Namibia Constitution of the Republic of Namibia Chapters 4 - 5 - 6

 CHAPTERS ON THIS PAGE:

 COMPLETE TABLE OF CONTENTS:

 

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 5   -  THE PRESIDENT

The President shall be the Head of State and of the Government and the Commander-in-Chief of the Defence Force.

 

The executive power of the Republic of Namibia shall vest in the President and the Cabinet.

 

Except as may be otherwise provided in this Constitution or by law, the President shall in the exercise of his or her functions be obliged to act in consultation with the Cabinet.

 

The President shall be elected in accordance with the provisions of this Constitution and subject thereto.

 

Election of the President shall be:

 

by direct, universal and equal suffrage; and

 

conducted in accordance with principles and procedures to be determined by Act of Parliament: provided that no person shall be elected as President unless he or she has received more than fifty (50) per cent of the votes cast and the necessary number of ballots shall be conducted until such result is reached.

 

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 shall be eligible for election as President.

 

The procedures to be followed for the nomination of candidates for election as President, and for all matters necessary and incidental to ensure the free, fair and effective election of a President, shall be determined by Act of Parliament: provided that any registered political party shall be entitled to nominate a candidate, and any person supported by a minimum number of registered voters to be determined by Act of Parliament shall also be entitled to be nominated as a candidate.

 

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.

 

In the event of the dissolution of the National Assembly in the circumstances provided for under Article 57(1) hereof, the President's term of office shall also expire.

 

A President shall be removed from office if a two-thirds majority of all the members of the National Assembly, confirmed by a two-thirds majority of all the members of the National Council, adopts a resolution impeaching the President on the ground that he or she has been guilty of a violation of the Constitution or guilty of a serious violation of the laws of the land or otherwise guilty of such gross misconduct or ineptitude as to render him or her unfit to hold with dignity and honour the office of President.

 

A person shall hold office as President for not more than two terms.

 

If a President dies, resigns or is removed from office in terms of this Constitution, the vacant office of President shall be filled for the unexpired period thereof as follows:

 

if the vacancy occurs not more than one (1) year before the date on which Presidential elections are required to be held, the vacancy shall be filled in accordance with the provisions of Article 34 hereof;

 

if the vacancy occurs more than one (1) year before the date on which Presidential elections are required to be held, an election for the President shall be held in accordance with the provisions of Article 28 hereof within a period of ninety (90) days from the date on which the vacancy occurred, and pending such election the vacant office shall be filled in accordance with the provisions of Article 34 hereof.

 

Before formally assuming office, a President-elect shall make the following oath or affirmation which shall be administered by the Chief Justice or a Judge designated by the Chief Justice for this purpose:

 

"l, .................................... do hereby swear/solemnly affirm,

That I will strive to the best of my ability to uphold, protect and defend as the Supreme Law the Constitution of the Republic of Namibia, and faithfully to obey, execute and administer the laws of the Republic of Namibia;

That I will protect the independence, sovereignty, territorial integrity and the material and spiritual resources of the Republic of Namibia; and

That I will endeavour to the best of my ability to ensure justice for all the inhabitants of the Republic of Namibia.

(in the case of an oath)
So help me God."

 

No person holding the office of President or performing the functions of President may be sued in any civil proceedings save where such proceedings concern an act done in his or her official capacity as President.

 

No person holding the office of President shall be charged with any criminal offence or be amenable to the criminal jurisdiction of any Court in respect of any act allegedly performed, or any omission to perform any act, during his or her tenure of office as President.

 

After a President has vacated that office:

 

no Court may entertain any action against him or her in any civil proceedings in respect of any act done in his or her official capacity as President;

 

a civil or criminal Court shall only have jurisdiction to entertain proceedings against him or her, in respect of acts of commission or omission alleged to have been perpetrated in his or her personal capacity whilst holding office as President, if Parliament by resolution has removed the President on the grounds specified in this Constitution and if a resolution is adopted by Parliament resolving that any such proceedings are justified in the public interest notwithstanding any damage such proceedings might cause to the dignity of the office of President.

 

As the Head of State, the President shall uphold, protect and defend the Constitution as the Supreme Law, and shall perform with dignity and leadership all acts necessary, expedient, reasonable and incidental to the discharge of the executive functions of the Government, subject to the overriding terms of this Constitution and the laws of Namibia, which he or she is constitutionally obliged to protect, to administer and to execute.

 

In accordance with the responsibility of the executive branch of Government to the legislative branch, the President and the Cabinet shall each year during the consideration of the official budget attend Parliament. During such session the President shall address Parliament on the state of the nation and on the future policies of the Government, shall report on the policies of the previous year and shall be available to respond to questions.

 

Without derogating from the generality of the functions and powers contemplated by Sub-Article (1) hereof, the President shall preside over meetings of the Cabinet and shall have the power, subject to this Constitution to:

 

dissolve the National Assembly by Proclamation in the circumstances provided for in Article 57(1) hereof;

 

determine the times for the holding of special sessions of the National Assembly, and to prorogue such sessions;

 

accredit, receive and recognise ambassadors, and to appoint ambassadors, plenipotentiaries, diplomatic representatives and other diplomatic officers, consuls and consular officers;

 

pardon or reprieve offenders, either unconditionally or subject to such conditions as the President may deem fit;

negotiate and sign international agreements, and to delegate such power;

 

declare martial law or, if it is necessary for the defence of the nation, declare that a state of national defence exists: provided that this power shall be exercised subject to the terms of Article 26(7) hereof;

 

establish and dissolve such Government departments and ministries as the President may at any time consider to be necessary or expedient for the good government of Namibia;

 

confer such honours as the President considers appropriate on citizens, residents and friends of Namibia in consultation with interested and relevant persons and institutions;

 

appoint the following persons:

 

the Prime Minister;

 

Ministers and Deputy-Ministers;

 

the Attorney-General;

 

the Director-General of Planning;

 

any other person or persons who are required by any other provision of this Constitution or any other law to be appointed by the President.

 

The President shall also have the power, subject to this Constitution, to appoint:

 

on the recommendation of the Judicial Service Commission:

 

the Chief Justice, the Judge-President of the High Court and other Judges of the Supreme Court and the High Court;

 

the Ombudsman;

 

the Prosecutor-General;

 

on the recommendation of the Public Service Commission:

 

the Auditor-General;

 

the Governor and the Deputy-Governor of the Central Bank;

 

on the recommendation of the Security Commission:

 

the Chief of the Defence Force;

 

the Inspector-General of Police;

 

the Commissioner of Prisons.

 

Subject to the provisions of this Constitution dealing with the signing of any laws passed by Parliament and the promulgation and publication of such laws in the Gazette, the President shall have the power to:

 

sign and promulgate any Proclamation which by law he or she is entitled to proclaim as President;

 

initiate, in so far as he or she considers it necessary and expedient, laws for submission to and consideration by the National Assembly;

 

appoint as members of the National Assembly but without any vote therein, not more than six (6) persons by virtue of their special expertise, status, skill or experience.

 

Subject to the provisions of this Constitution or any other law, any person appointed by the President pursuant to the powers vested in him or her by this Constitution or any other law may be removed by the President by the same process through which such person was appointed.

 

Subject to the provisions of this Constitution and of any other law of application in this matter, the President may, in consultation with the Cabinet and on the recommendation of the Public Service Commission:

 

constitute any office in the public service of Namibia not otherwise provided for by any other law;

 

appoint any person to such office,

 

determine the tenure of any person so appointed as well as the terms and conditions of his or her service.

 

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.

 

Subject to the provisions of this Constitution and save where this Constitution otherwise provides, any action taken by the President pursuant to any power vested in the President by the terms of this Article shall be capable of being reviewed, reversed or corrected on such terms as are deemed expedient and proper should there be a resolution proposed by at least one-third of all the members of the National Assembly and passed by a two-thirds majority of all the members of the National Assembly disapproving any such action and resolving to review, reverse or correct it.

 

Notwithstanding the review, reversal or correction of any action in terms of Sub-Article (9) hereof, all actions performed pursuant to any such action during the period preceding such review, reversal or correction shall be deemed to be valid and effective in law, until and unless Parliament otherwise enacts.

 

Provision shall be made by Act of Parliament for the payment out of the State Revenue Fund of remuneration and allowances for the President, as well as for the payment of pensions to former Presidents and, in the case of their deaths, to their surviving spouses.

 

If the office of President becomes vacant or if the President is otherwise unable to fulfil the duties of the office, the following persons shall in the order provided for in this Sub-Article act as President for the unexpired portion of the President's term of office or until the President is able to resume office, whichever is the earlier:

 

the Prime Minister;

 

the Deputy-Prime Minister;

 

a person appointed by the Cabinet.

 

Where it is regarded as necessary or expedient that a person deputise for the President because of a temporary absence from the country or because of pressure of work, the President shall be entitled to nominate any person enumerated in Sub-Article (1) hereof to deputise for him or her in respect of such specific occasions or such specific matters and for such specific periods as in his or her discretion may be considered wise and expedient, subject to consultation with the Cabinet.

 

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  Namibia Constitution of the Republic of Namibia

   CHAPTER 6   -  THE CABINET

The Cabinet shall consist of the President, the Prime Minister and such other Ministers as the President may appoint from the members of the National Assembly, including members nominated under Article 46(1)(b) hereof, for the purposes of administering and executing the functions of the Government.

 

The President may also appoint a Deputy-Prime Minister to perform such functions as may be assigned to him or her by the President or the Prime Minister.

 

The President or, in his or her absence, the Prime Minister or other Minister designated for this purpose by the President, shall preside at meetings of the Cabinet.

 

The Prime Minister shall be the leader of Government business in Parliament, shall co-ordinate the work of the Cabinet and shall advise and assist the President in the execution of the functions of Government.

 

The President may appoint from the members of the National Assembly, including members nominated under Article 46(1)(b) hereof, and the National Council such Deputy-Ministers as he or she may consider expedient, to exercise or perform on behalf of Ministers any of the powers, functions and duties which may have been assigned to such Ministers.

 

Before assuming office, a Minister or Deputy-Minister shall make and subscribe to an oath or solemn affirmation before the President or a person designated by the President for this purpose, in the terms set out in Schedule 2 hereof.

 

The President shall be obliged to terminate the appointment of any member of the Cabinet, if the National Assembly by a majority of all its members resolves that it has no confidence in that member.

 

The members of the Cabinet shall have the following functions:

 

to direct, co-ordinate and supervise the activities of Ministries and Government departments including para-statal enterprises, and to review and advise the President and the National Assembly on the desirability and wisdom of any prevailing subordinate legislation, regulations or orders pertaining to such para-statal enterprises, regard being had to the public interest;

 

to initiate bills for submission to the National Assembly;

 

to formulate, explain and assess for the National Assembly the budget of the State and its economic development plans and to report to the National Assembly thereon;

 

to carry out such other functions as are assigned to them by law or are incidental to such assignment;

 

to attend meetings of the National Assembly and to be available for the purposes of any queries and debates pertaining to the legitimacy, wisdom, effectiveness and direction of Government policies;

 

to take such steps as are authorised by law to establish such economic organisations, institutions and para-statal enterprises on behalf of the State as are directed or authorised by law;

to formulate, explain and analyse for the members of the National Assembly the goals of Namibian foreign policy and its relations with other States and to report to the National Assembly thereon;

 

to formulate, explain and analyse for the members of the National Assembly the directions and content of foreign trade policy and to report to the National Assembly thereon;

 

to assist the President in determining what international agreements are to be concluded, acceded to or succeeded to and to report to the National Assembly thereon;

 

to advise the President on the state of national defence and the maintenance of law and order and to inform the National Assembly thereon;

 

to issue notices, instructions and directives to facilitate the implementation and administration of laws administered by the Executive, subject to the terms of this Constitution or any other law;

 

to remain vigilant and vigorous for the purposes of ensuring that the scourges of apartheid, tribalism and colonialism do not again manifest themselves in any form in a free and independent Namibia and to protect and assist disadvantaged citizens of Namibia who have historically been the victims of these pathologies.

 

All Ministers shall be accountable individually for the administration of their own Ministries and collectively for the administration of the work of the Cabinet, both to the President and to Parliament.

During their tenure of office as members of the Cabinet, Ministers may not take up any other paid employment, engage in activities inconsistent with their positions as Ministers, or expose themselves to any situation which carries with it the risk of a conflict developing between their interests as Ministers and their private interests.

 

No members of the Cabinet shall use their positions as such or use information entrusted to them confidentially as such members of the Cabinet, directly or indirectly to enrich themselves.

 

There shall be a Secretary to the Cabinet who shall be appointed by the President and who shall perform such functions as may be determined by law and such functions as are from time to time assigned to the Secretary by the President or the Prime Minister. Upon appointment by the President, the Secretary shall be deemed to have been appointed to such office on the recommendation of the Public Service Commission.

 

The Secretary to the Cabinet shall also serve as a depository of the records, minutes and related documents of the Cabinet.

 

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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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