……………………………………..27Article 44 Legislative PowerArticle 45 Representative NatureArticle 46 CompositionArticle 47 Disqualification
Page-2-Article 48 Vacation of SeatsArticle 49 ElectionsArticle 50 DurationArticle 51 SpeakerArticle 52 Secretary and other OfficersArticle 53 QuorumArticle 54 Casting VoteArticle 55 Oath or AffirmationArticle 56 Assent to BillsArticle 57 DissolutionArticle 58 Conduct of Business after DissolutionArticle 59 Rules of Procedure, Committees and Standing OrdersArticle 60 Duties, Privileges and Immunities of MembersArticle 61 Public Access to SittingsArticle 62 SessionsArticle 63 Functions and PowersArticle 64 Withholding of Presidential AssentArticle 65 Signature and Enrolment of ActsArticle 66 Customary and Common LawArticle 67 Requisite MajoritiesCHAPTER 8 THE NATIONAL COUNCIL……………………………………….35Article 68 EstablishmentArticle 69 CompositionArticle 70 Term of Office of MembersArticle 71 Oath or AffirmationArticle 72 Qualifications of MembersArticle 73 Chairperson and Vice-ChairpersonArticle 74 Powers and FunctionsArticle 75 Review of Legislation Article 76 Quorum Article 77 VotingCHAPTER 9 THE ADMINISTRATION OF JUSTICE……………………………….39Article 78 The JudiciaryArticle 79 The Supreme courtArticle 80 The High CourtArticle 81 Binding Nature of Decisions of the Supreme CourtArticle 82 Appointment of JudgesArticle 83 Lower CourtsArticle 84 Removal of Judges from OfficeArticle 85 The Judicial Service CommissionArticle 86 The Attorney-GeneralArticle 87 Powers and Functions of the Attorney-GeneralArticle 88 The Prosecutor-GeneralCHAPTER 10 THE OMBUDSMAN……………………………………………43Article 89 Establishment and IndependenceArticle 90 Appointment and Term of OfficeArticle 91 FunctionsArticle 92 Powers of InvestigationArticle 93 Meaning of “Official”Article 94 Removal from OfficeCHAPTER 11 PRINCIPLES OF STATE POLICY………………………………….45Article 95 Promotion of the Welfare of the PeopleArticle 96 Foreign RelationsArticle 97 AsylumArticle 98 Principles of Economic OrderArticle 99 Foreign InvestmentsArticle 100 Sovereign Ownership of Natural ResourcesArticle 101 Application of the Principles contained in this ChapterCHAPTER 12 REGIONAL AND LOCAL GOVERNMENT…………………………….48Article 102 Structures of Regional and Local Government Article 103 Establishment of Regional CouncilsArticle 104 The Delimitation CommissionArticle 105 Composition of Regional Councils
Page-3-Article 106 Regional Council ElectionsArticle 107 Remuneration of Members of Regional CouncilsArticle 108 Powers of Regional CouncilsArticle 109 Management CommitteesArticle 110 Administration and Functioning of Regional Councils Article 111 Local AuthoritiesCHAPTER 13 THE PUBLIC SERVICE COMMISSION………………………………51Article 112 EstablishmentArticle 113 FunctionsCHAPTER 14THE SECURITY COMMISSION……………………………………52Article 114 Establishment and FunctionsCHAPTER 15 THE POLICE AND DEFENCE FORCES AND THE PRISON SERVICE…………52Article 115 Establishment of the Police ForceArticle 116 The inspector-General of PoliceArticle 117 Removal of the inspector-General of PoliceArticle 118 Establishment of the Defence ForceArticle 119 Chief of the Defence ForceArticle 120 Removal of the Chief of the Defence ForceArticle 121 Establishment of the Prison ServiceArticle 122 Commissioner of PrisonsArticle 123 Removal of Commissioner of PrisonsCHAPTER 16 FINANCE…………………………………………………..54Article 124 Transfer of Government AssetsArticle 125 The State Revenue fundArticle 126 AppropriationsArticle 127The Auditor-GeneralCHAPTER 17 CENTRAL BANK AND NATIONAL PLANNING COMMISSION………………55Article 128 The Central BankArticle 129 The National Planning CommissionCHAPTER 18 COMING INTO FORCE OF THE CONSTITUTION……………………….56Article 130Coming into Force of the ConstitutionCHAPTER 19 AMENDMENT OF THE CONSTITUTION……………………………..56Article 131 Entrenchment of Fundamental Rights and FreedomsArticle 132Repeal and Amendment of the ConstitutionCHAPTER 20 THE LAW IN FORCE AND TRANSITIONAL PROVISIONS…………………57Article 133 The First National AssemblyArticle 134 Election of the First PresidentArticle 135 Implementation of this ConstitutionArticle 136 Powers of the Nastional Assembly prior to the Election of a National Council Article 137 Elections of the First Regional Councils and the First National CouncilArticle 138 Courts and Pending ActionsArticle 139 The Judicial Service CommissionArticle 140 The Law in Force at the Date of IndependenceArticle 141 Existing AppointmentsArticle 142 Appointment of the First Chief of the Defence Force, the Firstinspector-General of Police and the first Commissioner of PrisonsArticle 143 Existing International AgreementsCHAPTER 21 FINAL PROVISIONS……………………………………………62Article 144 International LawArticle 145 SavingArticle 146 DefinitionsArticle 147 Repeal of LawsArticle 148 Short Title
-4-SCHEDULESPageSCHEDULE 1 OATH/AFFIRMATION OF JUDGES………………………64SCHEDULE 2 OATH/AFFIRMATION OF MINISTERS AND DEPUTY-MINISTERS..64SCHEDULE 3 OATH/AFFIRMATION OF THE NATIONAL ASSEMBLY ANDTHE NATIONAL COUNCIL……………………………64SCHEDULE 4 ELECTION OF MEMBERS OF THE NATIONAL ASSEMBLY…….65SCHEDULE 5 PROPERTY VESTING IN THE GOVERNMENT OF NAMIBIA……65SCHEDULE 6 THE NATIONAL FLAG OF THE REPUBLIC OF NAMIBIA………66SCHEDULE 7 IMPLEMENTATION OF THIS CONSTITUTION……………..66SCHEDULE 8 REPEAL OF LAWS…………………………………67AMENDMENTS TO THE CONSTITUTIONNamibian Constitution First Amendment Act, 1998…………………………68
-5-PREAMBLEWhereas recognition of the inherent dignity and of the equal and inalienable rights of allmembers 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 ofhappiness, regardless of race, colour, ethnic origin, sex, religion, creed or social or economicstatus;Whereas the said rights are most effectively maintained and protected in a democraticsociety, 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, racismand apartheid;are determined to adopt a Constitution which expresses for ourselves andour children our resolve to cherish and to protect the gains of our longstruggle;desire to promote amongst all of us the dignity of the individual and the unityand integrity of the Namibian nation among and in association with thenations of the world;will strive to achieve national reconciliation and to foster peace, unity and acommon loyalty to a single state;committed to these principles, have resolved to constitute the Republic ofNamibia as a sovereign, secular, democratic and unitary State securing toall our citizens justice, liberty, equality and fraternity,Now therefore, we the people of Namibia accept and adopt this Constitution as thefundamental law of our Sovereign and Independent Republic.
Table of Contents-6-CHAPTER 1The RepublicArticle 1Establishment 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 ruleof law and justice for all.(2)All power shall vest in the people of Namibia who shall exercise their sovereigntythrough the democratic institutions of the State. (3)The main organs of the State shall be the Executive, the Legislature and theJudiciary.(4)The national territory of Namibia shall consist of the whole of the territoryrecognised by the international community through the organs of the UnitedNations as Namibia, including the enclave, harbour and port of Walvis Bay, aswell as the off-shore islands of Namibia, and its southern boundary shall extendto 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 2National Symbols(1)Namibia shall have a National Flag, the description of which is set out in Schedule6 hereof.(2)Namibia shall have a National Coat of Arms, a National Anthem and a NationalSeal to be determined by Act of Parliament, which shall require a two-thirdsmajority of all the members of the National Assembly for adoption andamendment.(3)(a)The National Seal of the Republic of Namibia shall show the Coat of Armscircumscribed with the word “NAMIBIA” and the motto of the country, whichshall be determined by Act of Parliament as aforesaid.(b)The National Seal shall be in the custody of the President or such personwhom the President may designate for such purpose and shall be used onsuch 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 languageas a medium of instruction in private schools or in schools financed or subsidisedby the State, subject to compliance with such requirements as may be imposedby law, to ensure proficiency in the official language, or for pedagogic reasons.
Table of Contents-7-(3)Nothing contained in Sub-Article (1) hereof shall preclude legislation byParliament which permits the use of a language other than English for legislative,administrative and judicial purposes in regions or areas where such otherlanguage or languages are spoken by a substantial component of the population.CHAPTER 2CitizenshipArticle 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 ormothers would have been Namibian citizens at the time of the birth of suchpersons, if this Constitution had been in force at that time; and(b)those born in Namibia before the date of Independence, who are notNamibian citizens under Sub-Article (a) hereof, and whose fathers ormothers were ordinarily resident in Namibia at the time of the birth of suchpersons: provided that their fathers or mothers were not then persons:(aa)who were enjoying diplomatic immunity in Namibia under any lawrelating to diplomatic privileges; or(bb)who were career representatives of another country; or(cc)who were members of any police, military or security unit secondedfor service within Namibia by the Government of another country:provided further that this Sub-Article shall not apply to personsclaiming citizenship of Namibia by birth if such persons wereordinarily resident in Namibia at the date of Independence and hadbeen so resident for a continuous period of not less than five (5)years prior to such date, or if the fathers or mothers of such personsclaiming citizenship were ordinarily resident in Namibia at the date ofthe birth of such persons and had been so resident for a continuousperiod of not less than five (5) years prior to such date;(c)those born in Namibia after the date of Independence whose fathers ormothers 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 forcitizenship under Sub-Article (c) hereof, and whose fathers or mothers areordinarily 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 todiplomatic privileges; or(bb)Who are career representatives of another country; or(cc)who are members of any police, military or security unit seconded for
Table of Contents-8-service within Namibia by the Government of another country; or(dd)who are illegal immigrants:provided further that Sub-Articles (aa), (bb), (cc) and (dd) hereof will notapply 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 Sub-Article (1) hereof andwhose fathers or mothers at the time of the birth of such persons arecitizens of Namibia or whose fathers or mothers would have qualified forNamibian citizenship by birth under Sub-Article (1) hereof, if thisConstitution had been in force at that time; and(b)who comply with such requirements as to registration of citizenship as maybe required by Act of Parliament: provided that nothing in this Constitutionshall preclude Parliament from enacting legislation which requires the birthof such persons born after the date of Independence to be registered withina specific time either in Namibia or at an embassy, consulate or office of atrade 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 Sub-Article (1) or (2) hereof andwho:(aa)in good faith marry a Namibian citizen or, prior to the coming intoforce of this Constitution, in good faith married a person who wouldhave qualified for Namibian citizenship if this Constitution had beenin force; and(bb)subsequent to such marriage have ordinarily resided in Namibia asthe 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 Sub-Article (and without derogating from any effectthat it may have for any other purposes) a marriage by customary law shallbe deemed to be a marriage: provided that nothing in this Constitution shallpreclude Parliament from enacting legislation which defines therequirements which need to be satisfied for a marriage by customary lawto be recognised as such for the purposes of this Sub-Article.(4)Citizenship by registration may be claimed by persons who are not Namibiancitizens under Sub-Articles (1), (2) or (3) hereof and who were ordinarily residentin Namibia at the date of Independence, and had been so resident for acontinuous period of not less than five (5) years prior to such date: provided thatapplication for Namibian citizenship under this Sub-Article is made within a periodof twelve (12) months from the date of Independence, and prior to making suchapplication, such persons renounce the citizenship of any other country of whichthey are citizens.(5)Citizenship by naturalisation may be applied for by persons who are not Namibiancitizens under Sub-Articles(1), (2), (3) or (4) hereof and who:
Table of Contents-9-(a)are ordinarily resident in Namibia at the time when the application fornaturalisation is made; and(b)have been so resident in Namibia for a continuous period of not less thanfive (5) years (whether before or after the date of Independence); and(c)satisfy any other criteria pertaining to health, morality, security or legality ofresidence as may be prescribed by law.(6)Nothing contained herein shall preclude Parliament from authorizing by law theconferment of Namibian citizenship upon any fit and proper person by virtue ofany special skill or experience or commitment to or services rendered to theNamibian nation either before or at any time after the date of Independence.(7)Namibian citizenship shall be lost by persons who renounce their Namibiancitizenship by voluntarily signing a formal declaration to that effect.(8)Nothing in this Constitution shall preclude Parliament from enacting legislationproviding for the loss of Namibian citizenship by persons who, after the date ofIndependence:(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 anyother country without the written permission of the Namibian Government;or(c)have taken up permanent residence in any other country and haveabsented 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 citizen of Namibia by birth or descent may bedeprived of Namibian citizenship by such legislation.(9)Parliament shall be entitled to make further laws not inconsistent with thisConstitution regulating the acquisition or loss of Namibian citizenship.CHAPTER 3Fundamental Human Rights and FreedomsArticle 5Protection of Fundamental Rights and FreedomsThe fundamental rights and freedoms enshrined in this Chapter shall be respected and upheldby the Executive, Legislature and Judiciary and all organs of the Government and its agenciesand, where applicable to them, by all natural and legal persons in Namibia, and shall beenforceable by the Courts in the manner hereinafter prescribed.Article 6 Protection of LifeThe right to life shall be respected and protected. No law may prescribe death as a competent
Table of Contents-10-sentence. No Court or Tribunal shall have the power to impose a sentence of death upon anyperson. No executions shall take place in Namibia.Article 7 Protection of Liberty No persons shall be deprived of personal liberty except according to procedures establishedby law.Article 8 Respect for Human Dignity (1)The dignity of all personsshall beinviolable.(2)(a)In any judicial proceedings or in other proceedings before any organ of theState, and during the enforcement of a penalty, respect for human dignityshall be guaranteed.(b)No persons shall be subject to torture or to cruel, inhuman or degradingtreatment or punishment.Article 9 Slavery and Forced Labour(1)No persons shall be held in slavery or servitude.(2)No persons shall be required to perform forced labour.(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 notrequired in consequence of a sentence or order of a Court, is reasonablynecessary in the interests of hygiene;(c)any labour required of members of the defence force, the police force andthe prison service in pursuance of their duties as such or, in the case ofpersons who have conscientious objections to serving as members of thedefence force, any labour which they are required by law to perform inplace of such service;(d)any labour required during any period of public emergency or in the eventof any other emergency or calamity which threatens the life and well-beingof the community, to the extent that requiring such labour is reasonablyjustifiable in the circumstances of any situation arising or existing duringthat period or as a result of that other emergency or calamity, for thepurpose of dealing with that situation;(e)any labour reasonably required as part of reasonable and normalcommunal or other civic obligations.Article 10Equality and Freedom from Discrimination(1)All persons shall be equal before the law.
Table of Contents-11-(2)No persons may be discriminated against on the grounds of sex, race, colour,ethnic origin, religion, creed or social or economic status.Article 11Arrest 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 informedpromptly 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 thenearest Magistrate or other judicial officer within a period of forty-eight (48) hoursof 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 theauthority of a Magistrate or other judicial officer.(4)Nothing contained in Sub-Article (3) hereof shall apply to illegal immigrants heldin custody under any law dealing with illegal immigration: provided that suchpersons shall not be deported from Namibia unless deportation is authorised bya Tribunal empowered by law to give such authority.(5)No persons who have been arrested and held in custody as illegal immigrantsshall 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 accordancewith the law and is necessary in a democratic society in the interest of nationalsecurity or for public safety.Article 12 Fair Trial(1)(a)In the determination of their civil rights and obligations or any criminalcharges against them, all persons shall be entitled to a fair and publichearing by an independent, impartial and competent Court or Tribunalestablished by law: provided that such Court or Tribunal may exclude thepress 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 democraticsociety.(b)A trial referred to in Sub-Article (a) hereof shall take place within areasonable time, failing which the accused shall be released.(c)Judgments in criminal cases shall be given in public, except where theinterests of juvenile persons or morals otherwise require.(d)All persons charged with an offence shall be presumed innocent untilproven guilty according to law, after having had the opportunity of callingwitnesses and cross-examining those called against them.(e)All persons shall be afforded adequate time and facilities for the preparationand presentation of their defence, before the commencement of and duringtheir trial, and shall be entitled to be defended by a legal practitioner of theirchoice.(f)No persons shall be compelled to give testimony against themselves or
Table of Contents-12-their spouses, who shall include partners in a marriage by customary law,and no Court shall admit in evidence against such persons testimony whichhas been obtained from such persons in violation of Article 8(2)(b) hereof.(2)No persons shall be liable to be tried, convicted or punished again for any criminaloffence for which they have already been convicted or acquitted according to law:provided that nothing in this Sub-Article shall be construed as changing theprovisions of the common law defences of “previous acquittal” and “previousconviction”.(3)No persons shall be tried or convicted for any criminal offence or on account ofany act or omission which did not constitute a criminal offence at the time whenit was committed, nor shall a penalty be imposed exceeding that which wasapplicable at the time when the offence was committed.Article 13Privacy(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 isnecessary in a democratic society in the interests of national security, publicsafety or the economic well-being of the country, for the protection of health ormorals, for the prevention of disorder or crime or for the protection of the rightsor freedoms of others.(2) Searches 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 thedanger of prejudicing the objects of the search or the public interest, andsuch procedures as are prescribed by Act of Parliament to preclude abuseare properly satisfied.Article 14Family(1)Men and women of full age, without any limitation due to race, colour, ethnicorigin, nationality, religion, creed or social or economic status shall have the rightto marry and to found a family. They shall be entitled to equal rights as tomarriage, during marriage and at its dissolution.(2)Marriage shall be entered into only with the free and full consent of the intendingspouses.(3)The family is the natural and fundamental group unit of society and is entitled toprotection 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 nationalityand, subject to legislation enacted in the best interests of children, as far aspossible the right to know and be cared for by their parents.
Table of Contents-13-(2)Children are entitled to be protected from economic exploitation and shall not beemployed in or required to perform work that is likely to be hazardous or tointerfere with their education, or to be harmful to their health or physical, mental,spiritual, moral or social development. For the purposes of this SubArticle childrenshall be persons under the age of sixteen (16) years.(3) No children under the age of fourteen (14) years shall be employed to work in anyfactory or mine, save under conditions and circumstances regulated by Act ofParliament. Nothing in this Sub-Article shall be construed as derogating in anyway from Sub-Article (2) hereof.(4) Any arrangement or scheme employed on any farm or other undertaking, theobject or effect of which is to compel the minor children of an employee to workfor or in the interest of the employer of such employee, shall for the purposes ofArticle 9 hereof be deemed to constitute an arrangement or scheme to compelthe performance of forced labour.(5) No law authorising preventive detention shall permit children under the age ofsixteen (16) years to be detained.Article 16 Property(1)All persons shall have the right in any part of Namibia to acquire, own anddispose of all forms of immovable and movable property individually or inassociation with others and to bequeath their property to their heirs or legatees:provided that Parliament may by legislation prohibit or regulate as it deemsexpedient 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 expropriateproperty in the public interest subject to the payment of just compensation, inaccordance with requirements and procedures to be determined by Act ofParliament.Article 17Political Activity(1)All citizens shall have the right to participate in peaceful political activity intendedto influence the composition and policies of the Government. All citizens shallhave the right to form and join political parties and; subject to such qualificationsprescribed by law as are necessary in a democratic societyi to participate in theconduct of public affairs, whether directly or through freely chosenrepresentatives.(2) Every citizen who has reached the age of eighteen (18) years shall have the rightto vote and who has reached the age of twenty-one (21) years to be elected topublic office, unless otherwise provided herein.(3)The rights guaranteed by Sub-Article (2) hereof may only be abrogated,suspended or be impinged upon by Parliament in respect of specified categoriesof persons on such grounds of infirmity or on such grounds of public interest ormorality as are necessary in a democratic society.
Table of Contents-14-Article 18Administrative JusticeAdministrative bodies and administrative officials shall act fairly and reasonably and complywith the requirements imposed upon such bodies and officials by common law and anyrelevant legislation, and persons aggrieved by the exercise of such acts and decisions shallhave the right to seek redress before a competent Court or Tribunal.Article 19 CultureEvery person shall be entitled to enjoy, practise, profess, maintain and promote any culture,language, tradition or religion subject to the terms of this Constitution and further subject tothe condition that the rights protected by this Article do not impinge upon the rights of othersor the national interest.Article 20Education(1) All persons shall have the right to education.(2) Primary education shall be compulsory and the State shall provide reasonablefacilities to render effective this right for every resident within Namibia, byestablishing and maintaining State schools at which primary education will beprovided free of charge.(3) Children shall not be allowed to leave school until they have completed theirprimary education or have attained the age of sixteen (16) years, whichever is thesooner, save in so far as this may be authorised by Act of Parliament on groundsof health or other considerations pertaining to the public interest.(4) All persons shall have the right, at their own expense, to establish and to maintainprivate schools, or colleges or other institutions of tertiary education: providedthat:(a)such schools, colleges or institutions of tertiary education are registeredwith a Government department in accordance with any law authorising andregulating such registration;(b)the standards maintained by such schools, colleges or institutions of tertiaryeducation are not inferior to the standards maintained in comparableschools, colleges or institutions of tertiary education fundedpy the State;(c)no restrictions of whatever nature are imposed with respect to theadmission of pupils based on race, colour or creed;(d)no restrictions of whatever nature are imposed with respect to therecruitment of staff based on race or colour.Article 21Fundamental Freedoms(1) All persons shall have the right to:
Table of Contents-15-(a)freedom of speech and expression, which shall include freedom of thepress and other media;(b)freedom of thought, conscience and belief, which shall include academicfreedom in institutions of higher learning; (c)freedom to practise any religion and to manifest such practice; (d) assemble peaceably and without arms; (e)freedom of association, which shall include freedom to form and joinassociations or unions, including trade unions and political parties; (f)withhold their labour 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)practise any profession, or carry on any occupation, trade or business.(2)The fundamental freedoms referred to in Sub-Article (1) hereof shall be exercisedsubject to the law of Namibia, in so far as such law imposes reasonablerestrictions on the exercise of the rights and freedoms conferred by the saidSub-Article, which are necessary in a democratic society and are required in theinterests of the sovereignty and integrity of Namibia, national security, publicorder, decency or morality, or in relation to contempt of court, defamation orincitement to an offence.Article 22Limitation upon Fundamental Rights and FreedomsWhenever or wherever in terms of this Constitution the limitation of any fundamental rights orfreedoms contemplated by this Chapter is authorised, any law providing for such limitationshall:(a)be of general application, shall not negate the essential content thereof,and shall not be aimed at a particular individual;(b)specify the ascertainable extent of such limitation and identify the Article orArticles hereof on which authority to enact such limitation is claimed to rest.Article 23Apartheid and Affirmative Action(1)The practice of racial discrimination and the practice and ideology of apartheidfrom which the majority of the people of Namibia have suffered for so long shallbe prohibited and by Act of Parliament such practices, and the propagation ofsuch practices, may be rendered criminally punishable by the ordinary Courts bymeans of such punishment as Parliament deems necessary for the purposes ofexpressing the revulsion of the Namibian people at such practices.
Table of Contents-16-(2)Nothing contained in Article 10 hereof shall prevent Parliament from enactinglegislation providing directly or indirectly for the advancement of persons withinNamibia who have been socially, economically or educationally disadvantaged bypast discriminatory laws or practices, or for the implementation of policies andprogrammes aimed at redressing social, economic or educational imbalances inthe Namibian society arising out of past discriminatory laws or practices, or forachieving a balanced structuring of the public service, the police force, thedefence force, and the prison service.(3)In the enactment of legislation and the application of any policies and practicescontemplated by Sub-Article (2) hereof, it shall be permissible to have regard tothe fact that women in Namibia have traditionally suffered special discriminationand that they need to be encouraged and enabled to play a full, equal andeffective role in the political, social, economic and cultural life of the nation.Article 24Derogation(1)Nothing contained in or done under the authority of Article 26 hereof shall be heldto be inconsistent with or in contravention of this Constitution to the extent that itauthorises the taking of measures during any period when Namibia is in a stateof national defence or any period when a declaration of emergency under thisConstitution is in force.(2)Where any persons are detained by virtue of such authorisation as is referred toin Sub-Article (1) hereof, the following provisions shall apply:(a)they shall, as soon as reasonably practicable and in any case not more thanfive (5) days after the commencement of their detention, be furnished witha statement in writing in a language that they understand specifying in detailthe grounds upon which they are detained and, at their request, thisstatement shall be read to them;(b)not more than fourteen (14) days after the commencement of theirdetention, a notification shall be published in the Gazette stating that theyhave been detained and giving particulars of the provision of law underwhich their detention is authorised;(c)not more than one (1) month after the commencement of their detentionand thereafter during their detention at intervals of not more than three (3)months, their cases shall be reviewed by the Advisory Board referred to inArticle 26 (5)(c) hereof, which shall order their release from detention if it issatisfied that it is not reasonably necessary for the purposes of theemergency to continue the detention of such persons;(d)they shall be afforded such opportunity for the making of representationsas may be desirable or expedient in the circumstances, having regard to thepublic interest and the interests of the detained persons.(3) Nothing contained in this Article shall permit a derogation from or suspension ofthe 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) hereof, or the denial of access by anypersons to legal practitioners or a Court of law.
Table of Contents-17-Article 25Enforcement of Fundamental Rights and Freedoms(1)Save in so far as it may be authorised to do so by this Constitution, Parliament orany subordinate legislative authority shall not make any law, and the Executiveand the agencies of Government shall not take any action which abolishes orabridges the fundamental rights and freedoms conferred by this Chapter, and anylaw or action in contravention thereof shall to the extent of the contravention beinvalid: 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 allowParliament, any subordinate legislative authority, or the Executive and theagencies of Government, as the case may be, to correct any defect in theimpugned law or action within a specified period, subject to such conditionsas may be specified by it. In such event and until such correction, or untilthe expiry of the time limit set by the Court, whichever be the shorter, suchimpugned law or action shall be deemed to be valid;(b)any law which was in force immediately before the date of Independenceshall remain in force until amended, repealed or declared unconstitutional.If a competent Court is of the opinion that such law is unconstitutional, itmay either set aside the law, or allow Parliament to correct any defect insuch law, in which event the provisions of Sub-Article (a) hereof shall apply.(2)Aggrieved persons who claim that a fundamental right or freedom guaranteed bythis Constitution has been infringed or threatened shall be entitled to approacha competent Court to enforce or protect such a right or freedom, and mayapproach the Ombudsman to provide them with such legal assistance or adviceas they require, and the Ombudsman shall have the discretion in responsethereto to provide such legal or other assistance as he or she may considerexpedient.(3)Subject to the provisions of this Constitution, the Court referred to in SubArticle(2) hereof shall have the power to make all such orders as shall be necessary andappropriate to secure such applicants the enjoyment of the rights and freedomsconferred on them under the provisions of this Constitution, should the Courtcome to the conclusion that such rights or freedoms have been unlawfully deniedor violated, or that grounds exist for the protection of such rights or freedoms byinterdict.(4)The power of the Court shall include the power to award monetary compensationin respect of any damage suffered by the aggrieved persons in consequence ofsuch unlawful denial or violation of their fundamental rights and freedoms, whereit considers such an award to be appropriate in the circumstances of particularcases.
Table of Contents-18-CHAPTER 4Public Emergency, State of National Defence and Martial LawArticle 26State of Emergency, State of National Defence and Martial Law(1)At a time of national disaster or during a state of national defence or publicemergency threatening the life of the nation or the constitutional order, thePresident may by Proclamation in the Gazette declare that a state of emergencyexists in Namibia or any part thereof.(2)A declaration under Sub-Article (1) hereof, if not sooner revoked, shall cease tohave effect:(a)in the case of a declaration made when the National Assembly is sitting orhas been summoned to meet, at the expiration of a period of seven (7) daysafter publication of the declaration; or(b)in any other case, at the expiration of a period of thirty (30) days afterpublication of the declaration;unless before the expiration of that period, it is approved by a resolution passedby the National Assembly by a two-thirds majority of all its members.(3)Subject to the provisions of Sub-Article (4) hereof, a declaration approved by aresolution of the National Assembly under Sub-Article (2) hereof shall continueto be in force until the expiration of a period of six (6) months after being soapproved or until such earlier date as may be specified in the resolution: providedthat the National Assembly may, by resolution by a two-thirds majority of all itsmembers, 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 declarationapproved by it in terms of this Article.(5)(a)During a state of emergency in terms of this Article or when a state ofnational defence prevails, the President shall have the power byProclamation to make such regulations as in his or her opinion arenecessary for the protection of national security, public safety and themaintenance of law and order.(b)The powers of the President to make such regulations shall include thepower to suspend the operation of any rule of the common law or statuteor any fundamental right or freedom protected by this Constitution, for suchperiod and subject to such conditions as are reasonably justifiable for thepurpose of dealing with the situation which has given rise to the emergency:provided that nothing in this Sub-Article shall enable the President to actcontrary to the provisions of Article 24 hereof.(c)Where any regulation made under Sub-Article (b) hereof provides fordetention without trial, provision shall also be made for an Advisory Board,to be appointed by the President on the recommendation of the JudicialService Commission, and consisting of no more than five (5) persons, ofwhom no fewer than three (3) persons shall be Judges of the Supreme
Table of Contents-19-Court or the High Court or qualified to be such. The Advisory Board shallperform the function set out in Article 24 (2)(c) hereof.(6) Any regulations made by the President pursuant to the provisions of SubArticle(5) hereof shall cease to have legal force if they have not been approved by aresolution of the National Assembly within fourteen (14) days from the date whenthe National Assembly first sits in session after the date of the commencementof any such regulations.(7) The President shall have the power to proclaim or terminate martial law. Martiallaw may be proclaimed only when a state of national defence involving anothercountry exists or when civil war prevails in Namibia: provided that anyproclamation of martial law shall cease to be valid if it is not approved within areasonable time by a resolution passed by a two-thirds majority of all themembers of the National Assembly.CHAPTER 5The PresidentArticle 27Head of State and Government(1) The President shall be the Head of State and of the Government and theCommander-in-Chief of the Defence Force.(2) The executive power of the Republic of Namibia shall vest in the President andthe Cabinet.(3) Except as may be otherwise provided in this Constitution or by law, the Presidentshall in the exercise of his or her functions be obliged to act in consultation withthe Cabinet.Article 28Election (1) The President shall be elected in accordance with the provisions of thisConstitution 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 determinedby Act of Parliament: provided that no person shall be elected as Presidentunless he or she has received more than fifty (50) per cent of the votes castand the necessary number of ballots shall be conducted until such result isreached.(3) Every citizen of Namibia by birth or 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
Table of Contents-20-shall be eligible for election as President.(4)The procedures to be followed for the nomination of candidates for election asPresident, and for all matters necessary and incidental to ensure the free, fair andeffective election of a President, shall be determined by Act of Parliament:provided that any registered political party shall be entitled to nominate acandidate, and any person supported by a minimum number of registered votersto be determined by Act of Parliament shall also be entitled to be nominated asa candidate.Article 29Term of Office(1)(a)The President’s term of office shall be five (5) years unless he or she diesor 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 thecircumstances provided for under Article 57(1) hereof, the President’s termof office shall also expire.(2)A President shall be removed from office if a two-thirds majority of all themembers of the National Assembly, confirmed by a two-thirds majority of all themembers of the National Council, adopts a resolution impeaching the Presidenton the ground that he or she has been guilty of a violation of the Constitution orguilty of a serious violation of the laws of the land or otherwise guilty of suchgross misconduct or ineptitude as to render him or her unfit to hold with dignityand honour 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 asfollows:(a)if the vacancy occurs not more than one (1) year before the date onwhich Presidential elections are required to be held, the vacancy shall befilled in accordance with the provisions of Article 34 hereof;(b)if the vacancy occurs more than one (1) year before the date on whichPresidential elections are required to be held, an election for the Presidentshall be held in accordance with the provisions of Article 28 hereof withina period of ninety (90) days from the date on which the vacancy occurred,and pending such election the vacant office shall be filled in accordancewith the provisions of Article 34 hereof.(5)If the President dissolves the National Assembly under Articles 32(3)(a) and 57(1)hereof, a new election for President shall be held in accordance with theprovisions of Article 28 hereof within ninety (90) days, and pending such electionthe President shall remain in office, and the provisions of Article 58 hereof shallbe applicable.(6)If a person becomes President under Sub-Article (4) hereof, the period of timeduring which he or she holds office consequent upon such election or successionshall not be regarded as a term for the purposes of Sub-Article (3) hereof.
Table of Contents-21-Article 30Oath or AffirmationBefore formally assuming office, a President-elect shall make the following oath or affirmationwhich shall be administered by the Chief Justice or a Judge designated by the Chief Justicefor this purpose:“l, ……………………………… do hereby swear/solemnly affirm,That I will strive to the best of my ability to uphold, protect and defend as theSupreme 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 thematerial and spiritual resources of the Republic of Namibia; andThat I will endeavour to the best of my ability to ensure justice for all theinhabitants of the Republic of Namibia. (in the case of an oath) So help me God.”Article 31Immunity from Civil and Criminal Proceedings(1)No person holding the office of President or performing the functions of Presidentmay be sued in any civil proceedings save where such proceedings concern anact done in his or her official capacity as President.(2)No person holding the office of President shall be charged with any criminaloffence or be amenable to the criminal jurisdiction of any Court in respect of anyact allegedly performed, or any omission to perform any act, during his or hertenure 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 civilproceedings in respect of any act done in his or her official capacity asPresident;(b)a civil or criminal Court shall only have jurisdiction to entertain proceedingsagainst him or her, in respect of acts of commission or omission alleged tohave been perpetrated in his or her personal capacity whilst holding officeas President, if Parliament by resolution has removed the President on thegrounds specified in this Constitution and if a resolution is adopted byParliament resolving that any such proceedings are justified in the publicinterest notwithstanding any damage such proceedings might cause to thedignity of the office of President.Article 32Functions, Powers and Duties(1)As the Head of State, the President shall uphold, protect and defend theConstitution as the Supreme Law, and shall perform with dignity and leadership
Table of Contents-22-all acts necessary, expedient, reasonable and incidental to the discharge of theexecutive functions of the Government, subject to the overriding terms of thisConstitution and the laws of Namibia, which he or she is constitutionally obligedto protect, to administer and to execute.(2)In accordance with the responsibility of the executive branch of Government tothe legislative branch, the President and the Cabinet shall each year dur ing theconsideration of the official budget attend Parliament. During such session thePresident shall address Parliament on the state of the nation and on the futurepolicies of the Government, shall report on the policies of the previous year andshall be available to respond to questions.(3)Without derogating from the generality of the functions and powers contemplatedby Sub-Article (1) hereof, the President shall preside over meetings of the Cabinetand shall have the power, subject to this Constitution to:(a)dissolve the National Assembly by Proclamation in the circumstancesprovided for in Article 57(1) hereof;(b)determine the times for the holding of special sessions of the NationalAssembly, 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 suchconditions 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 shallbe exercised subject to the terms of Article 26(7) hereof;(g)establish and dissolve such Government departments and ministries as thePresident may at any time consider to be necessary or expedient for thegood government of Namibia;(h)confer such honours as the President considers appropriate on citizens,residents and friends of Namibia in consultation with interested and relevantpersons 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 provisionof this Constitution or any other law to be appointed by the President.
Table of Contents-23-(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 otherJudges 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 lawspassed by Parliament and the promulgation and publication of such laws in theGazette, the President shall have the power to:(a)sign and promulgate any Proclamation which by law he or she is entitled toproclaim as President;(b)initiate, in so far as he or she considers it necessary and expedient, laws forsubmission 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, skillor experience.(6)Subject to the provisions of this Constitution or any other law, any personappointed by the President pursuant to the powers vested in him or her by thisConstitution or any other law may be removed by the President by the sameprocess through which such person was appointed.(7)Subject to the provisions of this Constitution and of any other law of applicationin this matter, the President may, in consultation with the Cabinet and on therecommendation of the Public Service Commission:(a)constitute any office in the public service of Namibia not otherwise providedfor 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 andconditions of his or her service.
Table of Contents-24-(8)All appointments made and actions taken under Sub-Articles (3),(4),(5),(6) and(7) hereof shall be announced by the President by Proclamation in the Gazette.(9)Subject to the provisions of this Constitution and save where this Constitutionotherwise provides, any action taken by the President pursuant to any powervested in the President by the terms of this Article shall be capable of beingreviewed, reversed or corrected on such terms as are deemed expedient andproper should there be a resolution proposed by at least one-third of all themembers of the National Assembly and passed by a two-thirds majority of all themembers of the National Assembly disapproving any such action and resolvingto review, reverse or correct it.(10) Notwithstanding the review, reversal or correction of any action in terms ofSub-Article (9) hereof, all actions performed pursuant to any such action duringthe period preceding such review, reversal or correction shall be deemed to bevalid and effective in law, until and unless Parliament otherwise enacts.Article 33RemunerationProvision shall be made by Act of Parliament for the payment out of the State Revenue Fundof remuneration and allowances for the President, as well as for the payment of pensions toformer Presidents and, in the case of their deaths, to their surviving spouses.Article 34Succession(1)If the office of President becomes vacant or if the President is otherwise unableto fulfil the duties of the office, the following persons shall in the order providedfor in this Sub-Article act as President for the unexpired portion of the President’sterm of office or until the President is able to resume office, whichever is theearlier:(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 thePresident because of a temporary absence from the country or because ofpressure of work, the President shall be entitled to nominate any personenumerated in Sub-Article (1) hereof to deputise for him or her in respect of suchspecific occasions or such specific matters and for such specific periods as in hisor her discretion may be considered wise and expedient, subject to consultationwith the Cabinet.
Table of Contents-25-CHAPTER 6The CabinetArticle 35 Composition(1)The Cabinet shall consist of the President, the Prime Minister and such otherMinisters as the President may appoint from the members of the NationalAssembly, including members nominated under Article 46(1)(b) hereof, for thepurposes of administering and executing the functions of the Government.(2)The President may also appoint a Deputy-Prime Minister to perform suchfunctions as may be assigned to him or her by the President or the PrimeMinister.(3)The President or, in his or her absence, the Prime Minister or other Ministerdesignated for this purpose by the President, shall preside at meetings of theCabinet.Article 36Functions of the Prime MinisterThe Prime Minister shall be the leader of Government business in Parliament, shallco-ordinate the work of the Cabinet and shall advise and assist the President in the executionof the functions of Government.Article 37Deputy-MinistersThe President may appoint from the members of the National Assembly, including membersnominated under Article 46(1)(b) hereof, and the National Council such Deputy-Ministers ashe or she may consider expedient, to exercise or perform on behalf of Ministers any of thepowers, functions and duties which may have been assigned to such Ministers.Article 38Oath or AffirmationBefore assuming office, a Minister or Deputy-Minister shall make and subscribe to an oath orsolemn affirmation before the President or a person designated by the President for thispurpose, in the terms set out in Schedule 2 hereof.Article 39Vote of No ConfidenceThe 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 inthat member.
Table of Contents-26-Article 40Duties and FunctionsThe members of the Cabinet shall have the following functions:(a)to direct, co-ordinate and supervise the activities of Ministries andGovernment departments including para-statal enterprises, and to reviewand advise the President and the National Assembly on the desirability andwisdom of any prevailing subordinate legislation, regulations or orderspertaining to such para-statal enterprises, regard being had to the publicinterest;(b)to initiate bills for submission to the National Assembly;(c)to formulate, explain and assess for the National Assembly the budget ofthe State and its economic development plans and to report to the NationalAssembly thereon;(d)to carry out such other functions as are assigned to them by law or areincidental to such assignment;(e)to attend meetings of the National Assembly and to be available for thepurposes 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 economicorganisations, institutions and para-statal enterprises on behalf of the Stateas are directed or authorised by law;(g) to formulate, explain and analyse for the members of the National Assemblythe goals of Namibian foreign policy and its relations with other States andto report to the National Assembly thereon;(h) to formulate, explain and analyse for the members of the National Assemblythe directions and content of foreign trade policy and to report to theNational Assembly thereon;(i)to assist the President in determining what international agreements are tobe concluded, acceded to or succeeded to and to report to the NationalAssembly thereon;(j)to advise the President on the state of national defence and themaintenance of law and order and to inform the National Assembly thereon;(k) to issue notices, instructions and directives to facilitate the implementationand administration of laws administered by the Executive, subject to theterms of this Constitution or any other law;(I)to remain vigilant and vigorous for the purposes of ensuring that thescourges of apartheid, tribalism and colonialism do not again manifestthemselves in any form in a free and independent Namibia and to protectand assist disadvantaged citizens of Namibia who have historically been thevictims of these pathologies.
Table of Contents-27-Article 41Ministerial AccountabilityAll Ministers shall be accountable individually for the administration of their own Ministries andcollectively for the administration of the work of the Cabinet, both to the President and toParliament.Article 42Outside Employment(1)During their tenure of office as members of the Cabinet, Ministers may not takeup any other paid employment, engage in activities inconsistent with theirpositions as Ministers, or expose themselves to any situation which carries withit the risk of a conflict developing between their interests as Ministers and theirprivate interests.(2)No members of the Cabinet shall use their positions as such or use informationentrusted to them confidentially as such members of the Cabinet, directly orindirectly to enrich themselves.Article 43Secretary to the Cabinet(1)There shall be a Secretary to the Cabinet who shall be appointed by the Presidentand who shall perform such functions as may be determined by law and suchfunctions as are from time to time assigned to the Secretary by the President orthe Prime Minister. Upon appointment by the President, the Secretary shall bedeemed to have been appointed to such office on the recommendation of thePublic 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 7The National AssemblyArticle 44Legislative PowerThe legislative power of Namibia shall be vested in the National Assembly with the power topass laws with the assent of the President as provided in this Constitution subject, whereapplicable, to the powers and functions of the National Council as set out in this Constitution.Article 45Representative NatureThe members of the National Assembly shall be representative of all the people and shall inthe performance of their duties be guided by the objectives of this Constitution, by the publicinterest and by their conscience.
Table of Contents-28-Article 46Composition(1)The composition of the National Assembly shall be as follows:(a)seventy-two (72) members to be elected by the registered voters bygeneral, direct and secret ballot. Every Namibian citizen who has thequalifications described in Article 17 hereof shall be entitled to vote in theelections for members of the National Assembly and, subject to Article 47hereof, shall be eligible for candidature as a member of the NationalAssembly;(b)not more than six (6) persons appointed by the President under Article32(5)(c) hereof, by virtue of their special expertise, status, skill orexperience: provided that such members shall have no yote in the NationalAssembly, and shall not be taken into account for the purpose ofdetermining any specific majorities that are required under this Constitutionor any other law.(2)Subject to the principles referred to in Article 49 hereof, the members of theNational Assembly referred to in Sub-Article (1)(a) hereof shall be elected inaccordance with procedures to be determined by Act of Parliament.Article 47Disqualification 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 inNamibia, or outside Namibia if such conduct would have constituted anoffence within Namibia, and for which they have been sentenced to deathor to imprisonment of more than twelve (12) months without the option ofa fine, unless they have received a free pardon or unless suchimprisonment has expired at least ten (10) years before the date of theirelection; or(b)have at any time prior to Independence been convicted of an offence, ifsuch conduct would have constituted an offence within Namibia afterIndependence, and for which they have been sentenced to death or toimprisonment of more than twelve (12) months without the option of a fine,unless they have received a free pardon or unless such imprisonment hasexpired at least ten (10) years before the date of their election: providedthat no person sentenced to death or imprisonment for acts committed inconnection with the struggle for the independence of Namibia shall bedisqualified under this Sub-Article from being elected as a member of theNational 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 LocalAuthorities.
Table of Contents-29-(2) For the purposes of Sub-Article (1) hereof:(a)no person shall be considered as having been convicted by any Court untilany appeal which might have been noted against the conviction or sentencehas been determined, or the time for noting an appeal against suchconviction has expired;(b)the public service shall be deemed to include the defence force, the policeforce, the prison service, para-statal enterprises, Regional Councils andLocal Authorities.Article 48Vacation 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 bemembers of the National Assembly;(b)if the political party which nominated them to sit in the National Assemblyinforms the Speaker that such members are no longer members of suchpolitical 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 andstanding orders permitting or requiring such removal for good and sufficientreasons;(e)if they are absent during sittings of the National Assembly for ten (10)consecutive sitting days, without having obtained the special leave of theNational 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 SubArticle(1) hereof, the political party which nominated such member to sit in the NationalAssembly shall be entitled to fill the vacancy by nominating any person on theparty’s election list compiled for the previous general election, or if there be nosuch person, by nominating any member of the party.Article 49ElectionsThe election of members in terms of Article 46(1)(a) hereof shall be on party lists and inaccordance with the principles of proportional representation as set out in Schedule 4 hereof.Article 50DurationEvery National Assembly shall continue for a maximum period of five (5) years, but it maybefore the expiry of its term be dissolved by the President by Proclamation as provided for inArticles 32(3)(a) and 57(1) hereof.
Table of Contents-30-Article 51Speaker(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. TheNational Assembly shall then elect another member as Deputy-Speaker. TheDeputy-Speaker shall act as Speaker whenever the Speaker is not available.(2) The Speaker or Deputy-Speaker shall cease to hole! office if he or she ceases tobe a member of the National Assembly. The Speaker or Deputy-Speaker may beremoved from office by resolution of the National Assembly, and may resign fromoffice or from the National Assembly in writing addressed to the Secretary of theNational Assembly.(3) When the office of Speaker or Deputy-Speaker becomes vacant the NationalAssembly shall elect a member to fill the vacancy.(4) When neither the Speaker nor the Deputy-Speaker is available for duty, theNational Assembly, with the Secretary acting as Chairperson, shall elect amember to act as Speaker.Article 52Secretary and other Officers(1)Subject to the provisions of the laws pertaining to the public service and thedirectives of the National Assembly, the Speaker shall appoint a person (ordesignate a person in the public service made available for that purpose), as theSecretary of the National Assembly, who shall perform the functions and dutiesassigned to such Secretary by this Constitution or by the Speaker.(2) Subject to the laws governing the control of public monies, the Secretary shallperform 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 bepersons in the public service made available for that purpose.Article 53QuorumThe 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 meetingof the National Assembly for the exercise of its powers and the performance of its functions.Article 54Casting VoteIn the case of an equality of votes in the National Assembly, the Speaker or theDeputy-Speaker or the presiding member shall have and may exercise a casting vote.Article 55Oath or AffirmationEvery member of the National Assembly shall make and subscribe to an oath or solemn
Table of Contents-31-affirmation before the Chief Justice or a Judge designated by the Chief Justice for thispurpose, in the terms set out in Schedule 3 hereof.Article 56Assent to Bills(1) Every bill passed by Parliament in terms of this Constitution in order to acquirethe status of an Act of Parliament shall require the assent of the President to besignified 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 theNational Assembly and has been confirmed by the National Council the Presidentshall 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 butsuch majority consists of less than two-thirds of all the members of the NationalAssembly and has been confirmed by the National Council, but the Presidentdeclines to assent to such bill, the President shall communicate such dissent tothe Speaker.(4) If the President has declined to assent to a bill under Sub-Article (3) hereof, theNational Assembly may reconsider the bill and, if it so decides, pass the bill in theform in which it was referred back to it, or in an amended form or it may declineto pass the bill. Should the bill then be passed by a majority of the NationalAssembly it will not require further confirmation by the National Council but, if themajority consists of less than two-thirds of all the members of the NationalAssembly, 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 57Dissolution(1)The National Assembly may be dissolved by the President on the advice of theCabinet if the Government is unable to govern effectively.(2)Should the National Assembly be dissolved a national election for a new NationalAssembly and a new President shall take place within a period of ninety (90) daysfrom the date of such dissolution.Article 58Conduct of Business after DissolutionNotwithstanding the provisions of Article 57 hereof:(a)every person who at the date of its dissolution was a member of theNational Assembly shall remain a member of the National Assembly andremain competent to perform the functions of a member until the dayimmediately preceding the first polling day for the election held inpursuance of such dissolution;(b)the President shall have power to summon Parliament for the conduct ofbusiness during the period following such dissolution, up to and includingthe day immediately preceding the first polling day for the election held in
Table of Contents-32-pursuance of such dissolution, in the same manner and in all respects asif the dissolution had not occurred.Article 59Rules of Procedure, Committees and Standing Orders(1) The National Assembly may make such rules of procedure for the conduct of itsbusiness 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 suchdisclosure as may be considered to be appropriate in regard to the financial orbusiness affairs of its members.(3) For the purposes of exercising its powers and performing its functions anycommittee of the National Assembly established in terms of Sub-Article (1) hereofshall have the power to subpoena persons to appear before it to give evidenceon oath and to produce any documents required by it.Article 60Duties, 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 imageof the National Assembly both during the sittings of the National Assemblyas well as in their acts and activities outside the National Assembly;(b)all members of the National Assembly shall regard themselves as servantsof the people of Namibia and desist from any conduct by which they seekimproperly to enrich themselves or alienate themselves from the people.(2) A private members’ bill may be introduced in the National Assembly if supportedby one-third of all the members of the National Assembly.(3) Rules providing for the privileges and immunities of members of the NationalAssembly shall be made by Act of Parliament and all members shall be entitledto the protection of such privileges and immunities.Article 61Public Access to Sittings(1)Save as provided in Sub-Article (2) hereof, all meetings of the National Assemblyshall be held in public and members of the public shall have access to suchmeetings.(2)Access by members of the public in terms of Sub-Article (1) hereof may bedenied if the National Assembly adopts a motion supported by two-thirds of all itsmembers excluding such access to members of the public for specified periodsor in respect of specified matters. Such a motion shall only be considered if it issupported by at least one-tenth of all the members of the National Assembly andthe debate on such motion shall not be open to members of the public.
Table of Contents-33-Article 62Sessions(1)The National Assembly shall sit:(a)at its usual place of sitting determined by the National Assembly, unless theSpeaker directs otherwise on the grounds of public interest, security orconvenience;(b)for at least two (2) sessions during each year, to commence and terminateon such dates as the National Assembly from time to time determines;(c) for such special sessions as directed by Proclamation by the President fromtime to time.(2)During such sessions the National Assembly shall sit on such days and duringsuch times of the day or night as the National Assembly by its rules and standingorders may provide.(3)The day of commencement of any session of the National Assembly may bealtered by Proclamation by the President, if the President is requested to do soby the Speaker on grounds of public interest or convenience.Article 63Functions 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 thepeace, order and good government of thecountry in the best interest of the peopleof Namibia.(2)The National Assembly shall further have the power and function, subject to thisConstitution:(a)to approve budgets for the effective government and administration of thecountry;(b)to provide for revenue and taxation;(c) to take such steps as it considers expedient to uphold and defend thisConstitution and the laws of Namibia and to advance the objectives ofNamibian independence;(d)to consider and decide whether or not to succeed to such internationalagreements as may have been entered into prior to Independence byadministrations within Namibia in which the majority of the Namibian peoplehave historically not enjoyed democratic representation and participation;(e) to agree to the ratification of or accession to international agreements whichhave been negotiated and signed in terms of Article 32(3)(e) hereof;(f)to receive reports on the activities of the Executive, including para-statalenterprises, and from time to time to require any senior official thereof toappear before any of the committees of the National Assembly to accountfor and explain his or her acts and programmes;
Table of Contents-34-(g)to initiate, approve or decide to hold a referendum on matters of nationalconcern;(h)to debate and to advise the President in regard to any matters which by thisConstitution the President is authorised to deal with;(i)to remain vigilant and vigorous for the purposes of ensuring that thescourges of apartheid, tribalism and colonialism do not again manifestthemselves in any form in a free and independent Namibia and to protectand assist disadvantaged citizens of Namibia who have historically been thevictims of these pathologies;(j)generally to exercise any other functions and powers assigned to it by thisConstitution or any other law and any other functions incidental thereto.Article 64Withholding of Presidential Assent(1) Subject to the provisions of this Constitution, the President shall be entitled towithhold his or her assent to a bill approved by the National Assembly if in thePresident’s opinion such bill would upon adoption conflict with the provisions ofthis Constitution.(2)Should the President withhold assent on the grounds of such opinion, he or sheshall so inform the Speaker who shall inform the National Assembly thereof, andthe Attorney-General, who may then take appropriate steps to have the matterdecided by a competent Court.(3)Should such Court thereafter conclude that such bill is not in conflict with theprovisions of this Constitution, the President shall assent to the said bill if it waspassed by the National Assembly by a two-thirds majority of all its members. If thebill was not passed with such majority, the President may withhold his or herassent to the bill, in which event the provisions of Article 56(3) and (4) hereof shallapply.(4)Should such Court conclude that the disputed bill would be in conflict with anyprovisions of this Constitution, the said bill shall be deemed to have lapsed andthe President shall not be entitled to assent thereto.Article 65Signature and Enrolment of Acts(1) When any bill has become an Act of Parliament as a result of its having beenpassed by Parliament, signed by the President and published in the Gazette, theSecretary of the National Assembly shall promptly cause two (2) fair copies ofsuch Act in the English language to be enrolled in the office of the Registrar of theSupreme Court and such copies shall be conclusive evidence of the provisionsof the Act.(2) The public shall have the right of access to such copies subject to suchregulations as may be prescribed by Parliament to protect the durability of thesaid copies and the convenience of the Registrar’s staff.
Table of Contents-35-Article 66Customary and Common Law(1) Both the customary law and the common law of Namibia in force on the date ofIndependence shall remain valid to the extent to which such customary orcommon 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 orcustomary law may be repealed or modified by Act of Parliament, and theapplication thereof may be confined to particular parts of Namibia or to particularperiods.Article 67Requisite MajoritiesSave as provided in this Constitution, a simple majority of votes cast in the National Assemblyshall be sufficient for the passage of any bill or resolution of the National Assembly.CHAPTER 8The National CouncilArticle 68EstablishmentThere shall be a National Council which shall have the powers and functions set out in thisConstitution.Article 69Composition(1)The National Council shall consist of two (2) members from each region referredto in Article 102 hereof, to be elected from amongst their members by theRegional Council for such region.(2)The elections of members of the National Council shall be conducted accordingto procedures to be prescribed by Act of Parliament.Article 70Term of Office of Members(1)Members of the National Council shall hold their seats for six (6) years from thedate 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 vacantseat until the expiry of the predecessor’s term of office shall be held, except in theinstance where such vacancy arises less than six (6) months before the expiry of
Table of Contents-36-the term of the National Council, in which instance such vacancy need not befilled. Such election shall be held in accordance with the procedures prescribedby the Act of Parliament referred to in Article 69(2) hereof.Article 71Oath or AffirmationEvery member of the National Council shall make and subscribe to an oath or solemnaffirmation before the Chief Justice, or a Judge designated by the Chief Justice for thispurpose, in the terms set out in Schedule 3 hereof.Article 72Qualifications of MembersNo person shall be qualified to be a member of the National Council if he or she is an electedmember of a Local Authority, and unless he or she is qualified under Article 47(1)(a) to (e)hereof to be a member of the National Assembly.Article 73Chairperson and Vice-ChairpersonThe National Council shall, before proceeding to the dispatch of any other business, elect fromits members a Chairperson and a Vice-Chairperson. The Chairperson, or in his or herabsence the Vice-Chairperson, shall preside over sessions of the National Council. Shouldneither the Chairperson nor the ViceChairperson be present at any session, the NationalCouncil shall elect from amongst its members a person to act as Chairperson in their absenceduring that session.Article 74Powers and Functions(1) The National Council shall have the power to:(a)consider in terms of Article 75 hereof all bills passed by the NationalAssembly;(b)investigate and report to the National Assembly on any subordinatelegislation, reports and documents which under law must be tabled in theNational Assembly and which are referred to it by the National Assembly foradvice;(c) recommend legislation on matters of regional concern for submission toand consideration by the National Assembly;(d)perform any other functions assigned to it by the National Assembly or byan Act of Parliament.(2) The National Council shall have the power to establish committees and to adoptits own rules and procedures for the exercise of its powers and the performanceof its functions. A committee of the National Council shall be entitled to conductall such hearings and collect such evidence as it considers necessary for theexercise of the National Council’s powers of review and investigations, and for
Table of Contents-37-such purposes shall have the powers referred to in Article 59(3) hereof.(3) The National Council shall in its rules of procedure make provision for suchdisclosure as may be considered to be appropriate in regard to the financial orbusiness 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 ofthe National Council both during the sittings of the National Council as wellas in their acts and activities outside the National Council;(b)all members of the National Council shall regard themselves as servants ofthe people of Namibia and desist from any conduct by which they seekimproperly to enrich themselves or alienate themselves from the people.(5)Rules providing for the privileges and immunities of members of the NationalCouncil shall be made by Act of Parliament and all members shall be entitled tothe protection of such privileges and immunities.Article 75Review of Legislation(1) All bills passed by the National Assembly shall be referred by the Speaker to theNational Council.(2)The National Council shall consider bills referred to it under Sub-Article (1) hereofand shall submit reports thereon with its recommendations to the Speaker.(3)If in its report to the Speaker the National Council confirms a bill, theSpeaker shall refer it to the President to enable the President to deal with it underArticles 56 and 64 hereof.(4)(a)If the National Council in its report to the Speaker recommends that the billbe passed subject to amendments proposed by it, such bill shall be referredby the Speaker back to the National Assembly.(b)If a bill is referred back to the National Assembly under Sub-Article (a)hereof, the National Assembly may reconsider the bill and may make anyamendments thereto, whether proposed by the National Council or not. Ifthe bill is again passed by the National Assembly, whether in the form inwhich it was originally passed, or in an amended form, the bill shall notagain be referred to the National Council, but shall be referred by theSpeaker to the President to enable it to be dealt with under Articles 56 and64 hereof.(5)(a)If a majority of two-thirds of all the members or the National Council objectsto 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 NationalCouncil proposes that amendments be made to the bill, if the principle ofthe bill is confirmed by the National Assembly under Sub-Article (b) hereof,and if amendments are proposed, details thereof shall be set out in thereport.(b)If the National Council in its report objects to the principle of the bill, the
Table of Contents-38-National Assembly shall be required to reconsider the principle. If uponsuch reconsideration the National Assembly reaffirms the principle of thebill by a majority of two-thirds of all its mombers, the principle of the bill shallno longer be an issue. If such two-thirds majority is not obtained in theNational Assembly, the bill shall lapse.(6)(a)If the National Assembly reaffirms the principle of the bill under Sub-Article5(b) hereof by a majority of two-thirds of all its members, and the report ofthe National Council proposed that in such event amendments be made tothe bill, the National Assembly shall then deal with the amendmentsproposed by the National Council, and in that event the provisions ofSub-Article 4(b) shall apply mutatis mutandis.(b)If the National Assembly reaffirms the principle of the bill under Sub-Article5(b) hereof by a majority of two-thirds of all its members, and the report ofthe National Council did not propose that in such event amendments bemade to the bill, the National Council shall be deemed to have confirmedthe bill, and the Speaker shall refer the bill to the President to be dealt withunder Articles 56 and 64 hereof.(7) Sub-Articles (5) and (6) hereof shall not apply to bills dealing with the levying oftaxes or the appropriation of public monies.(8) The National Council shall report to the Speaker on all bills dealing with thelevying of taxes or appropriations of public monies within thirty (30) days of thedate on which such bills were referred to it by the Speaker, and on all other billswithin three (3) months of the date of referral by the Speaker, failing which theNational Council will be deemed to have confirmed such bills and the Speakershall then refer them promptly to the President to enable the President to dealwith the bills under Articles 56 and 64 hereof.(9) If the President withholds his or her assent to any bill under Article 56 hereof andthe bill is then dealt with in terms of that Article, and is again passed by theNational Assembly in the form in which it was originally passed or in an amendedform, such bill shall not again be referred to the National Council, but shall bereferred by the Speaker directly to the President to enable the bill to be dealt within terms of Articles 56 and 64 hereof.Article 76QuorumThe presence of a majority of the members of the National Council shall be necessary toconstitute a meeting of the National Council for the exercise of its powers and theperformance of its functions.Article 77VotingSave as is otherwise provided in this Constitution, all questions in the National Council shallbe 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, whoshall, however, have and may exercise a casting vote in the case of an equality of votes.
Table of Contents-39-CHAPTER 9The Administration of JusticeArticle 78The Judiciary(1) The judicial power shall be vested in the Courts of Namibia, which shall consistof:(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 interferewith Judges or judicial officers in the exercise of their judicial functions, and allorgans of the State shall accord such assistance as the Courts may require toprotect their independence, dignity and effectiveness, subject to the terms of thisConstitution or any other law.(4)The Supreme Court and the High Court shall have the inherent jurisdiction whichvested in the Supreme Court of South-West Africa immediately prior to the dateof Independence, including the power to regulate their own procedures and tomake court rules for that purpose.Article 79The Supreme Court(1) The Supreme Court shall consist of a Chief Justice and such additional Judgesas the President, acting on the recommendation of the Judicial ServiceCommission, may determine.(2) The Supreme Court shall be presided over by the Chief Justice and shall hearand adjudicate upon appeals emanating from the High Court, including appealswhich involve the interpretation, implementation and upholding of this Constitutionand the fundamental rights and freedoms guaranteed thereunder. The SupremeCourt shall also deal with matters referred to it for decision by theAttorney-General under this Constituiton, and with such other matters as may beauthorised by Act of Parliament.(3) Three (3) Judges shall constitute a quorum of the Supreme Court when it hearsappeals or deals with matters referred to it by the Attorney-General under thisConstitution: provided that provision may be made by Act of Parliament for alesser quorum in circumstances in which a Judge seized of an appeal dies orbecomes unable to act at any time prior to judgment.(4) The jurisdiction of the Supreme Court with regard to appeals shall be determinedby Act of Parliament.
Table of Contents-40-Article 80The High Court(1) The High Court shall consist of a Judge-President and such additional Judges asthe 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 civildisputes and criminal prosecutions, including cases which involve theinterpretation, implementation and upholding of this Constitution and thefundamental rights and freedoms guaranteed thereunder. The High Court shallalso 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 byAct of Parliament.Article 81Binding Nature of Decisions of the Supreme CourtA decision of the Supreme Court shall be binding on all other Courts of Namibia and allpersons in Namibia unless it is reversed by the Supreme Court itself, or is contradicted by anAct of Parliament lawfully enacted.Article 82Appointment of Judges(1)All appointments of Judges to the Supreme Court and the High Court shall bemade by the President on the recommendation of the Judicial ServiceCommission and upon appointment Judges shall make an oath or affirmation ofoffice in the terms set out in Schedule 1 hereof.(2) At the request of the Chief Justice the President may appoint Acting Judges ofthe Supreme Court to fill casual vacancies in the Court from time to time, or asad hoc appointments to sit in cases involving constitutional issues or theguarantee of fundamental rights and freedoms, if in the opinion of the ChiefJustice it is desirable that such persons should be appointed to hear such casesby reason of their special knowledge of or expertise in such matters.(3)At the request of the Judge-President, the President may appoint Acting Judgesof the High Court from time to time to fill casual vacancies in the Court, or toenable the Court to deal expeditiously with its work.(4)All Judges, except Acting Judges, appointed under this Constitution shall holdoffice until the age of sixty-five (65) but the President shall be entitled to extendthe retiring age of any Judge to seventy (70). It shall also be possible by Act ofParliament to make provision for retirement at ages higher than those specifiedin this Article.Article 83Lower Courts(1)Lower Courts shall be established by Act of Parliament and shall have thejurisdiction and adopt the procedures prescribed by such Act and regulationsmade thereunder.
Table of Contents-41-(2)Lower Courts shall be presided over by Magistrates or other judicial officersappointed in accordance with procedures prescribed by Act of Parliament.Article 84Removal of Judges from Office(1)A Judge may be removed from office before the expiry of his or her tenure onlyby the President acting on the recommendation of the Judicial ServiceCommission.(2)Judges may only be removed from office on the ground of mental incapacity orfor gross misconduct, and in accordance with the provisions of Sub-Article (3)hereof.(3)The Judicial Service Commission shall investigate whether or not a Judge shouldbe removed from office on such grounds, and if it decides that the Judge shouldbe removed, it shall inform the President of its recommendation.(4)If the deliberations of the Judicial Service Commission pursuant to this Articleinvolve the conduct of a member of the Judicial Service Commission, such Judgeshall not participate in the deliberations and the President shall appoint anotherJudge to fill such vacancy.(5)While investigations are being carried out into the necessity of the removal of aJudge in terms of this Article, the President may, on the recommendation of theJudicial Service Commission and, pending the outcome of such investigationsand recommendation, suspend the Judge from office.Article 85The Judicial Service Commission(1) There shall be a Judicial Service Commission consisting of the Chief Justice, aJudge appointed by the President, the Attorney-General and two members of thelegal profession nominated in accordance with the provisions of an Act ofParliament by the professional organisation or organisations representing theinterests of the legal profession in Namibia.(2) The Judicial Service Commission shall perform such functions as are prescribedfor it by this Constitution or any other law.(3) The Judicial Service Commission shall be entitled to make such rules andregulations for the purposes of regulating its procedures and functions as are notinconsistent with this Constitution or any other law.(4) Any casual vacancy in the Judicial Service Commission may be filled by the ChiefJustice or in his or her absence by the Judge appointed by the President.Article 86The Attorney-GeneralThere shall be an Attorney-General appointed by the President in accordance with theprovisions of Article 32(3)(i)(cc) hereof.
Table of Contents-42-Article 87Powers and Functions of the Attorney-GeneralThe 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 the principal legal adviser to the President and Government;(c)to take all action necessary for the protection and upholding of theConstitution; (d)to perform all such functions and duties as may be assigned to theAttorney-General by Act of Parliament.Article 88The Prosecutor-General(1)There shall be a Prosecutor-General appointed by the President on therecommendation of the Judicial Service Commision. No person shall be eligiblefor appointment as Prosecutor-General unless such person:(a)possesses legal qualifications that would entitle him or her to practise in allthe Courts of Namibia;(b)is, by virtue of his or her experience, conscientiousness and integrity a fitand proper person to be entrusted with the responsibilities of the office ofProsecutor-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 ofthe Republic of Namibia in criminal proceedings;(b)to prosecute and defend appeals in criminal proceedings in the High Courtand 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 interms of any other law.
Table of Contents-43-CHAPTER 10The OmbudsmanArticle 89Establishment and Independence(1)There shall be an Ombudsman, who shall have the powers and functions set outin this Constitution.(2)The Ombudsman shall be independent and subject only to this Constitution andthe law.(3)No member of the Cabinet or the Legislature or any other person shall interferewith the Ombudsman in the exercise of his or her functions and all organs of theState shall accord such assistance as may be needed for the protection of theindependence, dignity and effectiveness of the Ombudsman.(4)The Ombudsman shall either be a Judge of Namibia, or a person possessing thelegal qualifications which would entitle him or her to practise in all the Courts ofNamibia.Article 90Appointment and Term of Office(1) The Ombudsman shall be appointed by Proclamation by the President on therecommendation of the Judicial Service Commission.(2) The Ombudsman shall hold office until the age of sixty-five (65) but the Presidentmay extend the retiring age of any Ombudsman to seventy (70).Article 91FunctionsThe functions of the Ombudsman shall be defined and prescribed by an Act of Parliament andshall include the following:(a)the duty to investigate complaints concerning alleged or apparent instancesof violations r! fundame tal rights and freedoms, abuse of power, unfair,harsh, insensitive or disr.ourteous treatment of an inhabitant of Namibia byan official in the employ of any organ of Government (whether central orlocal), manifest injustice, or corruption or conduct by such official whichwould properly be regarded as unlawful, oppressive or unfair in ademocratic society;(b) the duty to investigate complaints concerning the functioning of the PublicService Commission, administrative organs of the State, the defence force,the police force and the prison service in so far as such complaints relateto the failure to achieve a balanced structuring of such services or equalaccess by all to the recruitment of such services or fair administration inrelation to such services;(c) the duty to investigate complaints concerning the over-utilization of livingnatural resources, the irrational exploitation of non-renewable resources,
Table of Contents-44-the degradation and destruction of ecosystems and failure to protect thebeauty and character of Namibia;(d) the duty to investigate complaints concerning practices and actions bypersons, enterprises and other private institutions where such complaintsallege that violations of fundamental rights and freedoms under thisConstitution 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 Sub-Articlesthrough 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 reportedto 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 someother suitable remedy to secure the termination of the offendingaction or conduct, or the abandonment or alteration of the offendingprocedures;(ee)bringing proceedings to interdict the enforcement of such legislationor regulation by challenging its validity if the offending action orconduct is sought to be justified by subordinate legislation orregulation which is grossly unreasonable or otherwise ultra vires;(ff)reviewing such laws as were in operation before the date ofIndependence in order to ascertain whether they violate the letter orthe spirit of this Constitution and to make consequentialrecommendations to the President, the Cabinet or theAttorney-General for appropriate action following thereupon;(f)the duty to investigate vigorously all instances of alleged or suspectedcorruption and the misappropriation of public monies by officials and to takeappropriate steps, including reports to the Prosecutor-General and theAuditor-General pursuant thereto;(g) the duty to report annually to the National Assembly on the exercise of hisor her powers and functions.Article 92Powers of InvestigationThe powers of the Ombudsman shall be defined by Act of Parliament and shall include thepower:(a) to issue subpoenas requiring the attendance of any person before theOmbudsman and the production of any document or record relevant to anyinvestigation by the Ombudsman;(b) to cause any person contemptuous of any such subpoena to be prosecutedbefore a competent Court;
Table of Contents-45-(c)to question any person;(d) to require any person to cooperate with the Ombudsman and to disclosetruthfully and frankly any information within his or her knowledge relevantto any investigation of the Ombudsman.Article 93Meaning of “Official”For the purposes of this Chapter the word “official” shall, unless the context otherwiseindicates, include any elected or appointed official or employee of any organ of the central orlocal Government, any official of a para-statal enterprise owned or managed or controlled bythe State, or in which the State or the Government has substantial interest, or any officer ofthe defence force, the police force or the prison service, but shall not include a Judge of theSupreme Court or the High Court or, in so far as a complaint concerns the performance of ajudicial function, any other judicial officer.Article 94Removal from Office(1)The Ombudsman may be removed from office before the expiry of his or her termof office by the President acting on the recommendation of the Judicial ServiceCommission.(2) The Ombudsman may only be removed from office on the ground of mentalincapacity or for gross misconduct, and in accordance with the provisions ofSub-Article (3) hereof.(3)The Judicial Service Commission shall investigate whether or not theOmbudsman shall be removed from office on the grounds referred to inSubArticle (2) hereof and, if it decides that the Ombudsman shall be removed, itshall inform the President of its recommendation.(4) While investigations are being carried out into the necessity of the removal of theOmbudsman in terms of this Article, the President may, on the recommendationof the Judicial Service Commission and, pending the outcome of suchinvestigations and recommendation, suspend the Ombudsman from office.CHAPTER 11Principles of State PolicyArticle 95Promotion of the Welfare of the PeopleThe 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, toenable them to participate fully in all spheres of Namibian society; inparticular, the Government shall ensure the implementation of the principleof non-discrimination in remuneration of men and women; further, the
Table of Contents-46-Government shall seek, through appropriate legislation, to provide maternityand related benefits for women;(b)enactment of legislation to ensure that the health and strength of theworkers, men and women, and the tender age of children are not abusedand that citizens are not forced by economic necessity to enter vocationsunsuited to their age and strength;(c)active encouragement of the formation of independent trade unions toprotect workers’ rights and interests, and to promote sound labour relationsand fair employment practices;(d)membership of the International Labour Organisation (ILO) and, wherepossible, adherence to and action in accordance with the internationalConventions and Recommendations of the ILO;(e)ensurance that every citizen has a right to fair and reasonable access topublic facilities and services in accordance with the law;(f)ensurance that senior citizens are entitled to and do receive a regularpension adequate for the maintenance of a decent standard of living andthe 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 andamenities as are determined by Parliament to be just and affordable withdue regard to the resources of the State;(h)a legal system seeking to promote justice on the basis of equal opportunityby providing free legal aid in defined cases with due regard to the resourcesof the State;(i)ensurance that workers are paid a living wage adequate for themaintenance of a decent standard of living and the enjoyment of social andcultural opportunities;(j)consistent planning to raise and maintain an acceptable level of nutritionand standard of living of the Namibian people and to improve public health;(k)encouragement of the mass of the population through education and otheractivities and through their organisations to influence Government policy bydebating its decisions;(I)maintenance of ecosystems, essential ecological processes and biologicaldiversity of Namibia and utilization of living natural resources on asustainable basis for the benefit of all Namibians, both present and future;in particular, the Government shall provide measures against the dumpingor recycling of foreign nuclear and toxic waste on Namibian territory.Article 96Foreign RelationsThe State shall endeavour to ensure that in its international relations it:(a) adopts and maintains a policy of non-alignment;
Table of Contents-47-(b) promotes international cooperation, 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 97Asylum The State shall, where it is reasonable to do so, grant asylum to persons who reasonably fearpersecution on the ground of their political beliefs, race, religion or membership of a particularsocial group.Article 98Principles of Economic Order(1)The economic order of Namibia shall be based on the principles of a mixedeconomy with the objective of securing economic growth, prosperity and a life ofhuman dignity for all Namibians.(2) The Namibian economy shall be based, inter alia, on the following forms ofownership:(a)public; (b)private;(c) joint public-private; (d) cc-operative; (e) co-ownersnip; (f) small-scale family. Article 99Foreign Investments Foreign investments shall be encouraged within Namibia subject to the provisions of anInvestment Code to be adopted by Parliament. Article 100Sovereign Ownership of Natural Resources Land, water and natural resources below and above the surface of the land and in thecontinental shelf and within the territorial waters and the exclusive economic zone of Namibiashall belong to the State if they are not otherwise lawfully owned.
Table of Contents-48-Article 101Application of the Principles contained in this ChapterThe principles of state policy contained in this Chapter shall not of and by themselves belegally enforceable by any Court, but shall nevertheless guide the Government in making andapplying laws to give effect to the fundamental objectives of the said principles. The Courtsare entitled to have regard to the said principles in interpreting any laws based on them.CHAPTER 12Regional and Local GovernmentArticle 102 Structures of Regional and Local Government(1) For purposes of regional and local government, Namibia shall be divided intoregional and local units, which shall consist of such region and Local Authoritiesas may be determined and defined by Act of Parliament.(2) The delineation of the boundaries of the regions and Local Authorities referred toin Sub-Article (1) hereof shall be geographical only, without any reference to therace, colour or ethnic origin of the inhabitants of such areas.(3) Every organ of regional and local government shall have a Council as theprincipal governing body, freely elected in accordance with this Constitution andthe Act of Parliament referred to in Sub-Article (1) hereof, with an executive andadministration which shall carry out all lawful resolutions and policies of suchCouncil, 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 andconstituted by Act of Parliament.(5) There shall be a Council of Traditional Leaders to be established in terms of anAct of Parliament in order to advise the President on the control and utilization ofcommunal land and on all such other matters as may be referred to it by thePresident for advice.Article 103Establishment of Regional Councils(1)The boundaries of regions shall be determined by a Delimitation Commission inaccordance with the principles set out in Article 102 (2) hereof.(2)The boundaries of regions may be changed from time to time and new regionsmay be created from time to time, but only in accordance with therecommendations of the Delimitation Commission.(3) A Regional Council shall be established for every region the boundaries of whichhave been determined in accordance with Sub-Articles (1) and (2) hereof.
Table of Contents-49-Article 104The Delimitation Commission(1)The Delimitation Commission shall consist of a Chairperson who shall be a Judgeof the Supreme Court or the High Court, and two other persons to be appointedby the President with the approval of Parliament.(2) The Delimitation Commission shall discharge its duties in accordance with theprovisions of an Act of Parliament and this Constitution, and shall report theronto the President.Article 105Composition of Regional CouncilsEvery Regional Council shall consist of a number of persons determined by the DelimitationCommission for the particular region for which that Regional Council has been established,and who are qualified to be elected to the National Council.Article 106Regional Council Elections(1) Each region shall be divided into constituencies the boundaries of which shall befixed by the Delimitation Commission in accordance with the provisions of an Actof Parliament and this Constitution: provided that there shall be no fewer than six(6) and no more than twelve (12) constituencies in each region.(2) Each constituency shall elect one member to the Regional Council for the regionin which it is situated.(3) The elections shall be by secret ballot to be conducted in accordance with theprovisions of an Act of Parliament, and the candidate receiving the most votes inany constituency shall be the elected member of the Regional Council for thatconstituency.(4) All Regional Council elections for the various regions of Namibia shall be held onthe same day.(5)The date for Regional Council elections shall be determined by the President byProclamation in the Gazette.Article 107Remuneration of Members of Regional CouncilsThe remuneration and allowances to be paid to members of Regional Councils shall bedetermined by Act of Parliament.Article 108Powers of Regional CouncilsRegional Councils shall have the following powers:(a) to elect members to the National Council;(b) to exercise within the region for which they have been constituted such
Table of Contents-50-executive powers and to perform such duties in connection therewith asmay be assigned to them by Act of Parliament and as may be delegated tothem by the President; (c) to raise revenue, or share in the revenue raised by the central Governmentwithin the regions for which they have been established, as may bedetermined by Act of Parliament;(d) to exercise powers, perform any other functions and make such by-laws orregulations as may be determined by Act of Parliament. Article 109Management Committees(1) Each Regional Council shall elect from amongst its members a ManagementCommittee, which shall be vested with executive powers in accordance with theprovisions of an Act of Parliament.(2) The Management Committee shall have a Chairperson to be elected by themembers of the Regional Council at the time that they elect the ManagementCommittee, and such Chairperson shall preside at meetings of his or herRegional Council.(3) The Chairperson and the members of the Management Committee shall holdoffice for three (3) years and shall be eligible for re-election.Article 110Administration and Functioning of Regional CouncilsThe holding and conducting of meetings of Regional Councils, the filling of casual vacancieson Regional Councils and the employment of officials by the Regional Councils, as well as allother matters dealing with or incidental to the administration and functioning of RegionalCouncils, shall be determined by Act of Parliament.Article 111Local Authorities(1) Local Authorities shall be established in accordance with the provisions of Article102 hereof.(2) The boundaries of Local Authorities, the election of Councils to administer theaffairs of Local Authorities, the method of electing persons to Local AuthorityCouncils, the methods of raising revenue for Local Authorities, the remunerationof Local Authority Councillors and all other matters dealing with or incidental tothe administration and functioning of Local Authorities, shall be determined by Actof Parliament.(3) Persons shall be qualified to vote in elections for Local Authority Councils if suchpersons have been resident within the jurisdiction of a Local Authority for not lessthan one (1) year immediately prior to such election and if such persons arequalified to vote in elections for the National Assembly.(4) Different provisions may be made by the Act of Parliament referred to inSub-Article (2) hereof in regard to different types of Local Authorities.
Table of Contents-51-(5) All by-laws or regulations made by Local Authorities pursuant to powers vestedin them by Act of Parliament shall be tabled in the National Assembly and shallcease to be of force if a resolution to that effect is passed by the NationalAssembly.CHAPTER 13The Public Service CommissionArticle 112 Establishment(1) There shall be established a Public Service Commission which shall have thefunction of advising the President on the matters referred to in Article 113 hereofand of reporting to the National Assembly thereon. (2) The Public Service Commission shall be independent and act impartially.(3) The Public Service Commission shall consist of a Chairperson and no fewer thanthree (3) and no more than six (6) other persons nominated by the President andappointed by the National Assembly by resolution.(4) Every member of the Public Service Commission shall be entitled to serve onsuch Commission for a period of five (5) years unless lawfully removed before theexpiry of that period for good and sufficient reasons in terms of this Constitutionand procedures to be prescribed by Act of Parliament. Every member of thePublic Service Commission shall be eligible for reappointment.Article 113FunctionsThe functions of the Public Service Commission shall be defined by Act of Parliament andshall include the power:(a) to advise the President and the Government or:(aa)the appointment of suitable persons to specified categories ofemployment in the public service, with special regard to the balancedstructuring thereof;(bb)the exercise of adequate disciplinary control over such persons inorder to assure the fair administration of personnel policy;(cc)the remuneration and the retirement benefits of any such persons;(dd)all other matters which by law pertain to the public service;(b) to perform all functions assigned to it by Act of Parliament;(c) to advise the President on the identity, availability and suitability of personsto be appointed by the President to offices in terms of this Constitution orany other law.
Table of Contents-52-CHAPTER 14The Security CommissionArticle 114 Establishment and Functions(1)There shall be a Security Commission which shall have the function of makingrecommendations to the President on the appointment of the Chief of theDefence Force, the Inspector-General of Police and the Commissioner of Prisonsand such other functions as may be assigned to it by Act of Parliament.(2)The Security Commission shall consist of the Chairperson of the Public ServiceCommission, the Chief of the Defence Force, the Inspector-General of Police, theCommissioner of Prisons and two (2) members of the National Assembly.appointed by the President on the recommendation of the National Assembly.CHAPTER 15The Police and Defence Forces and The Prison ServiceArticle 115 Establishment of the Police ForceThere shall be established by Act of Parliament a Namibian police force with prescribedpowers, duties and procedures in order to secure the internal security of Namibia and tomaintain law and order.Article 116The Inspector-General of Police(1)There shall be an Inspector-General of Police who shall be appointed by thePresident in terms of Article 32 (4)(c)(bb) hereof.(2)The Inspector-General of Police shall make provision for a balanced structuringof the police force and shall have the power to make suitable appointments to thepolice force, to cause charges of indiscipline among members of the police forceto be investigated and prosecuted and to ensure the efficient administration of thepolice force.Article 117Removal of the Inspector-General of PoliceThe President may remove the inspector-General of Police from office for good cause and inthe public interest and in accordance with the provisions of any Act of Parliament which mayprescribe procedures considered to be expedient for this purpose.
Table of Contents-53-Article 118Establishment of the Defence Force(1)There shall be established by Act of Parliament a Namibian Defence Force withprescribed composition, powers, duties and procedures, in order to defend theterritory and national interests of Namibia.(2) The President shall be the Commander-in-Chief of the Defence Force and shallhave all the powers and exercise all the functions necessary for that purpose.Article 119Chief of the Defence Force(1)There shall be a Chief of the Defence Force who shall be appointed by thePresident in terms of Article 32(4)(c)(aa) hereof.(2)The Chief of the Defence Force shall make provision for a balanced structuringof the defence force and shall have the power to make suitable appointments tothe defence force, to cause charges of indiscipline among members of thedefence force to be investigated and prosecuted and to ensure the efficientadministration of the defence force.Article 120Removal of the Chief of the Defence ForceThe President may remove the Chief of the Defence Force from office for good cause and inthe public interest and in accordance with the provisions of any Act of Parliament which mayprescribe procedures considered to be expedient for this purpose.Article 121Establishment of the Prison ServiceThere shall be established by Act of Parliament a Namibian prison service with prescribedpowers, duties and procedures:Article 122Commissioner of Prisons(1)There shall be a Commissioner of Prisons who shall be appointed by thePresident in terms of Article 32(4)(c)(cc) hereof.(2)The Commissioner of Prisons shall make provision for a balanced structuring ofthe prison service and shall have the power to make suitable appointments to theprison service, to cause charges of indiscipline among members of the prisonservice to be investigated and prosecuted and to ensure the efficientadministration of the prison service.Article 123Removal of the Commissioner of PrisonsThe President may remove the Commissioner of Prisons from office for good cause and inthe public interest and in accordance with the provisions of any Act of Parliament which mayprescribe procedures considered to be expedient for this purpose.
Table of Contents-54-CHAPTER 16FinanceArticle 124 Transfer of Government AssetsThe assets mentioned in Schedule 5 hereof shall vest in the Government of Namibia on thedate of Independence.Article 125The State Revenue Fund(1) The Central Revenue Fund of the mandated territory of South West Africainstituted in terms of Section 3 of the Exchequer and Audit Proclamation, 1979(Proclamation 85 of 1979) and Section 31(1) of Proclamation R101 of 1985 shallcontinue as the State Revenue Fund of the Republic of Namibia.(2) All income accruing to the central Government shall be deposited in the StateRevenue Fund and the authority to dispose thereof shall vest in the Governmentof Namibia.(3) Nothing contained in Sub-Article (2) hereof shall preclude the enactment of anylaw or the application of any law which provides that:(a)the Government shall pay any particular monies accruing to it into a funddesignated for a special purpose; or(b)any body or institution to which any monies accruing to the State have beenpaid, may retain such monies or portions thereof for the purpose ofdefraying the expenses of such body or institution; or(c) where necessary, subsidies be allocated to regional and Local Authorities.(4) No money shall be withdrawn from the State Revenue Fund except in accordancewith an Act of Parliament.(5) No body or person other than the Government shall have the power to withdrawmonies from the State Revenue Fund.Article 126Appropriations(1) The Minister in charge of the Department of Finance shall, at least once everyyear and thereafter at such interim stages as may be necessary, present for theconsideration of the National Assembly estimates of revenue, expenditure andincome for the prospective financial year.(2)The National Assembly shall consider such estimates and pass pursuant theretosuch Appropriation Acts as are in its opinion necessary to meet the financialrequirements of the State from time to time.
Table of Contents-55-Article 127The Auditor-General(1) There shall be an Auditor-General appointed by the President on therecommendation of the Public Service Commission and with the approval of theNational Assembly. The Auditor-General shall hold office for five (5) years unlessremoved earlier under Sub-Article (4) hereof or unless he or she resigns. TheAuditor-General shall be eligible for reappointment.(2) The Auditor-General shall audit the State Revenue Fund and shall perform allother functions assigned to him or her by the Government or by Act of Parliamentand shall report annually to the National Assembly thereon.(3) The Auditor-General shall not be a member of the public service.(4) The Auditor-General shall not be removed from office unless a two-thirds majorityof all the members of the National Assembly vote for such removal on the groundof mental incapacity or gross misconduct.CHAPTER 17Central Bank and National Planning CommissionArticle 128 The Central Bank(1) There shall be established by Act of Parliament a Central Bank of the Republicof Namibia which shall serve as the State’s principal instrument to control themoney supply, the currency and the institutions of finance, and to perform allother functions ordinarily performed by a central bank.(2) The Governing Board of the Central Bank shall consist of a Governor, aDeputy-Governor and such other members of the Board as shall be prescribedby Act of Parliament, and all members of the Board shall be appointed by thePresident in accordance with procedures prescribed by such Act of Parliament.Article 129The National Planning Commission(1) There shall be established in the office of the President a National PlanningCommission, whose task shall be to plan the priorities and direction of nationaldevelopment.(2) There shall be a Director-General of Planning appointed by the President in termsof Article 32(3)(i)(dd) hereof, who shall be the head of the National PlanningCommission and the principal adviser to the President in regard to all matterspertaining to economic planning and who shall attend Cabinet meetings at therequest of the President.(3) The membership, powers, functions and personnel of the National PlanningCommission shall be regulated by Act of Parliament.
Table of Contents-56-CHAPTER 18Coming into Force of the ConstitutionArticle 130 Coming into Force of the ConstitutionThis Constitution as adopted by the Constituent Assembly shall come into force on the dateof Independence.CHAPTER 19Amendment of the ConstitutionArticle 131 Entrenchment of Fundamental Rights and FreedomsNo repeal or amendment of any of the provisions of Chapter 3 hereof, in so far as such repealor amendment diminishes or detracts from the fundamental rights and freedoms containedand defined in that Chapter, shall be permissible under this Constitution, and no suchpurported repeal or amendment shall be valid or have any force or effect.Article 132Repeal and Amendment of the Constitution(1)Any bill seeking to repeal or amend any provision of this Constitution shallindicate the proposed repeals and/or amendments with reference to the specificArticles sought to be repealed and/or amended and shall not deal with any matterother than the proposed repeals or amendments.(2) The majorities required in Parliament for the repeal and/or amendment of any ofthe provisions of this Constitution shall be:(a)two-thirds of all the members of the National Assembly; and (b)two-thirds of all the members of the National Council.(3) (a)Notwithstanding the provisions of Sub-Article (2) hereof, if a bill proposinga repeal and/or amendment of any of the provisions of this Constitutionsecures a majority of two-thirds of all the members of the NationalAssembly, but fails to secure a majority of two-thirds of all the members ofthe National Council, the President may by Proclamation make the billcontaining the proposed repeals and/or amendments the subject of anational referendum.(b)The national referendum referred to in Sub-Article (a) hereof shall beconducted in accordance with procedures prescribed for the holding ofreferenda by Act of Parliament.(c)If upon the holding of such a referendum the bill containing the
Table of Contents-57-proposed repeals and/or amendments is approved by a two-thirds majorityofAall the votes cast in the referendum, the bill shall be deemed to havebeen passed in accordance with the provisions of this Constitution, and thePresident shall deal with it in terms of Article 56 hereof.(4) No repeal or amendment of this Sub-Article or Sub-Articles (2) or (3) hereof in sofar as it seeks to diminish or detract from the majorities required in Parliament orin a referendum shall be permissible under this Constitution, and no suchpurported repeal or amendment shall be valid or have any force or effect.(5) Nothing contained in this Article:(a)shall detract in any way from the entrenchment provided for in Article 131hereof of the fundamental rights and freedoms contained and defined inChapter 3 hereof;(b)shall prevent Parliament from changing its own composition or structuresby amending or repealing any of the provisions of this Constitution:provided always that such repeals or amendments are effected inaccordance with the provisions of this Constitution.CHAPTER 20The Law in Force and Transitional ProvisionsArticle 133The First National AssemblyNotwithstanding the provisions of Article 46 hereof, the Constituent Assembly shall be deemedto have been elected under Articles 46 and 49 hereof, and shall constitute the first NationalAssembly of Namibia, and its term of office and that of the President shall be deemed to havebegun from the date of Independence.Article 134Election of the First President(1) Notwithstanding the provisions of Article 28 hereof, the first President of Namibiashall be the person elected to that office by the Constituent Assembly by a simplemajority of all its members.(2)The first President of Namibia shall be deemed to have been elected under Article28 hereof and upon assuming office shall have all the powers, functions, dutiesand immunities of a President elected under that Article.Article 135Implementation of this ConstitutionThis Constitution shall be implemented in accordance with the provisions of Schedule 7hereof.
Table of Contents-58-Article 136Powers of the National Assembly prior to the Election of a NationalCouncil(1) Until elections for a National Council have been held:(a)all legislation shall be enacted by the National Assembly as if thisConstitution had not made provision for a National Council, and Parliamenthad consisted exclusively of the National Assembly acting on its ownwithout being subject to the review of the National Council;(b)this Constitution shall be construed as if no functions had been vested bythis Constitution in the National Council;(c)any reference in Articles 29, 56, 75 and 132 hereof to the National Councilshall be ignored: provided that nothing contained in this Sub-Article shall beconstrued as limiting in any way the generality of Sub-Articles (a) and (b)hereof.(2) Nothing contained in Sub-Article (1) hereof shall detract in any way from theprovisions of Chapter 8 or any other provision of this Constitution in so far as theymake provision for the establishment of a National Council, elections to theNational Council and its functioning after such elections have been held.Article 137Elections of the First Regional CouncilsAand the First Natronal Council(1) The President shall by Proclamation establish the first Delimitation Commissionwhich shall be constituted in accordance with the provisions of Article 104 (1)hereof, within six (6) months of the date of Independence.(2) Such Proclamation shall provide for those matters which are referred to in Articles102 to 106 hereof, shall not be inconsistent with this Constitution and shall requirethe Delimitation Commission to determine boundaries of regions and LocalAuthorities for the purpose of holding Local Authority and Regional Councilelections.(3) The Delimitation Commission appointed under such Proclamation shall !orthwithcommence its work, and shall report to the President within nine (9) months of itsappointment: provided that the National Assembly may by resolution and for goodcause extend the period within which such report shall be made.(4) Upon receipt of the report of the Delimitation Commission the President shall assoon as reasonably possible thereafter establish by Proclamation the boundariesof regions and Local Authorities in accordance with the terms of the report.(5)Elections for Local Authorities in terms of Article 111 hereof shall be held on adate to be fixed by the President by Proclamation, which shall be a date within six(6) months of the Proclamation referred to in Sub-Article (4) hereof, or within six(6) months of the date on which the legislation referred to in Article 111 hereofhas been enacted, whichever is the later: provided that the National Assemblymay by resolution and for good cause extend the period within which suchelections shall be held.(6)Elections for Regional Councils shall be held on a date to be fixed by thePresident by Proclamation, which shall be a date within one (1) month of the date
Table of Contents-59-of the elections referred to in Sub-Article (5) hereof, or within one (1) month of thedate on which the legislation referred to in Article 106 (3) hereof has beenenacted, whichever is the later: provided that the National Assembly may byresolution and for good cause extend the period within which such elections shallbe held.(7)Elections for the first National Council shall be held on a date to be fixed by thePresident by Proclamation, which shall be a date within one (1) month of the dateof the elections referred to in Sub-Article (6) hereof, or within one (1) month of thedate on which the legislation referred to in Article 69(2) hereof has been enacted,whichever is the later: provided that the National Assembly may by resolution andfor good cause extend the period within which such elections shall be held.Article 138Courts and Pending Actions(1) The Judge-President and other Judges of the Supreme Court of South-WestAfrica holding office at the date on which this Constitution is adopted by theConstituent Assembly shall be deemed to have been appointed as theJudge-President and Judges of the High Court of Namibia under Article 82 hereofon the date of Independence, and upon making the oath or affirmation of officein the terms set out in Schedule 1 hereof, shall become the first Judge-Presidentand Judges of the High Court of Namibia: provided that if the Judge-President orany such Judges are sixty-five (65) years of age or older on such date, it shall bedeemed that their appointments have been extended until the age of seventy (70)in terms of Article 82(4) hereof.(2) (a)The laws in force immediately prior to the date of Independence governingthe jurisdiction of Courts within Namibia, the right of audience before suchCourts, the manner in which procedure in such Courts shall be conductedand the power and authority of the Judges, Magistrates and other judicialofficers, shall remain in force until repealed or amended by Act ofParliament, and all proceedings pending in such Courts at the date ofIndependence shall be continued as if such Courts had been dulyconstituted as Courts of the Republic of Namibia when the proceedingswere instituted.(b) Any appeal noted to the Appellate Division of the Supreme Court of SouthAfrica against any judgment or order of the Supreme Court of South-WestAfrica shall be deemed to have been noted to the Supreme Court ofNamibia and shall be prosecuted before such Court as if that judgment ororder appealed against had been made by the High Court of Namibia andthe appeal had been noted to the Supreme Court of Namibia.(c) All criminal prosecutions initiated in Courts within Namibia prior to the dateof Independence shall be continued as if such prosecutions had beeninitiated after the date of Independence in Courts of the Republic ofNamibia.(d) All crimes committed in Namibia prior to the date of Independence whichwould be crimes according to the law of the Republic of Namibia if it hadthen existed, shall be deemed to constitute crimes according to the law ofthe Republic of Namibia, and to be punishable as such in and by the Courtsof the Republic of Namibia.
Table of Contents-60-(3) Pending the enactment of the legislation contemplated by Article 79 hereof:(a) the Supreme Court shall have the same jurisdiction to hear and determineappeals from Courts in Namibia as was previously vested in the AppellateDivision of the Supreme Court of South Africa;(b)the Supreme Court shall have jurisdiction to hear and determine mattersreferred to it for a decision by the Attorney-General under this Constitution;(c) all persons having the right of audience before the High Court shall havethe right of audience before the Supreme Court;(d) three (3) Judges shall constitute a quorum of the Supreme Court when ithears appeals or deals with matters under Sub-Articles (a) and (b) hereof:provided that if any such Judge dies or becomes unable to act after thehearing of the appeal or such matter has commenced, but prior tojudgment, the law applicable in such circumstances to the death or inabilityof a Judge of the High Court shall apply mutatis mutandis;(c)until rules of the Supreme Court are made by the Chief Justice for thenoting and prosecution of appeals and all matters incidental thereto, therules which regulated appeals from the Supreme Court of South-WestAfrica to the Appellate Division of the Supreme Court of South Africa, andwere in force immediately prior to the date of Independence, shall applymutatis mutandis.Article 139 The Judicial Service Commission(1) Pending the enactment of legislation as contemplated by Article 85 hereof and theappointment of a Judicial Service Commission thereunder, the Judicial ServiceCommission shall be appointed by the President by Proclamation and shallconsist of the Chief Justice, a Judge appointed by the President, theAttorney-General, an advocate nominated by the Bar Council of Namibia and anattorney nominated by the Council of the Law Society of South-West Africa:provided that until the first Chief Justice has been appointed, the President shallappoint a second Judge to be a member of the Judicial Service Commission whoshall hold office thereon until the Chief Justice has been appointed. The JudicialService Commission shall elect from amongst its members at its first meeting theperson to preside at its meetings until the Chief Justice has been appointed. Thefirst task of the Judicial Service Commission shall be to make a recommendationto the President with regard to the appointment of the first Chief Justice.(2)Save as aforesaid the provisions of Article 85 hereof shall apply to the functioningof the Judicial Service Commission appointed under Sub-Article (1) hereof, whichshall have all the powers vested in the Judicial Service Commission by thisConstitution.Article 140 The Law in Force at the Date of Independence(1)Subject to the provisions of this Constitution, all laws which were in forceimmediately before the date of Independence shall remain in force until repealedor amended by Act of Parliament or until they are declared unconstitutional by a
Table of Contents-61-competent Court.(2)Any powers vested by such laws in the Government, or in a Minister or otherofficial of the Republic of South Africa shall be deemed to vest in the Governmentof the Republic of Namibia or in a corresponding Minister or official of theGovernment of the Republic of Namibia, and all powers, duties and functionswhich so vested in the Government Service Commission, shall vest in the PublicService Commission referred to in Article 112 hereof.(3) Anything done under such laws prior to the date of Independence by theGovernment, or by a Minister or other official of the Republic of South Africa shallbe deemed to have been done by the Government of the Republic of Namibia orby a corresponding Minister or official of the Government of the Republic ofNamibia, unless such action is subsequently repudiated by an Act of Parliament,and anything so done by the Government Service Commission shall be deemedto have been done by the Public Service Commission referred to in Article 112hereof, unless it is determined otherwise by an Act of Parliament.(4)Any reference in such laws to the President, the Government, a Minister or otherofficial or institution in the Republic of South Africa shall be deemed to be areference to the President of Namibia or to a corresponding Minister, official orinstitution in the Republic of Namibia and any reference to the GovernmentService Commission or the government service, shall be construed as areference to the Public Service Commission referred to in Article 112 hereof orthe public service of Namibia.(5)For the purposes of this Article the Government of the Republic of South Africashall be deemed to include the Administration of the Administrator-Generalappointed by the Government of South Africa to administer Namibia, and anyreference to the Administrator-GeneraI in legislation enacted by suchAdministration shall be deemed to be a reference to the President of Namibia,and any reference to a Minister or official of such Administration shall be deemedto be a reference to a corresponding Minister or official of the Government of theRepublic of Namibia.Article 141Existing Appointments(1)Subject to the provisions of this Constitution, any person holding office under anylaw in force on the date of Independence shall continue to hold such office unlessand until he or she resigns or is retired, transferred or removed from office inaccordance with law.(2) Any reference to the Attorney-General in legislation in force immediately prior tothe date of Independence shall be deemed to be a reference to theProsecutor-General, who shall exercise his or her functions in accordance withthis Constitution.Article 142Appointment of the First Chief of the Defence Force, the FirstInspector-General of Police and the First Commissioner of PrisonsThe President shall, in consultation with the leaders of all political parties represented in theNational Assembly, appoint by Proclamation the first Chief of the Defence Force, the first
Table of Contents-62-Inspector-General of Police and the first Commissioner of Prisons.Article 143Existing International AgreementsAll existing international agreements binding upon Namibia shall remain in force, unless anduntil the National Assembly acting under Article 63(2)(d) hereof otherwise decides.CHAPTER 21Final ProvisionsArticle 144 International LawUnless otherwise provided by this Constitution or Act of Parliament, the general rules of publicinternational law and international agreements binding upon Namibia under this Constitutionshall form part of the law of Namibia.Article 145Saving(1)Nothing contained in this Constitution shall be construed as imposing upon theGovernment of Namibia:(a)any obligations to any other State which would not otherwise have existedunder international law;(b)any obligations to any person arising out of the acts or contracts of priorAdministrations which would not otherwise have been recognised byinternational law as binding upon the Republic of Namibia.(2) Nothing contained in this Constitution shall be construed as recognising in anyway the validity of the Administration of Namibia by the Government of theRepublic of South Africa or by the Administrator-General appointed by theGovernment of the Republic of South Africa to administer Namibia.Article 146Definitions(1)Unless the context otherwise indicates, any word or expression in thisConstitution shall bear the meaning given to such word or expression in any lawwhich deals with the interpretation of statutes and which was in operation withinthe territory of Namibia prior to the date of Independence.(2) (a)The word “Parliament” shall mean the National Assembly and, once the firstNational Council has been elected, shall mean the National Assemblyacting, when so required by this Constitution, subject to the review of theNational Council.
Table of Contents-63-(b) Any reference to the plural shall include the singular and any reference tothe singlular shall include the plural.(c) Any reference to the “date of Independence” or “Independence” shall bedeemed to be a reference to the day as of which Namibia is declared to beindependent by the Constituent Assembly.(d)Any reference to the “Constituent Assembly” shall be deemed to be areference to the Constituent Assembly elected for Namibia duringNovember 1989 as contemplated by United Nations Security CouncilResolution 435 of 1978.(e)Any reference to “Gazette” shall be deemed to be a reference to theGovernment Gazette of the Republic of Namibia.Article 147Repeal of LawsThe laws set out in Schedule 8 hereof are hereby repealed.Article 148Short TitleThis Constitution shall be called the Namibian Constitution.
Table of Contents-64-SCHEDULE 1Oath / Affirmation Of Judges”I,………………………….. do hereby swear/solemnly affirm that as a Judge of the Republic of Namibia I willdefend and uphold the Constitution of the Republic of Namibia as the Supreme Law and will fearlesslyadminister justice to all persons without favour or prejudice and in accordance with the laws of theRepublic of Namibia.(in the case of an oath) So help me God.”SCHEDULE 2Oath / Affirmation of Ministers and Deputy-Ministers”I,……………………………… do hereby swear/solemnly affirm that I will be faithful to the Republic ofNamibia, hold my office as Minister/Deputy-Minister with honour and dignity, uphold, protect and defendthe Constitution and faithfully obey, execute and administer the laws of the Republic of Namibia, servethe people of Namibia to the best of my ability, not divulge directly or indirectly any matters broughtbefore the Cabinet and entrusted to me under secrecy, and perform the duties of my office and thefunctions entrusted to me by the President conscientiously and to the best of my ability.(in the case of an oath) So help me God.”SCHEDULE 3Oath / Affirmation of Members of the National Assembly and the National Council”I,……………………………… do hereby swear/solemnly affirm that I will be faithful to the Republic of Namibiaand its people and I solemnly promise to uphold and defend the Constitution and laws of the Republicof Namibia to the best of my ability.(in the case of an oath) So help me God.”
Table of Contents-65-SCHEDULE 4Election of Members of the National Assembly(1) For the purpose of filling the seventy-two (72) seats in the National Assembly pursuant to theprovisions of Article 46 (1)(a) hereof, the total number of votes cast in a general election forthese seats shall be divided by seventy-two (72) and the result shall constitute the quota of votesper seat.(2) The total number of votes cast in favour of a registered political party which offers itself for thispurpose shall be divided by the quota of votes per seat and the result shall, subject to paragraph(3), constitute the number of seats to which that political party shall be entitled in the NationalAssembly.(3) Where the formula set out in paragraph (2) yields a surplus fraction not absorbed by the numberof seats allocated to the political party concerned, such surplus shall compete with other similarsurpluses accruing to any other political party or parties participating in the election, and anyundistributed seat or seats (in terms of the formula set out in paragraph (2)) shall be awardedto the party or parties concerned in sequence of the highest surplus.(4) Subject to the requirements pertaining to the qualification of members of the National Assembly,a political party which qualifies for seats in terms of paragraphs (2) and (3) shall be free tochoose in its own discretion which persons to nominate as members of the National Assemblyto fill the said seats.(5) Provision shall be made by Act of Parliament for all parties participating in an election ofmembers of the National Assembly to be represented at all material stages of the electionprocess and to be afforded a reasonable opportunity for scrutinising the counting of the votescast in such election.SCHEDULE 5Property vesting in The Government of Namibia(1) All property of which the ownership or control immediately prior to the date of Independencevested in the Government of the Territory of South West Africa, or in any RepresentativeAuthority constituted in terms of the Representative Authorities Proclamation, 1980(Proclamation AG 8 of 1980), or in the Government of Rehoboth, or in any other body, statutoryor otherwise, constituted by or for the benefit of any such Government or Authority immediatelyprior to the date of Independence, or which was held in trust for or on behalf of the Governmentof an independent Namibia, shall vest in or be under the control of the Government of Namibia.(2)For the purpose of this Schedule, “property” shall, without detracting from the generality of thatterm as generally accepted and understood, mean and include movable and immovableproperty, whether corporeal or incorporeal and wheresoever situate, and shall include any rightor interest therein.(3) All such immovable property shall be transferred to the Government of Namibia without paymentof transfer duty, stamp duty or any other fee or charge, but subject to any existing right, charge,obligation or trust on or over such property and subject also to the provisions of this Constitution.(4) The Registrar of Deeds concerned shall upon production to him or her of the title deed to anyimmovable property mentioned in paragraph (1) endorse such title deed to the effect that theimmovable property therein described is vested in the Government of Namibia and shall makethe necessary entries in his or her registers, and thereupon the said title deed shall serve andavail for all purposes as proof of the title of the Government of Namibia to the said property.
Table of Contents-66-SCHEDULE 6The National Flag of The Republic of NamibiaThe National Flag of Namibia shall be rectangular in the proportion of three in the length to two in thewidth, tierced per bend reversed, blue, white and green; the white bend reversed, which shall be onethird of the width of the flag, is charged with another of red, one quarter of the width of the flag. In theupper hoist there shall be a gold sun with twelve straight rays, the diameter of which shall be one thirdof the width of the flag, with its vertical axis one fifth of the distance from the hoist, positioned equidistantfrom the top edge and from the reversed bend. The rays, which shall each be two fifths of the radius ofthe sun, issue from the outer edge of a blue ring, which shall be one tenth of the radius of the sun.SCHEDULE 7Implementation of this Constitution1. On the day of Independence, the Secretary-General of the United Nations shall administer to thePresident, elected in terms of Article 134 hereof, the oath or affirmation prescribed by Article 30hereof.2. The President shall appoint the Prime Minister and administer to him or her the oath oraffirmation set out in Schedule 2 hereof.3. The President shall administer to the first Judges of Namibia, appointed under Article 138(1)hereof, the oath or affirmation set out in Schedule 1 hereof.4. On the day determined by the Constituent Assembly the National Assembly shall first meet, ata time and at a place specified by the Prime Minister.5. The members of the National Assembly, with the Prime Minister as Chairperson, shall:(a)take the oath or affirmation prescribed by Article 55 hereof before theJudge-President or a Judge designated by the JudgePresident for thispurpose;(b)elect the Speaker of the National Assembly.6. The National Assembly, with the Speaker as Chairperson, shall:(a)elect a Deputy-Speaker; (b)conduct such business as it deems appropriate;(c) adjourn to a date to be determined by the National Assembly.7.The rules and procedures followed by the Constituent Assembly for the holding of its meetingsshall, mutatis mutandis, be the rules and procedures to be followed by the National Assemblyuntil such time as the National Assembly has adopted rules of procedure and standing ordersunder Article 59 hereof.
Table of Contents-67-SCHEDULE 8Repeal Of LawsSouth-West Africa Constitution Act, 1968 (Act No. 39 of 1968) Rehoboth Self-Government Act, 1978 (Act No. 56 of 1976)Establishment of Office of Administrator-GeneraI for the Territory of SouthWest Africa Proclamation,1977 (Proclamation No. 180 of 1977 of the State President)Empowering of the Administrator-GeneraI for the Territory of South-West Africa to make LawsProclamation, 1977 (Proclamation No. 181 of 1977 of the State President) Representative Authorities Proclamation, 1980 (Proclamation AG. 8 of 1980) Representative Authority of the Whites Proclamation, 1980 (Proclamation AG. 12 of 1980) Representative Authority of the Coloureds Proclamation, 1980 (Proclamation AG. 14 of 1980) Representative Authority of the Ovambos Proclamation, 1980 (Proclamation AG. 23 of 1980) Representative Authority of the Kavangos Proclamation, 1980 (Proclamation AG.26 of 1980)Representative Authority of the Caprivians Proclamation, 1980 (Proclamation AG. 29 of 1980)Representative Authority of the Damaras Proclamation, 1980 (Proclamation AG. 32 of 1980)Representative Authority of the Namas Proclamation, 1980 (Proclamation AG. 35 of 1980)Representative Authority of the Tswanas Proclamation, 1980 (Proclamation AG. 47 of 1980)Representative Authority of the Hereros Proclamation, 1980 (Proclamation AG. 50 of 1980)Representative Authority Powers Transfer Proclamation, 1989 (Proclamation AG. 8 of 1989)Government of Rehoboth Powers Transfers Proclamation, 1989 (Proclamation AG. 32 of 1989)
Table of Contents-68-Government Gazette 24 December 1998m 2014Act m 34, 1998NAMIBIAN CONSTITUTION FIRSTAMENDMENT ACT, 1998EXPLANATORY NOTE:___________________Words underlined with a solid line indicates insertions in existing provisions.[ ]Words in bold type in square brackets indicate omissions from existingprovisions.ACTToamend the Namibian Constitution so as to provide that the first President ofNamibia may hold office as President for three terms, and to provide for incidentalmatters. (Signed by the President on 7 December 1998)BE IT ENACTED by the Parliament of the Republic of Namibia, in accordance with therequirements of Article 132 of the Namibian Constitution, as follows:-Amendment of Article 134 of the Namibian Constitution1.Article 134 of the Namibian Constitution is amended by the addition of thefollowing Sub-Article:“(3)Notwithstanding Article 29(3), the first President of Namibia may hold office asPresident for three terms”Short title2.This Act shall be called the Namibian Constitution First Amendment Act, 1998.