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Namibia Constitution of the Republic of Namibia Chapters 20 -21
   

 CHAPTERS ON THIS PAGE:  20 - 21 plus Schedules

 COMPLETE TABLE OF CONTENTS

 

 

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

 

 


 
Get Your Copy of The  Namibia Constitution

 

  Namibia Constitution of the Republic of Namibia

   CHAPTER 20   THE LAW IN FORCE AND TRANSITIONAL PROVISIONS

  Article 133 - The First National Assembly
Notwithstanding the provisions of Article 46 hereof, the Constituent Assembly shall be deemed to have been elected under Articles 46 and 49 hereof, and shall constitute the first National Assembly of Namibia, and its term of office and that of the President shall be deemed to have begun from the date of Independence.

 


  Article 134 - Election of the First President
(1)
Notwithstanding the provisions of Article 28 hereof, the first President of Namibia shall be the person elected to that office by the Constituent Assembly by a simple majority of all its members.

 

(2)
The first President of Namibia shall be deemed to have been elected under Article 28 hereof and upon assuming office shall have all the powers, functions, duties and immunities of a President elected under that Article.

 


  Article 135 - Implementation of this Constitution
This Constitution shall be implemented in accordance with the provisions of Schedule 7 hereof.

 


  Article 136 - Powers of the National Assembly prior to the Election of a National Council
(1)
Until elections for a National Council have been held:

 

  (a)
all legislation shall be enacted by the National Assembly as if this Constitution had not made provision for a National Council, and Parliament had consisted exclusively of the National Assembly acting on its own without being subject to the review of the National Council;

 

  (b)
this Constitution shall be construed as if no functions had been vested by this Constitution in the National Council;

 

  (c)
any reference in Articles 29, 56, 75 and 132 hereof to the National Council shall be ignored: provided that nothing contained in this Sub-Article shall be construed as limiting in any way the generality of Sub-Articles (a) and (b) hereof.

 

(2)
Nothing contained in Sub-Article (1) hereof shall detract in any way from the provisions of Chapter 8 or any other provision of this Constitution in so far as they make provision for the establishment of a National Council, elections to the National Council and its functioning after such elections have been held.

 


  Article 137 - Elections of the First Regional Councils and the First National Council
(1)
The President shall by Proclamation establish the first Delimitation Commission which shall be constituted in accordance with the provisions of Article 104 (1) hereof, within six (6) months of the date of Independence.

 

(2)
Such Proclamation shall provide for those matters which are referred to in Articles 102 to 106 hereof, shall not be inconsistent with this Constitution and shall require the Delimitation Commission to determine boundaries of regions and Local Authorities for the purpose of holding Local Authority and Regional Council elections.

 

(3)
The Delimitation Commission appointed under such Proclamation shall forthwith commence its work, and shall report to the President within nine (9) months of its appointment: provided that the National Assembly may by resolution and for good cause extend the period within which such report shall be made.

 

(4)
Upon receipt of the report of the Delimitation Commission the President shall as soon as reasonably possible thereafter establish by Proclamation the boundaries of regions and Local Authorities in accordance with the terms of the report.

 

(5)
Elections for Local Authorities in terms of Article 111 hereof shall be held on a date to be fixed by the President by Proclamation, which shall be a date within six (6) months of the Proclamation referred to in Sub-Article (4) hereof, or within six (6) months of the date on which the legislation referred to in Article 111 hereof has been enacted, whichever is the later: provided that the National Assembly may by resolution and for good cause extend the period within which such elections shall be held.

 

(6)
Elections for Regional Councils shall be held on a date to be fixed by the President by Proclamation, which shall be a date within one (1) month of the date of the elections referred to in Sub-Article (5) hereof, or within one (1) month of the date on which the legislation referred to in Article 106 (3) hereof has been enacted, whichever is the later: provided that the National Assembly may by resolution and for good cause extend the period within which such elections shall be held.

 

(7)
Elections for the first National Council shall be held on a date to be fixed by the President by Proclamation, which shall be a date within one (1) month of the date of the elections referred to in Sub-Article (6) hereof, or within one (1) month of the date on which the legislation referred to in Article 69(2) hereof has been enacted, whichever is the later: provided that the National Assembly may by resolution and for good cause extend the period within which such elections shall be held.

 


  Article 138 - Courts and Pending Actions
(1)
The Judge-President and other Judges of the Supreme Court of South-West Africa holding office at the date on which this Constitution is adopted by the Constituent Assembly shall be deemed to have been appointed as the Judge-President and Judges of the High Court of Namibia under Article 82 hereof on the date of Independence, and upon making the oath or affirmation of office in the terms set out in Schedule 1 hereof, shall become the first Judge-President and Judges of the High Court of Namibia: provided that if the Judge-President or any such Judges are sixty-five (65) years of age or older on such date, it shall be deemed that their appointments have been extended until the age of seventy (70) in terms of Article 82(4) hereof.

 

(2) (a)
The laws in force immediately prior to the date of Independence governing the jurisdiction of Courts within Namibia, the right of audience before such Courts, the manner in which procedure in such Courts shall be conducted and the power and authority of the Judges, Magistrates and other judicial officers, shall remain in force until repealed or amended by Act of Parliament, and all proceedings pending in such Courts at the date of Independence shall be continued as if such Courts had been duly constituted as Courts of the Republic of Namibia when the proceedings were instituted.

 

  (b)
Any appeal noted to the Appellate Division of the Supreme Court of South Africa against any judgment or order of the Supreme Court of South-West Africa shall be deemed to have been noted to the Supreme Court of Namibia and shall be prosecuted before such Court as if that judgment or order appealed against had been made by the High Court of Namibia and the appeal had been noted to the Supreme Court of Namibia.

 

  (c)
All criminal prosecutions initiated in Courts within Namibia prior to the date of Independence shall be continued as if such prosecutions had been initiated after the date of Independence in Courts of the Republic of Namibia.

 

  (d)
All crimes committed in Namibia prior to the date of Independence which would be crimes according to the law of the Republic of Namibia if it had then existed, shall be deemed to constitute crimes according to the law of the Republic of Namibia, and to be punishable as such in and by the Courts of the Republic of Namibia.

 

(3)

Pending the enactment of the legislation contemplated by Article 79 hereof:

 

  (a)
the Supreme Court shall have the same jurisdiction to hear and determine appeals from Courts in Namibia as was previously vested in the Appellate Division of the Supreme Court of South Africa;

 

  (b)
the Supreme Court shall have jurisdiction to hear and determine matters referred to it for a decision by the Attorney-General under this Constitution;

 

  (c)
all persons having the right of audience before the High Court shall have the right of audience before the Supreme Court;

 

  (d)
three (3) Judges shall constitute a quorum of the Supreme Court when it hears appeals or deals with matters under Sub-Articles (a) and (b) hereof: provided that if any such Judge dies or becomes unable to act after the hearing of the appeal or such matter has commenced, but prior to judgment, the law applicable in such circumstances to the death or inability of a Judge of the High Court shall apply mutatis mutandis;

 

  (c)
until rules of the Supreme Court are made by the Chief Justice for the noting and prosecution of appeals and all matters incidental thereto, the rules which regulated appeals from the Supreme Court of South-West Africa to the Appellate Division of the Supreme Court of South Africa, and were in force immediately prior to the date of Independence, shall apply mutatis mutandis.

 


  Article 139 - The Judicial Service Commission
(1)
Pending the enactment of legislation as contemplated by Article 85 hereof and the appointment of a Judicial Service Commission there-under, the Judicial Service Commission shall be appointed by the President by Proclamation and shall consist of the Chief Justice, a Judge appointed by the President, the Attorney-General, an advocate nominated by the Bar Council of Namibia and an attorney nominated by the Council of the Law Society of South-West Africa: provided that until the first Chief Justice has been appointed, the President shall appoint a second Judge to be a member of the Judicial Service Commission who shall hold office thereon until the Chief Justice has been appointed. The Judicial Service Commission shall elect from amongst its members at its first meeting the person to preside at its meetings until the Chief Justice has been appointed. The first task of the Judicial Service Commission shall be to make a recommendation to the President with regard to the appointment of the first Chief Justice.

 

(2)
Save as aforesaid the provisions of Article 85 hereof shall apply to the functioning of the Judicial Service Commission appointed under Sub-Article (1) hereof, which shall have all the powers vested in the Judicial Service Commission by this Constitution.

 


  Article 140 - The Law in Force at the Date of Independence
(1)
Subject to the provisions of this Constitution, all laws which were in force immediately before the date of Independence shall remain in force until repealed or amended by Act of Parliament or until they are declared unconstitutional by a competent Court.

 

(2)
Any powers vested by such laws in the Government, or in a Minister or other official of the Republic of South Africa shall be deemed to vest in the Government of the Republic of Namibia or in a corresponding Minister or official of the Government of the Republic of Namibia, and all powers, duties and functions which so vested in the Government Service Commission, shall vest in the Public Service Commission referred to in Article 112 hereof.

 

(3)
Anything done under such laws prior to the date of Independence by the Government, or by a Minister or other official of the Republic of South Africa shall be deemed to have been done by the Government of the Republic of Namibia or by a corresponding Minister or official of the Government of the Republic of Namibia, unless such action is subsequently repudiated by an Act of Parliament, and anything so done by the Government Service Commission shall be deemed to have been done by the Public Service Commission referred to in Article 112 hereof, unless it is determined otherwise by an Act of Parliament.

 

(4)
Any reference in such laws to the President, the Government, a Minister or other official or institution in the Republic of South Africa shall be deemed to be a reference to the President of Namibia or to a corresponding Minister, official or institution in the Republic of Namibia and any reference to the Government Service Commission or the government service, shall be construed as a reference to the Public Service Commission referred to in Article 112 hereof or the public service of Namibia.

 

(5)
For the purposes of this Article the Government of the Republic of South Africa shall be deemed to include the Administration of the Administrator-General appointed by the Government of South Africa to administer Namibia, and any reference to the Administrator-General in legislation enacted by such Administration shall be deemed to be a reference to the President of Namibia, and any reference to a Minister or official of such Administration shall be deemed to be a reference to a corresponding Minister or official of the Government of the Republic of Namibia.

 


  Article 141 - Existing Appointments
(1)
Subject to the provisions of this Constitution, any person holding office under any law in force on the date of Independence shall continue to hold such office unless and until he or she resigns or is retired, transferred or removed from office in accordance with law.

 

(2)
Any reference to the Attorney-General in legislation in force immediately prior to the date of Independence shall be deemed to be a reference to the Prosecutor-General, who shall exercise his or her functions in accordance with this Constitution.

 


Article 142 - Appointment of the First Chief of the Defence Force, the First Inspector-General of Police and the First     Commissioner of Prisons
The President shall, in consultation with the leaders of all political parties represented in the National Assembly, appoint by Proclamation the first Chief of the Defence Force, the first Inspector-General of Police and the first Commissioner of Prisons.

 


  Article 143 - Existing International Agreements
All existing international agreements binding upon Namibia shall remain in force, unless and until the National Assembly acting under Article 63(2)(d) hereof otherwise decides.

  Top  


  Namibia Constitution of the Republic of Namibia

   CHAPTER 21   FINAL PROVISIONS


  Article 144 - International Law
Unless otherwise provided by this Constitution or Act of Parliament, the general rules of public international law and international agreements binding upon Namibia under this Constitution shall form part of the law of Namibia.

 


  Article 145 - Saving
(1)
Nothing contained in this Constitution shall be construed as imposing upon the Government of Namibia:

 

  (a)
any obligations to any other State which would not otherwise have existed under international law;

 

  (b)
any obligations to any person arising out of the acts or contracts of prior Administrations which would not otherwise have been recognised by international law as binding upon the Republic of Namibia.

 

(2)
Nothing contained in this Constitution shall be construed as recognising in any way the validity of the Administration of Namibia by the Government of the Republic of South Africa or by the Administrator-General appointed by the Government of the Republic of South Africa to administer Namibia.

 

 

Article 146 - Definitions

(1)
Unless the context otherwise indicates, any word or expression in this Constitution shall bear the meaning given to such word or expression in any law which deals with the interpretation of statutes and which was in operation within the territory of Namibia prior to the date of Independence.

 

(2) (a)
The word "Parliament" shall mean the National Assembly and, once the first National Council has been elected, shall mean the National Assembly acting, when so required by this Constitution, subject to the review of the National Council.

 

  (b)
Any reference to the plural shall include the singular and any reference to the singular shall include the plural.

 

  (c)
Any reference to the "date of Independence" or "Independence" shall be deemed to be a reference to the day as of which Namibia is declared to be independent by the Constituent Assembly.

 

  (d)
Any reference to the "Constituent Assembly" shall be deemed to be a reference to the Constituent Assembly elected for Namibia during November 1989 as contemplated by United Nations Security Council Resolution 435 of 1978.

 

  (e)
Any reference to "Gazette" shall be deemed to be a reference to the Government Gazette of the Republic of Namibia.

 


  Article 147 - Repeal of Laws
The laws set out in Schedule 8 hereof are hereby repealed.

 


  Article 148 - Short Title
This Constitution shall be called the Namibian Constitution.

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  Namibia Constitution of the Republic of Namibia

   SCHEDULE 1   OATH / AFFIRMATION OF JUDGES

 

"I,................................ do hereby swear/solemnly affirm that as a Judge of the Republic of Namibia I will defend and uphold the Constitution of the Republic of Namibia as the Supreme Law and will fearlessly administer justice to all persons without favour or prejudice and in accordance with the laws of the Republic of Namibia.

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


 

  Namibia Constitution of the Republic of Namibia

   SCHEDULE 2   OATH / AFFIRMATION OF MINISTERS AND DEPUTY-MINISTER

 

"I,.................................... do hereby swear/solemnly affirm that I will be faithful to the Republic of Namibia, hold my office as Minister/Deputy-Minister with honour and dignity, uphold, protect and defend the Constitution and faithfully obey, execute and administer the laws of the Republic of Namibia, serve the people of Namibia to the best of my ability, not divulge directly or indirectly any matters brought before the Cabinet and entrusted to me under secrecy, and perform the duties of my office and the functions entrusted to me by the President conscientiously and to the best of my ability.

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

 


  Namibian Constitution of the Republic of Namibia

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

 

"I,.................................... do hereby swear/solemnly affirm that I will be faithful to the Republic of Namibia and its people and I solemnly promise to uphold and defend the Constitution and laws of the Republic of Namibia to the best of my ability.

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

 


  Namibia Constitution of the Republic of Namibia

   SCHEDULE 4   ELECTION OF MEMBERS OF THE NATIONAL ASSEMBLY

(1)
For the purpose of filling the seventy-two (72) seats in the National Assembly pursuant to the provisions of Article 46 (1)(a) hereof, the total number of votes cast in a general election for these seats shall be divided by seventy-two (72) and the result shall constitute the quota of votes per seat.
(2)
The total number of votes cast in favour of a registered political party which offers itself for this purpose shall be divided by the quota of votes per seat and the result shall, subject to paragraph (3), constitute the number of seats to which that political party shall be entitled in the National Assembly.

 

(3)
Where the formula set out in paragraph (2) yields a surplus fraction not absorbed by the number of seats allocated to the political party concerned, such surplus shall compete with other similar surpluses accruing to any other political party or parties participating in the election, and any undistributed seat or seats (in terms of the formula set out in paragraph (2)) shall be awarded to the party or parties concerned in sequence of the highest surplus.

 

(4)
Subject to the requirements pertaining to the qualification of members of the National Assembly, a political party which qualifies for seats in terms of paragraphs (2) and (3) shall be free to choose in its own discretion which persons to nominate as members of the National Assembly to fill the said seats.

 

(5)
Provision shall be made by Act of Parliament for all parties participating in an election of members of the National Assembly to be represented at all material stages of the election process and to be afforded a reasonable opportunity for scrutinising the counting of the votes cast in such election.

 


 Namibia Constitution of the Republic of Namibia

  SCHEDULE 5   PROPERTY VESTING IN THE GOVERNMENT OF NAMIBIA

(1)
All property of which the ownership or control immediately prior to the date of Independence vested in the Government of the Territory of South West Africa, or in any Representative Authority constituted in terms of the Representative Authorities Proclamation, 1980 (Proclamation AG 8 of 1980), or in the Government of Rehoboth, or in any other body, statutory or otherwise, constituted by or for the benefit of any such Government or Authority immediately prior to the date of Independence, or which was held in trust for or on behalf of the Government of an independent Namibia, shall vest in or be under the control of the Government of Namibia.

 

(2)
For the purpose of this Schedule, "property" shall, without detracting from the generality of that term as generally accepted and understood, mean and include movable and immovable property, whether corporeal or incorporeal and where so ever situate, and shall include any right or interest therein.

 

(3)
All such immovable property shall be transferred to the Government of Namibia without payment of transfer duty, stamp duty or any other fee or charge, but subject to any existing right, charge, obligation or trust on or over such property and subject also to the provisions of this Constitution.

 

(4)
The Registrar of Deeds concerned shall upon production to him or her of the title deed to any immovable property mentioned in paragraph (1) endorse such title deed to the effect that the immovable property therein described is vested in the Government of Namibia and shall make the necessary entries in his or her registers, and thereupon the said title deed shall serve and avail for all purposes as proof of the title of the Government of Namibia to the said property.

 


 Namibia Constitution of the Republic of Namibia

  SCHEDULE 6  THE NATIONAL FLAG OF THE REPUBLIC OF NAMIBIA

The National Flag of Namibia shall be rectangular in the proportion of three in the length to two in the width, tiered per band reversed, blue, white and green; the white band reversed, which shall be one third of the width of the flag, is charged with another of red, one quarter of the width of the flag. In the upper hoist there shall be a gold sun with twelve straight rays, the diameter of which shall be one third of the width of the flag, with its vertical axis one fifth of the distance from the hoist, positioned equidistant from the top edge and from the reversed bend. The rays, which shall each be two fifths of the radius of the sun, issue from the outer edge of a blue ring, which shall be one tenth of the radius of the sun.

 


 Namibia Constitution of the Republic of Namibia

  SCHEDULE 7   IMPLEMENTATION OF THIS CONSTITUTION

(1)
On the day of Independence, the Secretary-General of the United Nations shall administer to the President, elected in terms of Article 134 hereof, the oath or affirmation prescribed by Article 30 hereof.

 

(2)
The President shall appoint the Prime Minister and administer to him or her the oath or affirmation set out in Schedule 2 hereof.

 

(3)
The President shall administer to the first Judges of Namibia, appointed under Article 138(1) hereof, the oath or affirmation set out in Schedule 1 hereof.

 

(4)
On the day determined by the Constituent Assembly the National Assembly shall first meet, at a time and at a place specified by the Prime Minister.

 

(5)
The members of the National Assembly, with the Prime Minister as Chairperson, shall:

 

  (a)
take the oath or affirmation prescribed by Article 55 hereof before the Judge-President or a Judge designated by the Judge President for this purpose;

 

  (b)
elect the Speaker of the National Assembly.

 

(6)
The National Assembly, with the Speaker as Chairperson, shall:

 

  (a)
elect a Deputy-Speaker;

 

  (b)
conduct such business as it deems appropriate;

 

  (c)
adjourn to a date to be determined by the National Assembly.

 

(7)
The rules and procedures followed by the Constituent Assembly for the holding of its meetings shall, mutatis mutandis, be the rules and procedures to be followed by the National Assembly until such time as the National Assembly has adopted rules of procedure and standing orders under Article 59 hereof.

 


  Namibia Constitution of the Republic of Namibia

   SCHEDULE 8    REPEAL OF LAWS


South-West Africa Constitution Act, 1968 (Act No. 39 of 1968) Rehoboth Self-Government Act, 1978 (Act No. 56 of 1976) Establishment of Office of Administrator-GeneraI for the Territory of South West Africa Proclamation, 1977 (Proclamation No. 180 of 1977 of the State President) Empowering of the Administrator-GeneraI for the Territory of South-West Africa to make Laws Proclamation, 1977 (Proclamation No. 181 of 1977 of the State President) Representative Authorities Proclamation, 1980 (Proclamation AG. 8 of 1980) Representative Authority of the Whites Proclamation, 1980 (Proclamation AG. 12 of 1980) Representative Authority of the Coloureds Proclamation, 1980 (Proclamation AG. 14 of 1980) Representative Authority of the Ovambos Proclamation, 1980 (Proclamation AG. 23 of 1980) Representative Authority of the Kavangos Proclamation, 1980 (Proclamation AG. 26 of 1980) Representative Authority of the Caprivians Proclamation, 1980 (Proclamation AG. 29 of 1980) Representative Authority of the Damaras Proclamation, 1980 (Proclamation AG. 32 of 1980) Representative Authority of the Namas Proclamation, 1980 (Proclamation AG. 35 of 1980) Representative Authority of the Tswanas Proclamation, 1980 (Proclamation AG. 47 of 1980) Representative Authority of the Hereros Proclamation, 1980 (Proclamation AG. 50 of 1980) Representative Authority Powers Transfer Proclamation, 1989 (Proclamation AG. 8 of 1989) Government of Rehoboth Powers Transfers Proclamation, 1989 (Proclamation AG. 32 of 1989)

 


Government Gazette 24 December 1998  
No. 2014
 
Act No. 34, 1998
 
NAMIBIAN CONSTITUTION FIRST AMENDMENT ACT, 1998
 

EXPLANATORY NOTE
 
 
__________
Words underlined with a solid line indicate insertions in existing provisions.
 
 
[--------------------]
Words in bold type in square brackets indicate omissions from existing provisions.
 
 

ACT

To

amend the Namibian Constitution so as to provide that the first President of Namibia may hold office as President for three terms, and to provide for incidental matters.
   
(Signed by the President on 7 December 1998)
 

BE IT ENACTED
by the Parliament of the Republic of Namibia, in accordance with the requirements of Article 132 of the Namibian Constitution, as follows:-
 

Amendment of Article 134 of the Namibian Constitution
  1.
Article 134 of the Namibian Constitution is amended by the addition of the following Sub-Article:
  3.
Notwithstanding Article 29(3), the first President of the Republic of Namibia may hold office as President for three terms"

Short title
 

2.

This Act shall be called the Namibian Constitution First Amendment Act, 1998

 

 

 Chapters  12 - 19  

  Top  

 
   

   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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