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Namibia Constitution of the Republic of Namibia Chapters 1 - 2 - 3

   

 CHAPTERS ON THIS PAGE:

 COMPLETE TABLE OF CONTENTS:

 

 

PREAMBLE

 

CHAPTER 1 THE REPUBLIC

Article   1  Establishment of the Republic of Namibia and identification of its Territory

Article   2  National Symbols

Article   3  Language

 

CHAPTER 2 CITIZENSHIP

Article   4  Acquisition and loss of Citizenship

 

CHAPTER 3 FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS

Article   5  Protection of Fundamental Rights and Freedoms

Article   6  Protection of Life

Article   7  Protection of Liberty

Article   8  Respect of Human Rights

Article   9  Slavery and Forced Labour

Article 10  Equality and Freedom from Discrimination

Article 11  Arrest and Detention

Article 12  Fair Trial

Article 13  Privacy

Article 14  Family

Article 15  Children's Rights

Article 16  Property

Article 17  Political Activity

Article 18  Administrative Justice

Article 19  Culture

Article 20  Education

Article 21  Fundamental Freedoms

Article 22  Limitation Upon Fundamental Rights and Freedoms

Article 23  Apartheid and Affirmative Action

Article 24  Derogation

Article 25  Enforcement of Fundamental Rights and Freedoms

 


Namibia Constitution of the Republic of Namibia

  PREAMBLE:

Whereas recognition of the inherent dignity and the equal and inalienable rights of all members of the human family is indispensable for freedom, justice and peace;

 

Whereas the said rights include the right of the individual to life, liberty and the pursuit of happiness regardless of race colour, ethnic origin, sex, religion, creed or social or economic status;

 

Whereas the said rights are most effectively maintained and protected in a democratic society, where the government is responsible to freely elected representatives of the people, operating under a sovereign constitution and a free and independent judiciary;

 

Whereas these rights have for so long been denied to the people of Namibia by colonialism, racism and apartheid;

 

Whereas we the people of Namibia -

 

have finally emerged victorious in our struggle against colonialism, racism and apartheid;

 

are determined to adopt a Constitution which expresses for ourselves and our children our resolve to cherish and to protect the gains of our long struggle;

 

desire to promote amongst all of us the dignity of the individual and the unity and integrity of the Namibian nation among and in association with the nations of the world;

 

will strive to achieve national reconciliation and to foster peace, unity and a common loyalty to a single state;

 

committed to these principles, have resolved to constitute the Republic of Namibia as a sovereign, secular, democratic and unitary State securing to all our citizens justice, liberty, equality and fraternity,

 

Now therefore we the people of Namibia accept and adopt this Constitution as the fundamental law of our Sovereign and Independent Republic.

 


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  Namibia Constitution of the Republic of Namibia

     CHAPTER 1 - THE REPUBLIC

 

  Article 1 - Establishment of the Republic of Namibia and Identification of its Territory

1.

 

 

The Republic of Namibia is hereby established as a sovereign, secular, democratic and unitary State founded upon the principles of democracy, the rule of law and justice for all.

 

2.

All power shall vest in the people of Namibia who shall exercise their sovereignty through the democratic institutions of the State.

 

3.

The main organs of the State shall be the Executive, the Legislature and the Judiciary.

 

4.

 

 

 

The national territory of Namibia shall consist of the whole of the territory recognised by the international community through the organs of the United Nations as Namibia, including the enclave, harbour and port of Walvis Bay, as well as the off-shore islands of Namibia, and its southern boundary shall extend to the middle of the Orange River.

 

5.

 

Windhoek shall be the seat of central Government

 

6.

 

This Constitution shall be the Supreme Law of Namibia.

 


 Article 2 - National Symbols

1.

Namibia shall have a National Flag, the description of which is set out in Schedule 6 hereof.

2.

 

 

 

Namibia shall have a National Coat of Arms, a National Anthem and a National Seal to be determined by Act of Parliament, which shall require a two-thirds majority of all the members of the National Assembly for adoption and amendment.

 

3.

 

 

(a)

 

 

The National Seal of the Republic of Namibia shall show the Coat of Arms circumscribed with the word "NAMIBIA" and the motto of the country, which shall be determined by Act of Parliament as aforesaid.

 

  (b)

 

 

The National Seal shall be in the custody of the President or such person whom the President may designate for such purpose and shall be used on such official documents as the President may determine.

 


  Article 3 - Language

1. The official language of Namibia shall be English.

 

2. Nothing contained in this Constitution shall prohibit the use of any other language as a medium of instruction in private schools or in schools financed or subsidised by the State, subject to compliance with such requirements as may be imposed by law, to ensure proficiency in the official language, or for pedagogic reasons.

 

3. Nothing contained in Sub-Article (1) hereof shall preclude legislation by Parliament which permits the use of a language other than English for legislative, administrative and judicial purposes in regions or areas where such other language or languages are spoken by a substantial component of the population.

 


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  Namibia Constitution of the Republic of Namibia

    CHAPTER 2 - CITIZENSHIP 

 

  Article 4 - Acquisition and Loss of Citizenship

1.

 

The following persons shall be citizens of Namibia by birth:

 

  (a)

 

those born in Namibia before the date of Independence whose fathers or mothers would have been Namibian citizens at the time of the birth of such persons, if this Constitution had been in force at that time; and

 

  (b)

 

those born in Namibia before the date of Independence, who are not Namibian citizens under Sub-Article (a) hereof, and whose fathers or mothers were ordinarily resident in Namibia at the time of the birth of such persons: provided that their fathers or mothers were not then persons:

    (aa)

 

who were enjoying diplomatic immunity in Namibia under any law relating to diplomatic privileges; or

 

    (bb)

 

who were career representatives of another country; or

 

    (cc)

 

 

 

 

 

 

who were members of any police, military or security unit seconded for service within Namibia by the Government of another country: provided further that this Sub-Article shall not apply to persons claiming citizenship of Namibia by birth if such persons were ordinarily resident in Namibia at the date of Independence and had been so resident for a continuous period of not less than five (5) years prior to such date, or if the fathers or mothers of such persons claiming citizenship were ordinarily resident in Namibia at the date of the birth of such persons and had been so resident for a continuous period of not less than five (5) years prior to such date;

  (c)

 

those born in Namibia after the date of Independence whose fathers or mothers are Namibian citizens at the time of the birth of such persons;

 

  (d)

 

 

 

those born in Namibia after the date of Independence who do not qualify for citizenship under Sub-Article (c) hereof, and whose fathers or mothers are ordinarily resident in Namibia at the time of the birth of such persons: provided that their fathers or mothers are not then persons:

 

    (aa)

 

enjoying diplomatic immunity in Namibia under any law relating to diplomatic privileges; or

 

    (bb)

 

who are career representatives of another country; or

 

    (cc)

 

 

who are members of any police, military or security unit seconded for service within Namibia by the Government of another country; or

 

    (dd)

 

who are illegal immigrants:

 

 

provided further that Sub-Articles (aa), (bb), (cc) and (dd) hereof will not apply to children who would otherwise be stateless.

 

2.

The following persons shall be citizens of Namibia by descent:

  (a)

 

 

 

those who are not Namibian citizens under Sub-Article (1) hereof and whose fathers or mothers at the time of the birth of such persons are citizens of Namibia or whose fathers or mothers would have qualified for Namibian citizenship by birth under Sub-Article (1) hereof, if this Constitution had been in force at that time; and

 

  (b)

 

 

 

 

who comply with such requirements as to registration of citizenship as may be required by Act of Parliament: provided that nothing in this Constitution shall preclude Parliament from enacting legislation which requires the birth of such persons born after the date of Independence to be registered within a specific time either in Namibia or at an embassy, consulate or office of a trade representative of the Government of Namibia.

 

3.

 

The following persons shall be citizens of Namibia by marriage:

 

  (a)

 

those who are not Namibian citizens under Sub-Article (1) or (2) hereof and who:

 

    (aa)

 

 

 

in good faith marry a Namibian citizen or, prior to the coming into force of this Constitution, in good faith married a person who would have qualified for Namibian citizenship if this Constitution had been in force; and

 

    (bb)

 

 

subsequent to such marriage have ordinarily resided in Namibia as the spouse of such person for a period of not less than two (2) years; and

 

    (cc)

 

apply to become citizens of Namibia;

 

  (b)

 

 

 

 

for the purposes of this Sub-Article (and without derogating from any effect that it may have for any other purposes) a marriage by customary law shall be deemed to be a marriage: provided that nothing in this Constitution shall preclude Parliament from enacting legislation which defines the requirements which need to be satisfied for a marriage by customary law to be recognised as such for the purposes of this Sub-Article.

 

4.

 

 

 

 

 

Citizenship by registration may be claimed by persons who are not Namibian citizens under Sub-Articles (1), (2) or (3) hereof and who were ordinarily resident in Namibia at the date of Independence, and had been so resident for a continuous period of not less than five (5) years prior to such date: provided that application for Namibian citizenship under this Sub-Article is made within a period of twelve (12) months from the date of Independence, and prior to making such application, such persons renounce the citizenship of any other country of which they are citizens.

 

5.

 

 

Citizenship by naturalisation may be applied for by persons who are not Namibian citizens under Sub-Articles(1), (2), (3) or (4) hereof and who:

 

  (a)

 

are ordinarily resident in Namibia at the time when the application for naturalisation is made; and

 

  (b)

 

 

have been so resident in Namibia for a continuous period of not less than five (5) years (whether before or after the date of Independence); and

 

  (c)

 

 

satisfy any other criteria pertaining to health, morality, security or legality of residence as may be prescribed by law.

 

6.

 

 

 

Nothing contained herein shall preclude Parliament from authorizing by law the conferment of Namibian citizenship upon any fit and proper person by virtue of any special skill or experience or commitment to or services rendered to the Namibian nation either before or at any time after the date of Independence.

 

7.

 

 

Namibian citizenship shall be lost by persons who renounce their Namibian citizenship by voluntarily signing a formal declaration to that effect.

 

8.

 

 

Nothing in this Constitution shall preclude Parliament from enacting legislation providing for the loss of Namibian citizenship by persons who, after the date of Independence:

 

  (a)

 

have acquired the citizenship of any other country by any voluntary act; or

 

  (b)

 

 

have served or volunteered to serve in the armed or security forces of any other country without the written permission of the Namibian Government; or

 

  (c)

 

 

have taken up permanent residence in any other country and have absented themselves thereafter from Namibia for a period in excess of two (2) years without the written permission of the Namibian Government:

 

 

provided that no person who is a citizen of Namibia by birth or descent may be deprived of Namibian citizenship by such legislation.

 

9.

 

 

Parliament shall be entitled to make further laws not inconsistent with this Constitution regulating the acquisition or loss of Namibian citizenship.

 

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  Namibia Constitution of the Republic of Namibia

    CHAPTER 3    -  FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS

Article 5 - Protection of Fundamental Rights and Freedoms

The fundamental rights and freedoms enshrined in this Chapter shall be respected and upheld by the Executive, Legislature and Judiciary and all organs of the Government and its agencies and, where applicable to them, by all natural and legal persons in Namibia, and shall be enforceable by the Courts in the manner hereinafter prescribed.

 


Article 6 - Protection of Life

The right to life shall be respected and protected. No law may prescribe death as a competent sentence. No Court or Tribunal shall have the power to impose a sentence of death upon any person. No executions shall take place in Namibia.

 


Article 7 - Protection of Liberty

No persons shall be deprived of personal liberty except according to procedures established by law.

 


  Article 8 - Respect for Human Dignity

 

1.

 

The dignity of all persons shall be inviolable.

 

2.

 

(a)

 

In any judicial proceedings or in other proceedings before any organ of the State, and during the enforcement of a penalty, respect for human dignity shall be guaranteed

 

  (b)

 

No persons shall be subject to torture or to cruel, inhuman or degrading treatment or punishment.

 


  Article 9 - Slavery and Forced Labour

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 not required in consequence of a sentence or order of a Court, is reasonably necessary in the interests of hygiene;

 

  (c)

 

 

 

any labour required of members of the defence force, the police force and the prison service in pursuance of their duties as such or, in the case of persons who have conscientious objections to serving as members of the defence force, any labour which they are required by law to perform in place of such service;

 

  (d)

 

 

 

 

any labour required during any period of public emergency or in the event of any other emergency or calamity which threatens the life and well-being of the community, to the extent that requiring such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with that situation;

 

  (e)

 

any labour reasonably required as part of reasonable and normal communal or other civic obligations.

 


  Article 10- Equality and Freedom from Discrimination

1.

 

All persons shall be equal before the law.

 

2.

 

No persons may be discriminated against on the grounds of sex, race, colour, ethnic origin, religion, creed or social or economic status.

 


  Article 11 - Arrest and Detention

1.

 

No persons shall be subject to arbitrary arrest or detention.

 

2.

 

No persons who are arrested shall be detained in custody without being informed promptly in a language they understand of the grounds for such arrest.

 

3.

 

 

 

 

All persons who are arrested and detained in custody shall be brought before the nearest Magistrate or other judicial officer within a period of forty-eight (48) hours of their arrest or, if this is not reasonably possible, as soon as possible thereafter, and no such persons shall be detained in custody beyond such period without the authority of a Magistrate or other judicial officer.

 

4.

 

 

 

Nothing contained in Sub-Article (3) hereof shall apply to illegal immigrants held in custody under any law dealing with illegal immigration: provided that such persons shall not be deported from Namibia unless deportation is authorised by a Tribunal empowered by law to give such authority.

 

5.

 

 

 

No persons who have been arrested and held in custody as illegal immigrants shall be denied the right to consult confidentially legal practitioners of their choice, and there shall be no interference with this right except such as is in accordance with the law and is necessary in a democratic society in the interest of national security or for public safety.

 


  Article 12 - Fair Trial

1.

 

 

 

 

(a)

 

 

 

 

In the determination of their civil rights and obligations or any criminal charges against them, all persons shall be entitled to a fair and public hearing by an independent, impartial and competent Court or Tribunal established by law: provided that such Court or Tribunal may exclude the press and/or the public from all or any part of the trial for reasons of morals, the public order or national security, as is necessary in a democratic society.

 

  (b)

 

A trial referred to in Sub-Article (a) hereof shall take place within a reasonable time, failing which the accused shall be released.

 

  (c)

 

Judgments in criminal cases shall be given in public, except where the interests of juvenile persons or morals otherwise require.

 

  (d)

 

All persons charged with an offence shall be presumed innocent until proven guilty according to law, after having had the opportunity of calling witnesses and cross-examining those called against them

 

  (e)

 

 

All persons shall be afforded adequate time and facilities for the preparation and presentation of their defence, before the commencement of and during their trial, and shall be entitled to be defended by a legal practitioner of their choice.

 

  (f)

 

 

No persons shall be compelled to give testimony against themselves or their spouses, who shall include partners in a marriage by customary law, and no Court shall admit in evidence against such persons testimony which has been obtained from such persons in violation of Article 8(2)(b) hereof.

 

2.

 

 

No persons shall be liable to be tried, convicted or punished again for any criminal offence for which they have already been convicted or acquitted according to law: provided that nothing in this Sub-Article shall be construed as changing the provisions of the common law defences of "previous acquittal" and "previous conviction".

 

3.

 

 

No persons shall be tried or convicted for any criminal offence or on account of any act or omission which did not constitute a criminal offence at the time when it was committed, nor shall a penalty be imposed exceeding that which was applicable at the time when the offence was committed.

 


  Article 13 - Privacy

1.

 

 

 

No persons shall be subject to interference with the privacy of their homes, correspondence or communications save as in accordance with law and as is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the protection of health or morals, for the prevention of disorder or crime or for the protection of the rights or freedoms of others.

 

2.

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 the danger of prejudicing the objects of the search or the public interest, and such procedures as are prescribed by Act of Parliament to preclude abuse are properly satisfied.

 


  Article 14 - Family

1.

 

 

 

Men and women of full age, without any limitation due to race, colour, ethnic origin, nationality, religion, creed or social or economic status shall have the right to marry and to found a family. They shall be entitled to equal rights as to marriage, during marriage and at its dissolution.

 

2.

 

 

Marriage shall be entered into only with the free and full consent of the intending spouses.

 

3.

 

 

The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

 


  Article 15 - Children's Rights

1.

 

Children shall have the right from birth to a name, the right to acquire a nationality and, subject to legislation enacted in the best interests of children, as far as possible the right to know and be cared for by their parents.

 

2.

 

 

 

Children are entitled to be protected from economic exploitation and shall not be employed in or required to perform work that is likely to be hazardous or to interfere with their education, or to be harmful to their health or physical, mental, spiritual, moral or social development. For the purposes of this Sub-Article children shall 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 any factory or mine, save under conditions and circumstances regulated by Act of Parliament. Nothing in this Sub-Article shall be construed as derogating in any way from Sub-Article (2) hereof.

 

4.

 

 

 

Any arrangement or scheme employed on any farm or other undertaking, the object or effect of which is to compel the minor children of an employee to work for or in the interest of the employer of such employee, shall for the purposes of Article 9 hereof be deemed to constitute an arrangement or scheme to compel the performance of forced labour.

 

5.

 

No law authorising preventive detention shall permit children under the age of sixteen (16) years to be detained.

 


  Article 16 - Property

1.

 

 

 

All persons shall have the right in any part of Namibia to acquire, own and dispose of all forms of immovable and movable property individually or in association with others and to bequeath their property to their heirs or legatees: provided that Parliament may by legislation prohibit or regulate as it deems expedient the right to acquire property by persons who are not Namibian citizens.

 

2.

 

 

The State or a competent body or organ authorised by law may expropriate property in the public interest subject to the payment of just compensation, in accordance with requirements and procedures to be determined by Act of Parliament.

 


  Article 17 - Political Activity

1.

 

 

 

All citizens shall have the right to participate in peaceful political activity intended to influence the composition and policies of the Government. All citizens shall have the right to form and join political parties and; subject to such qualifications prescribed by law as are necessary in a democratic society to participate in the conduct of public affairs, whether directly or through freely chosen representatives.

 

2.

 

Every citizen who has reached the age of eighteen (18) years shall have the right to vote and who has reached the age of twenty-one (21) years to be elected to public 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 categories of persons on such grounds of infirmity or on such grounds of public interest or morality as are necessary in a democratic society.

 


  Article 18 - Administrative Justice

 

Administrative bodies and administrative officials shall act fairly and reasonably and comply with the requirements imposed upon such bodies and officials by common law and any relevant legislation, and persons aggrieved by the exercise of such acts and decisions shall have the right to seek redress before a competent Court or Tribunal.

 


  Article 19 - Culture

 

Every person shall be entitled to enjoy, practise, profess, maintain and promote any culture, language, tradition or religion subject to the terms of this Constitution and further subject to the condition that the rights protected by this Article do not impinge upon the rights of others or the national interest.

 


  Article 20 - Education

1.

All persons shall have the right to education.

 

2.

Primary education shall be compulsory and the State shall provide reasonable facilities to render effective this right for every resident within Namibia, by establishing and maintaining State schools at which primary education will be provided free of charge.

 

3.

 

 

Children shall not be allowed to leave school until they have completed their primary education or have attained the age of sixteen (16) years, whichever is the sooner, save in so far as this may be authorised by Act of Parliament on grounds of health or other considerations pertaining to the public interest.

 

4.

 

All persons shall have the right, at their own expense, to establish and to maintain private schools, or colleges or other institutions of tertiary education: provided that:

 

  (a)

 

such schools, colleges or institutions of tertiary education are registered with a Government department in accordance with any law authorising and regulating such registration;

 

  (b)

 

 

the standards maintained by such schools, colleges or institutions of tertiary education are not inferior to the standards maintained in comparable schools, colleges or institutions of tertiary education funded by the State;

 

  (c)

 

no restrictions of whatever nature are imposed with respect to the admission of pupils based on race, colour or creed;

 

  (d)

 

no restrictions of whatever nature are imposed with respect to the recruitment of staff based on race or colour.

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  Article 21 - Fundamental Freedoms

1.

All persons shall have the right to:

  (a)

 

 freedom of speech and expression, which shall include freedom of the press and other media;

 

  (b)

freedom of thought, conscience and belief, which shall include academic freedom in institutions of higher learning;

  (c)

 

freedom to 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 join associations 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 exercised subject to the law of Namibia, in so far as such law imposes reasonable restrictions on the exercise of the rights and freedoms conferred by the said Sub-Article, which are necessary in a democratic society and are required in the interests of the sovereignty and integrity of Namibia, national security, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.

 


  Article 22 - Limitation upon Fundamental Rights and Freedoms

Whenever or wherever in terms of this Constitution the limitation of any fundamental rights or freedoms contemplated by this Chapter is authorised, any law providing for such limitation shall:

 

  (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 or Articles hereof on which authority to enact such limitation is claimed to rest.

 


  Article 23 - Apartheid and Affirmative Action

1.

 

 

 

 

The practice of racial discrimination and the practice and ideology of apartheid from which the majority of the people of Namibia have suffered for so long shall be prohibited and by Act of Parliament such practices, and the propagation of such practices, may be rendered criminally punishable by the ordinary Courts by means of such punishment as Parliament deems necessary for the purposes of expressing the revulsion of the Namibian people at such practices.

 

2.

 

 

 

 

 

Nothing contained in Article 10 hereof shall prevent Parliament from enacting legislation providing directly or indirectly for the advancement of persons within Namibia who have been socially, economically or educationally disadvantaged by past discriminatory laws or practices, or for the implementation of policies and programmes aimed at redressing social, economic or educational imbalances in the Namibian society arising out of past discriminatory laws or practices, or for achieving a balanced structuring of the public service, the police force, the defence force, and the prison service.

 

3.

 

 

 

In the enactment of legislation and the application of any policies and practices contemplated by Sub-Article (2) hereof, it shall be permissible to have regard to the fact that women in Namibia have traditionally suffered special discrimination and that they need to be encouraged and enabled to play a full, equal and effective role in the political, social, economic and cultural life of the nation.

 


  Article 24 - Derogation

1.

 

 

Nothing contained in or done under the authority of Article 26 hereof shall be held to be inconsistent with or in contravention of this Constitution to the extent that it authorises the taking of measures during any period when Namibia is in a state of national defence or any period when a declaration of emergency under this Constitution is in force.

 

2.

Where any persons are detained by virtue of such authorisation as is referred to in Sub-Article (1) hereof, the following provisions shall apply:

 

  (a)

 

 

 

they shall, as soon as reasonably practicable and in any case not more than five (5) days after the commencement of their detention, be furnished with a statement in writing in a language that they understand specifying in detail the grounds upon which they are detained and, at their request, this statement shall be read to them;

 

  (b)

 

 

not more than fourteen (14) days after the commencement of their detention, a notification shall be published in the Gazette stating that they have been detained and giving particulars of the provision of law under which their detention is authorised;  

 

  (c)

 

 

 

not more than one (1) month after the commencement of their detention and thereafter during their detention at intervals of not more than three (3) months, their cases shall be reviewed by the Advisory Board referred to in Article 26 (5)(c) hereof, which shall order their release from detention if it is satisfied that it is not reasonably necessary for the purposes of the emergency to continue the detention of such persons;

 

  (d)

 

 

 

they shall be afforded such opportunity for the making of representations as may be desirable or expedient in the circumstances, having regard to the public interest and the interests of the detained persons. (3) Nothing contained in this Article shall permit a derogation from or suspension of the fundamental rights or freedoms referred to in Articles 5, 6, 8, 9, 10, 12, 14, 15, 18, 19 and 21(1)(a), (b), (c) and

 

  (e)

 

hereof, or the denial of access by any persons to legal practitioners or a Court of law.

 


  Article 25 - Enforcement of Fundamental Rights and Freedoms

1.

 

 

 

Save in so far as it may be authorised to do so by this Constitution, Parliament or any subordinate legislative authority shall not make any law, and the Executive and the agencies of Government shall not take any action which abolishes or abridges the fundamental rights and freedoms conferred by this Chapter, and any law or action in contravention thereof shall to the extent of the contravention be invalid: provided that:

 

  (a)

 

 

 

 

 

a competent Court, instead of declaring such law or action to be invalid, shall have the power and the discretion in an appropriate case to allow Parliament, any subordinate legislative authority, or the Executive and the agencies of Government, as the case may be, to correct any defect in the impugned law or action within a specified period, subject to such conditions as may be specified by it. In such event and until such correction, or until the expiry of the time limit set by the Court, whichever be the shorter, such impugned law or action shall be deemed to be valid;

 

  (b)

 

 

 

any law which was in force immediately before the date of Independence shall remain in force until amended, repealed or declared unconstitutional. If a competent Court is of the opinion that such law is unconstitutional, it may either set aside the law, or allow Parliament to correct any defect in such 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 by this Constitution has been infringed or threatened shall be entitled to approach a competent Court to enforce or protect such a right or freedom, and may approach the Ombudsman to provide them with such legal assistance or advice as they require, and the Ombudsman shall have the discretion in response thereto to provide such legal or other assistance as he or she may consider expedient.

 

3.

 

 

 

 

Subject to the provisions of this Constitution, the Court referred to in Sub-Article (2) hereof shall have the power to make all such orders as shall be necessary and appropriate to secure such applicants the enjoyment of the rights and freedoms conferred on them under the provisions of this Constitution, should the Court come to the conclusion that such rights or freedoms have been unlawfully denied or violated, or that grounds exist for the protection of such rights or freedoms by interdict.

 

4.

 

 

The power of the Court shall include the power to award monetary compensation in respect of any damage suffered by the aggrieved persons in consequence of such unlawful denial or violation of their fundamental rights and freedoms, where it considers such an award to be appropriate in the circumstances of particular cases. 

 


 
   Chapters 4 - 5 - 6

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   Complete Table of Contents of the Constitution of the Republic of Namibia: 

 

CHAPTER 1  THE REPUBLIC

Article   1   Establishment of the Republic of Namibia and identification of its Territory

Article   2   National Symbols

Article   3   Language

 

CHAPTER 2  CITIZENSHIP

Article   4   Acquisition and loss of Citizenship

 

CHAPTER 3   FUNDAMENTAL RIGHTS AND FREEDOMS

Article   5   Protection of Fundamental Rights and Freedoms

Article   6   Protection of Life

Article   7   Protection of Liberty

Article   8   Respect of Human Rights

Article   9   Slavery and Forced Labour

Article 10   Equality and Freedom from Discrimination

Article 11   Arrest and Detention

Article 12   Fair Trial

Article 13  Privacy

Article 14  Family

Article 15  Children's Rights

Article 16  Property

Article 17  Political Activity

Article 18  Administrative Justice

Article 19  Culture

Article 20  Education

Article 21  Fundamental Freedoms

Article 22  Limitation Upon Fundamental Rights and Freedoms

Article 23  Apartheid and Affirmative Action

Article 24  Derogation

Article 25  Enforcement of Fundamental Rights and Freedoms

 

CHAPTER 4  PUBLIC EMERGENCY, STATE OF NATIONAL DEFENCE AND MARTIAL LAW

Article 26  State of Emergency, State of National Defence and Martial Law

 

CHAPTER 5  THE PRESIDENT

Article 27   Head of State and Government

Article 28  Election

Article 29  Term of Office

Article 30  Oath of Affirmation

Article 31  Immunity from Civil and Criminal Proceedings

Article 32  Functions, Powers and Duties

Article 33  Remuneration

Article 34  Succession

 

CHAPTER 6  THE CABINET

Article 35  Composition

Article 36  Functions of the Prime Minister

Article 37  Deputy-Minister

Article 38  Oath of Affirmation

Article 39  Vote of No Confidence

Article 40  Duties and Functions

Article 41  Ministerial Accountability

Article 42  Outside Employment

Article 43  Secretary to the Cabinet

 

CHAPTER 7   THE NATIONAL ASSEMBLY

Article 44  Legislative Power

Article 45  Representative Nature

Article 46  Composition

Article 47  Disqualification

Article 48  Vacation of Seats

Article 49  Elections

Article 50  Duration

Article 51  Speaker

Article 52  Secretary and other Officers

Article 53  Quorum

Article 54  Casting Vote

Article 55  Oath or Affirmation

Article 55  Assent to Bills

Article 57  Dissolution

Article 58  Conduct of Business after Dissolution

Article 59  Rules of Procedure, Committees and Standing Orders     

Article 60  Duties, Privileges and Immunities of Members

Article 61  Public Access to Sitting

Article 62  Sessions

Article 63  Functions and Powers

Article 64  Withholding of Presidential Assent

Article 65  Signature and Enrolment of Acts

Article 66  Customary and Common Law

Article 67  Requisite Majorities

 

CHAPTER 8   THE NATIONAL COUNCIL

Article 68  Establishment

Article 69  Composition

Article 70  Term of Office of Members

Article 71  Oath or Affirmation

Article 72  Qualifications of Members

Article 73  Chairperson and Vice Chairperson

Article 74  Powers and Function

Article 75  Review of Legislation

Article 76  Quorum

Article 77  Voting

 

CHAPTER 9  THE ADMINISTRATION OF JUSTICE

Article 78  The Judiciary

Article 79  The Supreme Court

Article 80  The High Court

Article 81  Binding Nature of Decisions of the Supreme Court

Article 82  Appointment of Judges

Article 83  Lower Courts

Article 84  Removal of Judges from Office

Article 85  The Judicial Service Commission

Article 86  Attorney-General

Article 87  Powers and Functions of the Attorney-General

Article 88  The Prosecutor-General

 

CHAPTER 10  THE OMBUDSMAN

Article 89  Establishment and Independence

Article 90  Appointment and Term of Office

Article 91  Functions

Article 92  Powers of Investigation

Article 93  Meaning of Official

Article 94  Removal from Office

 

CHAPTER 11   PRINCIPLES OF STATE POLICY

Article 95   Promotion of the Welfare of the People

Article 96   Foreign Relations

Article 97   Asylum

Article 98   Principles of Economic Order

Article 99    Foreign Investments

Article 100  Sovereign Ownership of Natural Resources

Article 101  Application of the Principle contained in this Chapter

 

CHAPTER 12  REGIONAL AND LOCAL GOVERNMENT 

Article 102  Structures of Regional and Local Government

Article 103  Establishment of Regional Councils

Article 104  The Delimitation Commission

Article 105  Composition of Regional Councils

Article 106  Regional Council Elections

Article 107  Remuneration of Members of Regional Councils

Article 108  Power of Regional Councils

Article 109  Management Committees

Article 110  Administration and Functioning of Regional Councils

Article 111  Local Authorities

 

CHAPTER 13  THE PUBLIC SERVICE COMMISSION 

Article 112  Establishment

Article 113  Functions

 

CHAPTER 14  THE SECURITY COMMISSION 

Article 114  Establishment and Functions

 

CHAPTER 15  THE POLICE AND DEFENCE FORCES AND THE PRISON SERVICE

Article 115  Establishment of the Police Force

Article 116  The Inspector-General of Police

Article 117  Removal of the Inspector-General of Police

Article 118  Establishment of the Defence Force

Article 119  Chief of the Defence Force

Article 120  Removal of the Chief of the Defence Force

Article 121  Establishment of the Prisons

Article 122  Commissioner of Prisons

Article 123  Removal of Commissioner of Prisons

 

CHAPTER 16    FINANCE

Article 124  Transfer of Government Assets

Article 125  The State Revenue Fund

Article 126  Appropriations

Article 127  The Auditor-General

 

CHAPTER 17    CENTRAL BANK AND NATIONAL PLANNING COMMISSION

Article 128  The Central Bank

Article 129  The National Planning Constitution

 

CHAPTER18     COMING INTO FORCE OF THE CONSTITUTION

Article 130  Coming into Force of the Constitution

 

CHAPTER 19  AMENDMENT OF THE CONSTITUTION

Article 131  Entrenchment of Fundamental Rights and Freedoms

Article 132  Repeal and Amendment of the Constitution

 

CHAPTER 20  THE LAW IN FORCE AND TRANSITIONAL PROVISIONS

Article 133  The First National Assembly

Article 134  Election of the First President

Article 135  Implementation of this Constitution

Article 136  Powers of the National Assembly prior to the  Election of a National Council

Article 137  Elections of the First Regional Councils and the First National Council

Article 138  Courts and Pending Actions

Article 139  The Judicial Service Commission

Article 140  The Law in force at the Date of Independence

Article 141  Existing Appointments

Article 142  Appointment of the First Chief of the Defence Force, the First Inspector-General of Police and the First

                 Commissioner of Prisons.

Article 143  Existing International Agreements

 

CHAPTER 21    FINAL PROVISIONS

Article 144  International Law

Article 145  Saving

Article 146   Definitions

Article 147  Repeal of Law

Article148   Short Title

 

SCHEDULE 1    OATH / AFFIRMATION OF JUDGES

SCHEDULE 2    OATH / AFFIRMATION OF MINISTER AND DEPUTY-MINISTERS

SCHEDULE 3    OATH / AFFIRMATION OF THE NATIONAL ASSEMBLY AND THE NATIONAL COUNCIL

SCHEDULE 4    ELECTION OF MEMBERS OF THE NATIONAL ASSEMBLY

SCHEDULE 5    PROPERTY VESTING IN THE GOVERNMENT OF NAMIBIA

SCHEDULE 6    THE NATIONAL FLAG OF THE REPUBLIC OF NAMIBIA

SCHEDULE 7    IMPLEMENTATION OF THIS CONSTITUTION

SCHEDULE 8    REPEAL OF LAWS

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Namibia Constitution of the Republic of Namibia

 
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