Namibian Constitution

1 Namibian Constitution (GG 2). The Namibian Constitution was published and came into force on the date of Independence: 21 March 1990 (Article 130). as amended by Namibian Constitution First Amendment Act 34 of 1998 (GG 2014). This amending Act came into force on its date of publication: 24 December 1998. Namibian Constitution Second Amendment Act 7 of 2010 (GG 4480). This amending Act came into force on its date of publication: 7 May 2010, with some exceptions (section 17 of Act 7 of 2010): Sections 6 and 12 commenced on the date the term of office of the existing members of the National Council ends , referring to the members of the National Council in office when Act 7 of 2010 was enacted. There is some uncertainty about what this date actually was. Article 70(1) of the Namibian Constitution , as it stood prior to amendment by the Namibian Constitution Second Amendment Act 7 of 2010, stated that members of the National Council shall hold their seats for six (6) years from the date of their election.

2 This is somewhat inconsistent with 26(2) of the Regional Councils Act 22 of 1992, which states that a regional council member elected to the National Council shall become a member of the National Council with effect from the date following the date on which the period of office of the existing members expires . There are also different methods for counting years . Namibian Constitution Third Amendment Act 8 of 2014 (GG 5589). This amending Act came into force on its date of publication: 13 October 2014, with some exceptions (section 46 of Act 8 of 2014): Sections 1, 2(a), (b) and (d), 4(a) and (b), 5, 6, 7, 8, 9, 41 and 43 commenced after the expiry of the term of office of the President of the republic of namibia in office when Act 8 of 2014 was enacted. Sections 4(d), 10, 12 and 44 commenced after the expiry of the term of office of the members of the National Assembly in office when Act 8 of 2014 was enacted. Sections 14 and 18 commenced after the expiry of the term of office of the members of the National Council in office when Act 8 of 2014 was enacted.

3 The references to provisions coming into force after the expiry of certain terms of office do not provide precise commencement dates for the provisions in question. The intention may have been rather for the provisions in question to come into force upon the expiry or on the date of expiry of these terms of office. Article 29(1)(a) of the Namibian Constitution states The President's term of office shall be five (5). years unless he or she dies or resigns before the expiry of the said term or is removed from office. Article 50 of the Namibian Constitution provides that every National Assembly shall continue for a maximum period of five (5) years , thus allowing for some flexibility. Article 70(1) of the Namibian Constitution , after republic of namibia 2 Annotated Statutes Namibian Constitution amendment in 2010, states that Members of the National Council shall hold their seats for five (5) years from the date of their election.

4 This is somewhat inconsistent with 26(2) of the Regional Councils Act 22. of 1992, which states that a regional council member elected to the National Council shall become a member of the National Council with effect from the date following the date on which the period of office of the existing members expires . There are also different methods for counting years . TABLE OF CONTENTS. [The Table of Contents in the Government Gazette includes page numbers. Because of the amendments and annotations, the original page numbers are not accurate for this version of the Namibian Constitution and have been revised accordingly. Capitalisation is reproduced throughout the document as it appears in the Government Gazette, unless otherwise noted. The amending Acts refer to paragraphs and subparagraphs , but the Constitution itself refers to only to Sub-Articles regardless of whether the sections are numbered ((1),(2),(3), etc), lettered ((a),(b),(c), etc) or double-lettered ((aa),(bb),(cc), etc).]

5 ]. PREAMBLE.. 8 .. CHAPTER 1 THE republic . Article 1 Establishment of the republic of namibia and identification of its Territory .. 9. Article 2 National 9. Article 3 10. CHAPTER 2 CITIZENSHIP. Article 4 Acquisition and Loss of Citizenship .. 10. CHAPTER 3 FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS. Article 5 Protection of Fundamental Rights and Freedoms .. 13. Article 6 Protection of Life .. 13. Article 7 Protection of Liberty .. 13. Article 8 Respect for Human Dignity .. 13. Article 9 Slavery and Forced Labour .. 13. Article 10 Equality and Freedom from Discrimination .. 14. Article 11 Arrest and Detention .. 14. Article 12 Fair Trial .. 15. Article 13 Privacy .. 16. Article 14 Family .. 16. Article 15 Children's Rights .. 16. Article 16 17. Article 17 Political Activity .. 17. Article 18 Administrative 17. Article 19 Culture .. 17. republic of namibia 3 Annotated Statutes Namibian Constitution Article 20 Education .. 18.

6 Article 21 Fundamental Freedoms .. 18. Article 22 Limitation upon Fundamental Rights and Freedoms .. 19. Article 23 Apartheid and Affirmative Action .. 19. Article 24 Derogation .. 20. Article 25 Enforcement of Fundamental Rights and Freedoms .. 21. CHAPTER 4 PUBLIC EMERGENCY, STATE OF NATIONAL. DEFENCE AND MARTIAL LAW. Article 26 State of Emergency, State of National Defence and Martial Law .. 22. CHAPTER 5 THE PRESIDENT. Article 27 Head of State and Government .. 23. Article 27A Composition of the Presidency .. 23. [Article 27A is inserted by the Namibian Constitution Third Amendment Act 8 of 2014.]. Article 28 Election of the President and appointment of the Vice-President .. 23. [The heading of Article 28 is substituted by the Namibian Constitution Third Amendment Act 8 of 2014.]. Article 29 Term of Office .. 25. Article 30 Oath of Affirmation .. 26. [The heading of Article 30 is Oath or Affirmation in the text below.]

7 ]. Article 31 Immunity from Civil and Criminal Proceedings .. 26. Article 32 Functions, Powers and Duties .. 27. Article 33 Remuneration .. 30. Article 34 30. CHAPTER 6 THE CABINET. Article 35 Composition .. 31. Article 36 Functions of the Prime Minister .. 31. Article 37 Deputy-Ministers .. 32. Article 38 Oath or Affirmation .. 32. Article 39 Vote of No Confidence .. 32. Article 40 Duties and Functions .. 32. Article 41 Ministerial Accountability .. 33. Article 42 Outside Employment .. 33. Article 43 Secretary to the Cabinet .. 33. CHAPTER 7 THE NATIONAL ASSEMBLY. Article 44 Legislative Power .. 34. Article 45 Representative Nature .. 34. Article 46 Composition .. 34. Article 47 35. Article 48 Vacation of Seats .. 35. Article 49 Elections .. 36. Article 50 Duration .. 36. Article 51 Speaker .. 36. Article 52 Secretary and other Officers .. 37. Article 53 Quorum .. 37. republic of namibia 4 Annotated Statutes Namibian Constitution Article 54 Casting Vote.

8 37. Article 55 Oath or Affirmation .. 38. Article 56 Assent to Bills .. 38. Article 57 Dissolution .. 38. Article 58 Conduct of Business after 38. Article 59 Rules of Procedure, Committees and Standing Orders .. 39. Article 60 Duties, Privileges and Immunities of Members .. 39. Article 61 Public Access to 39. Article 62 40. Article 63 Functions and Powers .. 40. Article 64 Withholding of Presidential Assent.. 41. Article 65 Signature and Enrolment of Acts .. 42. Article 66 Customary and Common Law .. 42. Article 67 Requisite Majorities .. 42. CHAPTER 8 THE NATIONAL COUNCIL. Article 68 Establishment .. 42. Article 69 Composition .. 42. Article 70 Term of Office of Members .. 43. Article 71 Oath or Affirmation .. 43. Article 72 Qualifications of Members .. 43. Article 73 Chairperson and Vice-Chairperson .. 43. Article 73A Secretary and other Officers .. 43. [Article 73A is inserted by the Namibian Constitution Third Amendment Act 8 of 2014.]

9 ]. Article 74 Powers and Functions .. 44. Article 75 Review of Legislation .. 45. Article 76 Quorum .. 46. Article 77 Voting .. 46. CHAPTER 9 THE ADMINISTRATION OF JUSTICE. Article 78 The 47. Article 79 The Supreme court .. 48. [ Court is capitalised in the heading which appears in the text of the Constitution .]. Article 80 The High Court .. 48. Article 81 Binding Nature of Decisions of the Supreme Court .. 49. Article 82 Appointment of Judges .. 49. Article 83 Lower Courts .. 49. Article 84 Removal of Judges from Office .. 50. Article 85 The Judicial Service 50. Article 86 The Attorney-General .. 51. Article 87 Powers and Functions of the Attorney-General .. 51. Article 88 The Prosecutor-General .. 51. Article 88A Removal of Prosecutor-General from office ..52. [Article 88A is inserted by the Namibian Constitution Third Amendment Act 8 of 2014.]. CHAPTER 10 THE OMBUDSMAN. Article 89 Establishment and Independence .. 53.

10 Article 90 Appointment and Term of Office .. 53. Article 91 53. republic of namibia 5 Annotated Statutes Namibian Constitution Article 92 Powers of Investigation .. 55. Article 93 Meaning of Official .. 55. Article 94 Removal from Office .. 55. CHAPTER 10A ANTI-CORRUPTION MEASURES. Article 94A Anti-Corruption Measures .. 56. [Chapter 10A, comprising Article 94A, is inserted by the Namibian Constitution Second Amendment Act 7 of 2010.]. CHAPTER 10B ELECTORAL COMMISSION OF namibia . Article 94B Electoral Commission of namibia .. 57. [Chapter 10B, comprising Article 94B, is inserted by the Namibian Constitution Third Amendment Act 8 of 2014.]. CHAPTER 11 PRINCIPLES OF STATE POLICY. Article 95 Promotion of the Welfare of the People .. 58. Article 96 Foreign Relations .. 59. Article 97 Asylum .. 59. Article 98 Principles of Economic 59. Article 99 Foreign Investments .. 60. Article 100 Sovereign Ownership of Natural Resources.