Namibia's Constitution of 1990 with Amendments Through 2014

Total Page:16

File Type:pdf, Size:1020Kb

Namibia's Constitution of 1990 with Amendments Through 2014 PDF generated: 26 Aug 2021, 16:40 constituteproject.org Namibia's Constitution of 1990 with Amendments through 2014 This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.org. constituteproject.org PDF generated: 26 Aug 2021, 16:40 Table of contents Preamble . 8 CHAPTER 1: The Republic . 8 Article 1: Establishment of the Republic of Namibia and Identification of Its Territory . 8 Article 2: National Symbols . 9 Article 3: Language . 9 CHAPTER 2: Citizenship . 9 Article 4: Acquisition and Loss of Citizenship . 9 CHAPTER 3: Fundamental Human Rights and Freedoms . 12 Article 5: Protection of Fundamental Rights and Freedoms . 12 Article 6: Protection of Life . 12 Article 7: Protection of Liberty . 12 Article 8: Respect for Human Dignity . 12 Article 9: Slavery and Forced Labour . 12 Article 10: Equality and Freedom from Discrimination . 13 Article 11: Arrest and Detention . 13 Article 12: Fair Trial . 13 Article 13: Privacy . 14 Article 14: Family . 14 Article 15: Children's Rights . 15 Article 16: Property . 15 Article 17: Political Activity . 15 Article 18: Administrative Justice . 16 Article 19: Culture . 16 Article 20: Education . 16 Article 21: Fundamental Freedoms . 16 Article 22: Limitation upon Fundamental Rights and Freedoms . 17 Article 23: Apartheid and Affirmative Action . 17 Article 24: Derogation . 18 Article 25: Enforcement of Fundamental Rights and Freedoms . 19 CHAPTER 4: Public Emergency, State of National Defence and Martial Law . 19 Article 26: State of Emergency, State of National Defence and Martial Law . 19 CHAPTER 5: The President . 21 Article 27: Head of State and Government . 21 Article 27A: Composition of the Presidency . 21 Article 28: Election of the President and appointment of the Vice-President . 21 Article 29: Term of Office . 22 Article 30: Oath or Affirmation . 23 Namibia 1990 (rev. 2014) Page 2 constituteproject.org PDF generated: 26 Aug 2021, 16:40 Article 31: Immunity from Civil and Criminal Proceedings . 23 Article 32: Functions, Powers and Duties . 24 Article 33: Remuneration . 27 Article 34: Succession . 27 CHAPTER 6: The Cabinet . 27 Article 35: Composition . 27 Article 36: Functions of the Prime Minister . 27 Article 37: Deputy-Ministers . 28 Article 38: Oath or Affirmation . 28 Article 39: Vote of No Confidence . 28 Article 40: Duties and Functions . 28 Article 41: Ministerial Accountability . 29 Article 42: Outside Employment . 29 Article 43: Secretary to the Cabinet . 29 CHAPTER 7: The National Assembly . 30 Article 44: Legislative Power . 30 Article 45: Representative Nature . 30 Article 46: Composition . 30 Article 47: Disqualification of Members . 30 Article 48: Vacation of Seats . 31 Article 49: Elections . 32 Article 50: Duration . 32 Article 51: Speaker . 32 Article 52: Secretary and other Officers . 32 Article 53: Quorum . 33 Article 54: Casting Vote . 33 Article 55: Oath or Affirmation . 33 Article 56: Assent to Bills . 33 Article 57: Dissolution . 33 Article 58: Conduct of Business after Dissolution . 34 Article 59: Rules of Procedure, Committees and Standing Orders . 34 Article 60: Duties, Privileges and Immunities of Members . 34 Article 61: Public Access to Sittings . 34 Article 62: Sessions . 35 Article 63: Functions and Powers . 35 Article 64: Withholding of Presidential Assent . ..
Recommended publications
  • November, 2019 INSIDE SADC Newsletter
    COMOROS Inside Moroni SADC SADC SECRETARIAT MONTHLY NEWSLETTER ISSUE 11, NOVEMBER 2019 PAGE 5 PAGE 6 PAGE 7 AUC & SADC COMMITTED TO COOPERATION CALLS FOR UNITED FRONT FOR REGIONAL HEALTH SEXUAL VIOLENCE HAS NO PLACE IN SOCIETY H.E Geingob & Hon. Jugnauth win elections President of the Republic of Namibia, H.E Dr. Hage G. Geingob (left) and Prime Minister of the Republic of Mauritius, Right Honourable Pravind Jugnauth Stories on page 3 - 5 16 DDays of Activism Against Gender-BasedGen Violence 25 November to 10 December Inside Condolences on the passing on SADC of H.E. Robert Gabriel Mugabe ABOUT SADC. VISION. MISSION.(Former PresidentVALUES of Zimbabwe) HISTORY The Southern African Development Coordinating Conference (SADCC) was formed to advance the cause of national political liberation in Southern Africa, and to reduce dependence particularly on the then apartheid era South Africa; through effective coordination of utilisation of the specific characteristics and strengths of each country and its resources. SADCC objectives went beyond just dependence reduction to embrace basic development and regional integration. SADC Member States are; Angola, Botswana, Union of Comoros, DR Congo, Eswatini, Lesotho, Madagascar, Malawi, Mauritius, Mozambique, Namibia, Seychelles, South Africa, Tanzania, Zambia and Zimbabwe. SADC SECRETARIAT VISION TREATY SADCC, established on 1 April 1980 was the precursor of the Southern African A reputable, efficient and responsive Development Community (SADC). The SADCC was transformed into the SADC on 17 enabler of regional integration and August 1992 in Windhoek, Namibia where the SADC Treaty was adopted, redefining the sustainable development. basis of cooperation among Member States from a loose association into a legally binding arrangement.
    [Show full text]
  • Multiparty Democracy and Elections in Namibia
    MULTIPARTY DEMOCRACY AND ELECTIONS IN NAMIBIA ––––––––––––– ❑ ––––––––––––– Published with the assistance of NORAD and OSISA ISBN 1-920095-02-0 Debie LeBeau 9781920 095024 Edith Dima Order from: [email protected] EISA RESEARCH REPORT No 13 EISA RESEARCH REPORT NO 13 i MULTIPARTY DEMOCRACY AND ELECTIONS IN NAMIBIA ii EISA RESEARCH REPORT NO 13 EISA RESEARCH REPORT NO 13 iii MULTIPARTY DEMOCRACY AND ELECTIONS IN NAMIBIA BY DEBIE LEBEAU EDITH DIMA 2005 iv EISA RESEARCH REPORT NO 13 Published by EISA 2nd Floor, The Atrium 41 Stanley Avenue, Auckland Park Johannesburg, South Africa 2006 P O Box 740 Auckland Park 2006 South Africa Tel: 27 11 482 5495 Fax: 27 11 482 6163 Email: [email protected] www.eisa.org.za ISBN: 1-920095-02-0 EISA All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission of EISA. First published 2005 EISA is a non-partisan organisation which seeks to promote democratic principles, free and fair elections, a strong civil society and good governance at all levels of Southern African society. –––––––––––– ❑ –––––––––––– Cover photograph: Yoruba Beaded Sashes Reproduced with the kind permission of Hamill Gallery of African Art, Boston, MA USA EISA Research Report, No. 13 EISA RESEARCH REPORT NO 13 v CONTENTS List of acronyms viii Acknowledgements x Preface xi 1. Background to multiparty democracy in Namibia 1 Historical background 1 The electoral system and its impact on gender 2 The ‘characters’ of the multiparty system 5 2.
    [Show full text]
  • Politics and Judicial Decision-Making in Namibia: Separate Or Connected Realms? Peter Vondoepp1
    Politics and judicial decision-making in Namibia: Separate or connected realms? Peter VonDoepp1 Introduction To what extent can we detect the infl uence of political factors in decision-making at Namibia’s High and Supreme Courts? The question goes to the heart of a key issue for the democratic dispensation in the country. As most observers readily acknowledge, independent and assertive judicial institutions are critical for democratic consolidation. Yet, to what extent are Namibia’s judicial institutions independent, such that they are willing to assert their authority vis-à-vis other branches of government?2 To investigate this question at the heart of the study, I undertook a statistical analysis of nearly 250 decisions made by judges of the High and Supreme Courts since the country’s independence in 1990. The analysis examines whether and how certain political factors have affected the patterns of decision-making that have been witnessed. Have judges, for instance, deferred to government when faced with rendering decisions in important political cases? Have all judges been equal in terms of their tendencies to side with or against the government? And have judges altered or adjusted their decision-making in light of pressures and threats from the elected branches and other political actors? The study indicates that, as a whole, the judiciary has performed quite admirably in terms of independence from the other branches. The extent of deference to the executive has been minimal. This is true regardless of the period during which decisions have been taken, and regardless of the type of case being decided. This said, the analysis tentatively suggests that one category of judges – foreign judges appointed in the mid-1990s – has displayed a modest tendency to side with government.
    [Show full text]
  • Swapo Forever? Prospect for Liberal Democracy Or Prolonged One-Party
    Journal of Namibian Studies, 21 (2017): 27 – 54 ISSN: 2197-5523 (online) Swapo forever? Prospect for liberal democracy or prolonged one -party dominance in Namibia Markus Bayer* Abstract Like most other National Liberation Movements (NLM), the Namibian South West African People’s Organization (SWAPO) was transformed after independence and went on to become Swapo party (Swapo) and take power in 1990. Since then, Swapo has ruled Namibia with its support growing and its position as dominant party unchallenged. Following on from Roger Southall’s prediction of the slow death of liberation movements, this article investigates whether SWAPO as a movement is dying and, if so, what this means for Swapo. Will Namibia soon take the road towards a more liberal democracy or will Swapo continue to dominate? Recurring to the literature on dominant party systems and competitive authoritarianism and based on expert interviews, the article finds Swapo’s dominance to be Janus-faced: On the one hand, its electoral dominance and consequently its control of state resources is ensuring its further dominance. On the other hand, its clientelistic use of its power is alienating growing sections of society, especially the younger generation, and is contributing to its slow death as an NLM and dominant party. Introduction As was the case with most other National Liberation Movements (NLM) in their respective countries, the South West Africa People’s Organisation (SWAPO), which was transformed into Swapo Party (Swapo) in 1989, has dominated domestic politics in Namibia since independence. 1 On the occasion of the last national and presidential elections in 2014 it won stunning 80% of the total votes.
    [Show full text]
  • Republic of Namibia
    REPUBLIC OF NAMIBIA ACCEPTANCE SPEECH BY HIS EXCELLENCY DR. HAGE G. GEINGOB, PRESIDENT OF THE REPUBLIC OF NAMIBIA, ON THE OCCASION OF THE 38TH SADC SUMMIT OF HEADS OF STATE AND GOVERNMENT AUGUST 17, 2018 WINDHOEK Your Excellency Cyril Ramaphosa, President of the Republic of South Africa and Chairperson of SADC; Your Excellency João Lourenço, President of the Republic of Angola and Chairperson of the Organ; Your Excellency Paul Kagame, Chairperson of the African Union; Your Excellency Moussa Faki Mahamat, Chairperson of the African Union Commission; Your Excellencies Heads of State and Government; Your Excellency Nangolo Mbumba, Vice President of the Republic of Namibia; Esteemed First Spouses; Your Excellencies Former Heads of State and Government; Right Honourable Saara Kuugongelwa-Amadhila, Prime Minister of the Republic of Namibia; Her Excellency Dr. Stergomena Lawrence Tax, Executive Secretary of SADC; Honourable Ministers; Honourable Speakers of the Parliaments of Angola and South Africa; Honourable Members of Parliament; Distinguished Delegates; Esteemed Invited Guests; Media Fraternity; Ladies and Gentlemen On behalf of the Government and people of the Republic of Namibia, I am delighted to accept the Chairmanship of SADC at a time when a New Africa, The Africa We Want, is on the rise. Africa is on the march, driven by unity of purpose, the pursuit of common objectives and an unwavering determination to bring about shared prosperity. I have accepted this responsibility knowing well that the leaders of the SADC nations have bestowed full confidence in Namibia to steer the work of this esteemed organisation to greater heights. 1 We are privileged to host the 38th Ordinary Summit here in Windhoek, the birthplace of SADC, where the SADC Treaty was adopted in 1992.
    [Show full text]
  • Promoting Democracy and Good Governance
    State Formation in Namibia: Promoting Democracy and Good Governance By Hage Gottfried Geingob Submitted in accordance with the requirements for the degree of Doctor of Philosophy The University of Leeds School of Politics and International Studies March 2004 The candidate confirms that the work submitted is his own and that appropriate credit has been given where reference has been made to the work of others. This copy has been supplied on the understanding that it is copyright material and that no quotation from the thesis may be published without proper acknowledgement. encourage good governance, to promote a culture of human rights, and to build state institutions to support these policies have also been examined with a view to determining the nature of the state that evolved in Namibia. Finally, the study carries out a democratic audit of Namibia using Swedish normative tools. 1 Acknowledgements The last few years have been tumultuous but exciting. Now, the academic atmosphere that provided a valuable anchor, too, must be hauled up for journeys beyond. The end of this most enjoyable academic challenge has arrived, but I cannot look back without a sense of loss - loss of continuous joys of discovery and academic enrichment. I would like to thank my supervisor, Lionel Cliffe, for his incredible support. In addition to going through many drafts and making valuable suggestions, Lionel helped me endure this long journey with his sustained encouragement. I also thank Ray Bush for going through many drafts and making valuable comments. He has an uncanny ability to visualize the final outcome of research effort.
    [Show full text]
  • Namibia and the African Union* Bience Gawanas**
    Namibia and the African Union* Bience Gawanas** Introduction It is fair to state that Namibia’s foreign relations have largely been shaped by the history of the liberation struggle, the formative years of transition from colonial occupation and independence, and the relationship between the liberation movements – particularly the South West Africa People’s Organisation (SWAPO) and organisations such as the United Nations (UN), the Organisation of African Unity (OAU, later the African Union/AU), the Southern African Development Community (SADC), the Commonwealth, the Non- aligned Movement, and the Frontline States. There is also no doubt that the post-Cold-War era influenced both the OAU/AU and the Namibian agenda, moving from a focus on conflicts and security to broader development goals. Whereas the OAU concentrated on the decolonisation of Africa, the AU’s main objectives are unity, integration, governance, peace, and development. Against this background, it can be clearly stated that the OAU played a key role in Namibia’s fight for freedom and independence. Consequently, it is a very meaningful task to verify whether Namibia still appreciates these historical bonds and has a special relationship with the OAU’s successor organisation, the AU. In addition, it is important to show Namibia’s stance on multilateralism, especially since the AU is at the highest organisational level within the African context. Last, but not least, the chapter is meaningful because it will illustrate the principles on which Namibian foreign policy rests. The chapter is structured in the following way. First, it looks at the historical background of Namibia’s relationship with the OAU prior to the country’s independence in 1990.
    [Show full text]
  • Nationalist Masculinity in Sam Nujoma's Autobiography
    Bowling Green State University ScholarWorks@BGSU 19th Annual Africana Studies Student Research Africana Studies Student Research Conference Conference and Luncheon Feb 24th, 9:00 AM - 9:50 AM Fighting the Lion: Nationalist Masculinity in Sam Nujoma's Autobiography Kelly J. Fulkerson Dikuua The Ohio State University Follow this and additional works at: https://scholarworks.bgsu.edu/africana_studies_conf Part of the African Languages and Societies Commons Fulkerson Dikuua, Kelly J., "Fighting the Lion: Nationalist Masculinity in Sam Nujoma's Autobiography" (2017). Africana Studies Student Research Conference. 2. https://scholarworks.bgsu.edu/africana_studies_conf/2017/001/2 This Event is brought to you for free and open access by the Conferences and Events at ScholarWorks@BGSU. It has been accepted for inclusion in Africana Studies Student Research Conference by an authorized administrator of ScholarWorks@BGSU. Fighting the Lion: Nationalist Masculinity in Sam Nujoma’s Autobiography Abstract Dr. Samuel Nujoma’s autobiography, Where Others Wavered: My Life in SWAPO and My Participation in the Liberation Struggle, documents his life as a pivotal figure in the Namibian war for independence leading to his tenure as the first president of Namibia (1990-2005). Nujoma, known as the “Founding Father” of Namibia, occupies a larger-than-life sphere within the public imagination through monuments, public photographs, placards and street names. Nujoma’s autobiography prescribes a certain type of national citizenship that details a specific construction of masculinity for Namibian men. This paper analyzes his autobiography, arguing that Nujoma constructs a hegemonic masculinity based on four key features: 1. leadership; 2. initiation to manhood; 3. the use of physical strength; 4.
    [Show full text]
  • Namibia's Attitudes Towards Pan-Africanism
    Namibia’s attitudes towards pan-Africanism Joseph Diescho* Our [Ghana’s] independence is meaningless unless it is linked up with the total liberation of the African continent! Kwame Nkrumah; Independence Speech, 5 March 1957 Introduction Namibia is a child of pan-Africanism and internationalism. To all intents and purposes, Namibia is both the creation as well as the outcome of a multiplicity of attitudes held at different times by a number of countries in their own responses to the trajectory of the history of Africa’s decolonisation. Such countries were on the African continent and elsewhere as they interacted with one another in international forums. The Western European adventurism and expansionism by way of colonialism – notably the German Reich, the United Kingdom and the Union of South Africa, and, later, a growing number of countries as members of the United Nations (UN) – all led to the creation and acceptance of what is today the Republic of Namibia. Hence, these affirming words came from the first President of Namibia on the occasion of the country’s Independence on 21 March 1990:1 For the past 43 years or so, this land of our forbearers (sic) has been a bone of contention between the Namibian people and the international community on the one hand, and South Africa, on the other. The Namibian problem has been at the centre of bitter international dispute over the last four decades. The United Nations and other international bodies produced huge volumes of resolutions in an attempt to resolve this intractable problem … . This background, and the manner in which Namibia achieved political independence and membership of the Southern African Development Coordination Conference (SADCC),2 * Prof.
    [Show full text]
  • Annexure 2 Visits to India by Head of State/President
    ANNEXURE 2 VISITS TO INDIA BY HEAD OF STATE/PRESIDENT Dignitary / Country Period of visit 2014 1 King Jigme Khesar Namgyel Wangchuck of Bhutan 6-10 Jan 2014 2 Ms. Park Geun-hye President of the Republic of Korea 15-18 Jan 2014 3 Dr. Ali Mohamed Shein, President of Zanzibar 1-9 Feb 2014 4 Mr. Joachim Gauck, President of the Federal Republic of Germany 4-9 Feb 2014 5 King Hamad bin Isa Al Khalifa, King of Bahrain 18-20 Feb 2014 6 Mr. David Johnston, Governor General of Canada 22 Feb – 2 March 2014 7 Mr. Abdulla Yameen Abdul Gayoom, President of Maldives 26 May 2014 8 Mr. Mahinda Rajapaksa, President of Sri Lanka 26 May 2014 9 Mr. Xi Jinping, President of China 17-19 Sept 2014 10 Mr. Paul Kagame, President of Rwanda 5 Nov 2014 11 Mr. Vladimir Putin, President of Russia 10-11 Dec 2014 12 Mr. Md. Abdul Hamid, President of Bangladesh 18-23 Dec 2014 2015 13 Mr. Barack H. Obama, President of the United States of America 25-27 Jan 2015 14 Mr. Tony Tan Keng Yam, President of Singapore 8-11 Feb 2015 15 Mr. Maithripala Sirisena, President of Sri Lanka 15-18 Feb 2015 16 Sheikh Tamim bin Hamad Al Thani, Amir of Qatar 24-25 Mar 2015 17 Mr. Ashraf Ghani, President of Afghanistan 27-29 April 2015 18 Mr. Jakaya Kikwete, President of Tanzania 17-21 June 2015 19 Mr. Filipe Jacinto Nyusi, President of Mozambique 4-8 Aug 2015 20 Mr. Baron Divavesi Waqa, President of Nauru 21 Aug 2015 21 King Mswati III of Eswatini 26-29 Oct 2015 22 Mr.
    [Show full text]
  • Icao Council President Advances Aviation Cooperation in Africa
    ICAO COUNCIL PRESIDENT ADVANCES AVIATION COOPERATION IN AFRICA MONTRÉAL, 4 FEBRUARY 2016 – Consistent with the UN aviation agency’s ongoing prioritization of the effective implementation in all States of global civil aviation’s standards and policies, ICAO Council President Dr. Olumuyiwa Benard Aliu conducted a wide range of high-level meetings and consultations while visiting Ethiopia last week. President Aliu was in Addis Ababa for the 28th Ordinary Session of the African Union (AU) Executive Council, and the 26th Ordinary Session of the AU Assembly, and was joined on the occasion by ICAO’s Regional Directors for its Eastern and Southern African and Western and Central African Offices, Messrs. Barry Kashambo and Mam Sait Jallow, respectively. A key goal of the President’s visit was to continue to generate political will in support African States’ fundamental capacities for aviation safety and security oversight, air transport infrastructure modernization, training and skilled human resources development, and improved liberalization and open skies through greater multilateralism. Special focus in the training area was placed on taking better advantage of Africa’s Human Resources Development Fund (HRDF), as well as aligning related goals with the recent AU prioritization of empowering women and greater opportunities for youth. President Aliu took the opportunity of the high-level AU Addis Ababa events to hold a number of bilateral meetings in support of these and other goals with Heads of State, UN Secretary General Ban Ki-moon, and a number of other senior government, UN and international and regional officials. Ms. Iyabo Sosina, the Secretary General of African Civil Aviation Commission (AFCAC), joined President Aliu for the bilateral meetings.
    [Show full text]
  • African Leadership Forum 2015
    AFRICAN LEADERSHIP FORUM 2015 “Moving Towards an inTegraTed africa” DaR es salaam, Tanzania 30 JUly 2015 Institute of African Leadership for The United Republic of Tanzania Sustainable Development Benjamin William Mkapa Former President of the United Republic of Tanzania 3 Table of Contents Acronyms and abbreviations ........................................................................................................... 4 Executive Summary ........................................................................................................................... 5 1. The Opening Session ..................................................................................................... 10 1.1 Welcome by H.E. Benjamin Mkapa .............................................................................. 10 1.2 Introduction of Keynote Speaker ................................................................................ 12 1.3 Keynote Address by H.E. Yoweri Museveni, President of Uganda —The Challenges of Integrating Africa to Achieve Sustainable Growth and Transformation and Ensure that Africa and Africans Contribute to and Benefit from the “Global Pie” ...................................................................................... 13 1.4 Plenary Discussion: Moving Towards an Integrated Africa .................................... 19 2. Panel Discussions ............................................................................................................ 26 2.1 Session I: Establishing and Strengthening Institutions to Support
    [Show full text]