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Namibia Constitution of the Republic of Namibia Chapters 7 - 8
   

 CHAPTERS ON THIS PAGE:

 COMPLETE TABLE OF CONTENTS:

 

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

 
 

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   Namibia Constitution of the Republic of Namibia

   CHAPTER 7     -  THE NATIONAL ASSEMBLY


  Article 44 - Legislative Power
The legislative power of Namibia shall be vested in the National Assembly with the power to pass laws with the assent of the President as provided in this Constitution subject, where applicable, to the powers and functions of the National Council as set out in this Constitution.

 


  Article 45 - Representative Nature
The members of the National Assembly shall be representative of all the people and shall in the performance of their duties be guided by the objectives of this Constitution, by the public interest and by their conscience.

 


  Article 46 - Composition
(1)
The composition of the National Assembly shall be as follows:

 

  (a)
seventy-two (72) members to be elected by the registered voters by general, direct and secret ballot. Every Namibian citizen who has the qualifications described in Article 17 hereof shall be entitled to vote in the elections for members of the National Assembly and, subject to Article 47 hereof, shall be eligible for candidature as a member of the National Assembly;

 

  (b)
not more than six (6) persons appointed by the President under Article 32(5)(c) hereof, by virtue of their special expertise, status, skill or experience: provided that such members shall have no Vote in the National Assembly, and shall not be taken into account for the purpose of determining any specific majorities that are required under this Constitution or any other law.

 

(2) Subject to the principles referred to in Article 49 hereof, the members of the National Assembly referred to in Sub-Article (1)(a) hereof shall be elected in accordance with procedures to be determined by Act of Parliament.

 


  Article 47 - Disqualification of Members
(1)
No persons may become members of the National Assembly if they:

 

  (a)
have at any time after Independence been convicted of any offence in Namibia, or outside Namibia if such conduct would have constituted an offence within Namibia, and for which they have been sentenced to death or to imprisonment of more than twelve (12) months without the option of a fine, unless they have received a free pardon or unless such imprisonment has expired at least ten (10) years before the date of their election; or

 

  (b)
have at any time prior to Independence been convicted of an offence, if such conduct would have constituted an offence within Namibia after Independence, and for which they have been sentenced to death or to imprisonment of more than twelve (12) months without the option of a fine, unless they have received a free pardon or unless such imprisonment has expired at least ten (10) years before the date of their election: provided that no person sentenced to death or imprisonment for acts committed in connection with the struggle for the independence of Namibia shall be disqualified under this Sub-Article from being elected as a member of the National Assembly; or

 

  (c)
are un-rehabilitated insolvents; or

 

  (d)
are of unsound mind and have been so declared by a competent Court: or

 

  (e)
are remunerated members of the public service of Namibia; or

 

  (f)
are members of the National Council, Regional Councils or Local Authorities.

 

(2)
For the purposes of Sub-Article (1) hereof:

 

  (a)
no person shall be considered as having been convicted by any Court until any appeal which might have been noted against the conviction or sentence has been determined, or the time for noting an appeal against such conviction has expired;

 

  (b)
the public service shall be deemed to include the defence force, the police force, the prison service, para-statal enterprises, Regional Councils and Local Authorities.

 


  Article 48 - Vacation of Seats
(1)
Members of the National Assembly shall vacate their seats:

 

  (a)
if they cease to have the qualifications which rendered them eligible to be members of the National Assembly;

 

  (b)
if the political party which nominated them to sit in the National Assembly informs the Speaker that such members are no longer members of such political party;

 

  (c)
if they resign their seats in writing addressed to the Speaker;

 

  (d)
if they are removed by the National Assembly pursuant to its rules and standing orders permitting or requiring such removal for good and sufficient reasons;

 

  (e)
if they are absent during sittings of the National Assembly for ten (10) consecutive sitting days, without having obtained the special leave of the National Assembly on grounds specified in its rules and standing orders.

 

(2)
If the seat of a member of the National Assembly is vacated in terms of Sub-Article (1) hereof, the political party which nominated such member to sit in the National Assembly shall be entitled to fill the vacancy by nominating any person on the party's election list compiled for the previous general election, or if there be no such person, by nominating any member of the party.

 


  Article 49 - Elections
The election of members in terms of Article 46(1)(a) hereof shall be on party lists and in accordance with the principles of proportional representation as set out in Schedule 4 hereof.

 


  Article 50 - Duration
Every National Assembly shall continue for a maximum period of five (5) years, but it may before the expiry of its term be dissolved by the President by Proclamation as provided for in Articles 32(3)(a) and 57(1) hereof.

 


  Article 51 - Speaker
(1)
At the first sitting of a newly elected National Assembly, the National Assembly, with the Secretary acting as Chairperson, shall elect a member as Speaker. The National Assembly shall then elect another member as Deputy-Speaker. The Deputy-Speaker shall act as Speaker whenever the Speaker is not available.

 

(2)
The Speaker or Deputy-Speaker shall cease to hole! office if he or she ceases to be a member of the National Assembly. The Speaker or Deputy-Speaker may be removed from office by resolution of the National Assembly, and may resign from office or from the National Assembly in writing addressed to the Secretary of the National Assembly.

 

(3)
When the office of Speaker or Deputy-Speaker becomes vacant the National Assembly shall elect a member to fill the vacancy.

 

(4)
When neither the Speaker nor the Deputy-Speaker is available for duty, the National Assembly, with the Secretary acting as Chairperson, shall elect a member to act as Speaker.

 


  Article 52 - Secretary and other Officers
(1)
Subject to the provisions of the laws pertaining to the public service and the directives of the National Assembly, the Speaker shall appoint a person (or designate a person in the public service made available for that purpose), as the Secretary of the National Assembly, who shall perform the functions and duties assigned to such Secretary by this Constitution or by the Speaker.

 

(2)
Subject to the laws governing the control of public monies, the Secretary shall perform his or her functions and duties under the control of the Speaker.

 

(3)
The Secretary shall be assisted by officers of the National Assembly who shall be persons in the public service made available for that purpose.

 


  Article 53 - Quorum
The presence of at least thirty-seven (37) members of the National Assembly entitled to vote, other than the Speaker or the presiding member, shall be necessary to constitute a meeting of the National Assembly for the exercise of its powers and the performance of its functions.

 


  Article 54 - Casting Vote
In the case of an equality of votes in the National Assembly, the Speaker or the Deputy-Speaker or the presiding member shall have and may exercise a casting vote.

 


  Article 55 - Oath or Affirmation
Every member of the National Assembly shall make and subscribe to an oath or solemn affirmation before the Chief Justice or a Judge designated by the Chief Justice for this purpose, in the terms set out in Schedule 3 hereof.

 


  Article 56 - Assent to Bills
(1)
Every bill passed by Parliament in terms of this Constitution in order to acquire the status of an Act of Parliament shall require the assent of the President to be signified by the signing of the bill and the publication of the Act in the Gazette.

 

(2)
Where a bill is passed by a majority of two-thirds of all the members of the National Assembly and has been confirmed by the National Council the President shall be obliged to give his or her assent thereto.

 

(3)
Where a bill is passed by a majority of the members of the National Assembly but such majority consists of less than two-thirds of all the members of the National Assembly and has been confirmed by the National Council, but the President declines to assent to such bill, the President shall communicate such dissent to the Speaker.
(4)
If the President has declined to assent to a bill under Sub-Article (3) hereof, the National Assembly may reconsider the bill and, if it so decides, pass the bill in the form in which it was referred back to it, or in an amended form or it may decline to pass the bill. Should the bill then be passed by a majority of the National Assembly it will not require further confirmation by the National Council but, if the majority consists of less than two-thirds of all the members of the National Assembly, the President shall retain his or her power to withhold assent to the bill. If the President elects not to assent to the bill, it shall then lapse.

 


  Article 57 - Dissolution
(1)
The National Assembly may be dissolved by the President on the advice of the Cabinet if the Government is unable to govern effectively.

 

(2)
Should the National Assembly be dissolved a national election for a new National Assembly and a new President shall take place within a period of ninety (90) days from the date of such dissolution.

 


  Article 58 - Conduct of Business after Dissolution
Notwithstanding the provisions of Article 57 hereof:

 

(a)
every person who at the date of its dissolution was a member of the National Assembly shall remain a member of the National Assembly and remain competent to perform the functions of a member until the day immediately preceding the first polling day for the election held in pursuance of such dissolution;

 

(b)
the President shall have power to summon Parliament for the conduct of business during the period following such dissolution, up to and including the day immediately preceding the first polling day for the election held in pursuance of such dissolution, in the same manner and in all respects as if the dissolution had not occurred.

 


  Article 59 - Rules of Procedure, Committees and Standing Orders
(1)
The National Assembly may make such rules of procedure for the conduct of its business and proceedings and may also make such rules for the establishing, functioning and procedures of committees, and formulate such standing orders, as may appear to it to be expedient or necessary.

 

(2)
The National Assembly shall in its rules of procedure make provision for such disclosure as may be considered to be appropriate in regard to the financial or business affairs of its members.

 

(3)
For the purposes of exercising its powers and performing its functions any committee of the National Assembly established in terms of Sub-Article (1) hereof shall have the power to subpoena persons to appear before it to give evidence on oath and to produce any documents required by it.

 


  Article 60 - Duties, Privileges and Immunities of Members
(1)
The duties of the members of the National Assembly shall include the following:

 

  (a)
all members of the National Assembly shall maintain the dignity and image of the National Assembly both during the sittings of the National Assembly as well as in their acts and activities outside the National Assembly;

 

  (b)
all members of the National Assembly shall regard themselves as servants of the people of Namibia and desist from any conduct by which they seek improperly to enrich themselves or alienate themselves from the people.

 

(2)
A private members' bill may be introduced in the National Assembly if supported by one-third of all the members of the National Assembly.

 

(3)
Rules providing for the privileges and immunities of members of the National Assembly shall be made by Act of Parliament and all members shall be entitled to the protection of such privileges and immunities.

 


  Article 61 - Public Access to Sittings
(1) Save as provided in Sub-Article (2) hereof, all meetings of the National Assembly shall be held in public and members of the public shall have access to such meetings.

 

(2) Access by members of the public in terms of Sub-Article (1) hereof may be denied if the National Assembly adopts a motion supported by two-thirds of all its members excluding such access to members of the public for specified periods or in respect of specified matters. Such a motion shall only be considered if it is supported by at least one-tenth of all the members of the National Assembly and the debate on such motion shall not be open to members of the public.

 


  Article 62 - Sessions
(1)
The National Assembly shall sit:

 

  (a)
at its usual place of sitting determined by the National Assembly, unless the Speaker directs otherwise on the grounds of public interest, security or convenience;

 

  (b)
for at least two (2) sessions during each year, to commence and terminate on such dates as the National Assembly from time to time determines;

 

  (c)
for such special sessions as directed by Proclamation by the President from time to time.

 

(2)
During such sessions the National Assembly shall sit on such days and during such times of the day or night as the National Assembly by its rules and standing orders may provide.

 

(3)
The day of commencement of any session of the National Assembly may be altered by Proclamation by the President, if the President is requested to do so by the Speaker on grounds of public interest or convenience.

 


  Article 63 - Functions and Powers
(1)
The National Assembly, as the principal legislative authority in and over Namibia, shall have the power, subject to this Constitution, to make and repeal laws for the peace, order and good government of the country in the best interest of the people of Namibia.

 

(2)
The National Assembly shall further have the power and function, subject to this Constitution:

 

  (a)
to approve budgets for the effective government and administration of the country;

 

  (b)
to provide for revenue and taxation;

 

  (c)
to take such steps as it considers expedient to uphold and defend this Constitution and the laws of Namibia and to advance the objectives of Namibian independence;

 

  (d)
to consider and decide whether or not to succeed to such international agreements as may have been entered into prior to Independence by administrations within Namibia in which the majority of the Namibian people have historically not enjoyed democratic representation and participation;

 

  (e)
to agree to the ratification of or accession to international agreements which have been negotiated and signed in terms of Article 32(3)(e) hereof;

 

  (f)
to receive reports on the activities of the Executive, including para-statal enterprises, and from time to time to require any senior official thereof to appear before any of the committees of the National Assembly to account for and explain his or her acts and programmes;

 

  (g)
to initiate, approve or decide to hold a referendum on matters of national concern;

 

  (h)
to debate and to advise the President in regard to any matters which by this Constitution the President is authorised to deal with;

 

  (i)
to remain vigilant and vigorous for the 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;

 

  (j)
generally to exercise any other functions and powers assigned to it by this Constitution or any other law and any other functions incidental thereto.

 


  Article 64 - Withholding of Presidential Assent
(1)
Subject to the provisions of this Constitution, the President shall be entitled to withhold his or her assent to a bill approved by the National Assembly if in the President's opinion such bill would upon adoption conflict with the provisions of this Constitution.

 

(2)
Should the President withhold assent on the grounds of such opinion, he or she shall so inform the Speaker who shall inform the National Assembly thereof, and the Attorney-General, who may then take appropriate steps to have the matter decided by a competent Court.

 

(3)
Should such Court thereafter conclude that such bill is not in conflict with the provisions of this Constitution, the President shall assent to the said bill if it was passed by the National Assembly by a two-thirds majority of all its members. If the bill was not passed with such majority, the President may withhold his or her assent to the bill, in which event the provisions of Article 56(3) and (4) hereof shall apply.

 

(4)
Should such Court conclude that the disputed bill would be in conflict with any provisions of this Constitution, the said bill shall be deemed to have lapsed and the President shall not be entitled to assent thereto.

 


  Article 65 - Signature and Enrolment of Acts
(1)
When any bill has become an Act of Parliament as a result of its having been passed by Parliament, signed by the President and published in the Gazette, the Secretary of the National Assembly shall promptly cause two (2) fair copies of such Act in the English language to be enrolled in the office of the Registrar of the Supreme Court and such copies shall be conclusive evidence of the provisions of the Act.

 

(2)
The public shall have the right of access to such copies subject to such regulations as may be prescribed by Parliament to protect the durability of the said copies and the convenience of the Registrar's staff.

 


 Article 66 - Customary and Common Law
(1)
Both the customary law and the common law of Namibia in force on the date of Independence shall remain valid to the extent to which such customary or common law does not conflict with this Constitution or any other statutory law.

 

(2)
Subject to the terms of this Constitution, any part of such common law or customary law may be repealed or modified by Act of Parliament, and the application thereof may be confined to particular parts of Namibia or to particular periods.

 


  Article 67 - Requisite Majorities
Save as provided in this Constitution, a simple majority of votes cast in the National Assembly shall be sufficient for the passage of any bill or resolution of the National Assembly.

 

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Namibia Constitution of the Republic of Namibia

  CHAPTER 8   -  THE NATIONAL COUNCIL

 

Article 68 - Establishment

 

There shall be a National Council which shall have the powers and functions set out in this Constitution.

 


Article 69 - Composition

1.

The National Council shall consist of two (2) members from each region referred to in Article 102 hereof, to be elected from amongst their members by the Regional Council for such region

 

2.

The elections of members of the National Council shall be conducted according to procedures to be prescribed by Act of Parliament.

 


Article 70 - Term of Office of Members

1.

Members of the National Council shall hold their seats for six (6) years from the date of their election and shall be eligible for re-election.

 

2.

 When a seat of a member of the National Council becomes vacant through death, resignation or disqualification, an election for a successor to occupy the vacant seat until the expiry of the predecessor's term of office shall be held, except in the instance where such vacancy arises less than six (6) months before the expiry of the term of the National Council, in which instance such vacancy need not be filled. Such election shall be held in accordance with the procedures prescribed by the Act of Parliament referred to in Article 69(2) hereof.

 


Article 71 - Oath or Affirmation

 

Every member of the National Council shall make and subscribe to an oath or solemn affirmation before the Chief Justice, or a Judge designated by the Chief Justice for this purpose, in the terms set out in Schedule 3 hereof.

 


Article 73 - Chairperson and Vice-Chairperson

 

The National Council shall, before proceeding to the dispatch of any other business, elect from its members a Chairperson and a Vice-Chairperson. The Chairperson, or in his or her absence the Vice-Chairperson, shall preside over sessions of the National Council. Should neither the Chairperson nor the ViceChairperson be present at any session, the National Council shall elect from amongst its members a person to act as Chairperson in their absence during that session.

 


Article 74 - Powers and Functions

1.

The National Council shall have the power to:

 

  (a)

consider in terms of Article 75 hereof all bills passed by the National Assembly;

 

  (b)

investigate and report to the National Assembly on any subordinate legislation, reports and documents which under law must be tabled in the National Assembly and which are referred to it by the National Assembly for advice;

 

  (c)

recommend legislation on matters of regional concern for submission to and consideration by the National Assembly;

 

  (d)

perform any other functions assigned to it by the National Assembly or by an Act of Parliament.

 

2.

The National Council shall have the power to establish committees and to adopt its own rules and procedures for the exercise of its powers and the performance of its functions. A committee of the National Council shall be entitled to conduct all such hearings and collect such evidence as it considers necessary for the exercise of the National Council's powers of review and investigations, and for such purposes shall have the powers referred to in Article 59(3) hereof.

 

3.

The National Council shall in its rules of procedure make provision for such disclosure as may be considered to be appropriate in regard to the financial or business affairs of its members.

 

4.

The duties of the members of the National Council shall include the following:

 

  (a) all members of the National Council shall maintain the dignity and image of the National Council both during the sittings of the National Council as well as in their acts and activities outside the National Council;  

 

  (b) all members of the National Council shall regard themselves as servants of the people of Namibia and desist from any conduct by which they seek improperly to enrich themselves or alienate themselves from the people.

 

5.

Rules providing for the privileges and immunities of members of the National Council shall be made by Act of Parliament and all members shall be entitled to the protection of such privileges and immunities.

 


Article 75 - Review of Legislation

1.

All bills passed by the National Assembly shall be referred by the Speaker to the National Council.

 

2.

The National Council shall consider bills referred to it under Sub-Article (1) hereof and shall submit reports thereon with its recommendations to the Speaker.

 

3.

If in its report to the Speaker the National Council confirms a bill, the Speaker shall refer it to the President to enable the President to deal with it under Articles 56 and 64 hereof.

 

4. (a)

If the National Council in its report to the Speaker recommends that the bill be passed subject to amendments proposed by it, such bill shall be referred by the Speaker back to the National Assembly.  

 

  (b)

If a bill is referred back to the National Assembly under Sub-Article (a) hereof, the National Assembly may reconsider the bill and may make any amendments thereto, whether proposed by the National Council or not. If the bill is again passed by the National Assembly, whether in the form in which it was originally passed, or in an amended form, the bill shall not again be referred to the National Council, but shall be referred by the Speaker to the President to enable it to be dealt with under Articles 56 and 64 hereof.

 

5.

(a)

If a majority of two-thirds of all the members or the National Council objects to the principle of a bill, this shall be mentioned in its report to the Speaker. In that event, the report shall also indicate whether or not the National Council proposes that amendments be made to the bill, if the principle of the bill is confirmed by the National Assembly under Sub-Article (b) hereof, and if amendments are proposed, details thereof shall be set out in the report.

 

 

(b)

If the National Council in its report objects to the principle of the bill, the National Assembly shall be required to reconsider the principle. If upon such reconsideration the National Assembly reaffirms the principle of the bill by a majority of two-thirds of all its members, the principle of the bill shall no longer be an issue. If such two-thirds majority is not obtained in the National Assembly, the bill shall lapse.

 

6.

(a)

If the National Assembly reaffirms the principle of the bill under Sub-Article 5(b) hereof by a majority of two-thirds of all its members, and the report of the National Council proposed that in such event amendments be made to the bill, the National Assembly shall then deal with the amendments proposed by the National Council, and in that event the provisions of Sub-Article 4(b) shall apply mutatis mutandis.

 

 

(b)

If the National Assembly reaffirms the principle of the bill under Sub-Article 5(b) hereof by a majority of two-thirds of all its members, and the report of the National Council did not propose that in such event amendments be made to the bill, the National Council shall be deemed to have confirmed the bill, and the Speaker shall refer the bill to the President to be dealt with under Articles 56 and 64 hereof.

 

7.

Sub-Articles (5) and (6) hereof shall not apply to bills dealing with the levying of taxes or the appropriation of public monies.

 

8.

The National Council shall report to the Speaker on all bills dealing with the levying of taxes or appropriations of public monies within thirty (30) days of the date on which such bills were referred to it by the Speaker, and on all other bills within three (3) months of the date of referral by the Speaker, failing which the National Council will be deemed to have confirmed such bills and the Speaker shall then refer them promptly to the President to enable the President to deal with the bills under Articles 56 and 64 hereof.

 

9.

 If the President withholds his or her assent to any bill under Article 56 hereof and the bill is then dealt with in terms of that Article, and is again passed by the National Assembly in the form in which it was originally passed or in an amended form, such bill shall not again be referred to the National Council, but shall be referred by the Speaker directly to the President to enable the bill to be dealt with in terms of Articles 56 and 64 hereof.

 


Article 76 - Quorum

 

The presence of a majority of the members of the National Council shall be necessary to constitute a meeting of the National Council for the exercise of its powers and the performance of its functions.

 


Article 77 - Voting

 

Save as is otherwise provided in this Constitution, all questions in the National Council shall be determined by a majority of the votes cast by members present other than the Chairperson, or in his or her absence the Vice-Chairperson or the member presiding at that session, who shall, however, have and may exercise a casting vote in the case of an equality of votes. 

 


 Chapters 4 - 5 - 6    |     Chapters 9 - 10 - 11

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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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