ELECTION UPDATE 2004 NAMIBIA number 1 5 November 2004 contents Pre-election political and policy settings 1 Political Parties 3 The Presidential Elections 5 General Elections 6 Manifestos 6 Regional Elections 9 Civil Society Participation 10 Framework for Election Conflict Prevention and Management 11 Compiled by Phaneul Kaapama EISA Editorial Team Jackie Kalley, Khabele Matlosa, Denis Kadima Published with the assistance of NORAD and OSISA Pre-election Political and dictates that the election of the Hence, in a few weeks time Policy Settings President should be by direct, Namibians will be going to the universal and equal suffrage. polls to participate in the third Introduction presidential and general Moreover, the same Article elections that are scheduled for At independence in 1990, the stipulates that no person shall November 15 and 16, 2004. Republic of Namibia, through be elected as President unless these will be followed by the its Constitution, embraced the he/she has received more than third Regional Council principles of democracy based fifty per cent (50%) of the votes elections that will be taking on electoral choice and cast and the necessary number place on November 29 and 30, multipartism. Hence, in line of ballots shall be cast until 2004. with these principles, the such result is reached. Article constitution as the formal 46(1)(a) of the constitution The raison d'etre of this source for the understanding of deals with the elections of the briefing paper is to examine the the political and governance members of the National political setting for the processes in the country lays Assembly. Any person who upcoming elections. This will out the general framework for qualifies by virtue of the entail the outlining of the exercising electoral choice. For provisions of Article 17 (2) of various statutory and legislative example, the term of office of the Namibian Constitution has instruments that were adopted the President is dealt with under the right to register, vote, or to provide the institutional Article 29, while Article 28 stand in an election. framework for the regulation election update 2004 N amibia number 1 and administration of elections These includes registration of component of approximately 20 in the country. In addition, the voters; the preparation, persons. Which at the time of paper will provide an analysis publication, and maintenance of preparing and conducting of of the activities of the various voters’ registers; registration of elections are reinforced by stakeholders in this process and political parties; as well as the additional staff on temporary the extent to which they conducting and certification of secondment from the various conform to the regulatory elections.1 government agencies, who instruments and the render assistance in terms of effectiveness of the instruments The ECN is composed of five undertaking various pre- in guaranteeing the electoral members, whose term of office election, election and post choice of citizens as required should not exceed five years, election functions. Such as by the Constitution. however they may become training, media and party eligible for re-appointment liaison, voter education, Some of the key statutory and upon the expiry of the term. administration election and legislative instruments for the The appointment of the observation, election result regulation and administration of commissioners to serve on the management etc. This elections dealing with elections, ECN is done in terms of the engagement of civil servants which will be featured in this Electoral Amendment Act of have in the past enabled ECN paper, are: 1998, which stipulates that to cut cost in respect of prospective and aspiring exorbitant remuneration, as • Electoral Act (Act 24 of election commissioners should such officials are only entitled 1992) apply through a Selection to claim subsistence, travel and • Electoral Amendment Act Committee. Upon receipt of the over-time allowances, (Act 23 of 1994) applications, applicants are especially when they are • Electoral Amendment Act screened by the committee, assigned to the constituencies (Act 30 of 1998) after which it recommends in which they reside. Another • Electoral Amendment Act eight candidates to the advantage from this (Act 11 of 1999) President of the Republic of deployment of civil servants is • Electoral Regulations Namibia, who appoints five out the fact that they have so far of the eight recommended demonstrated a general level of (Gazetted 19 September 2 1992) candidates. high discipline, professionalism • Electoral Regulations and reliability when dealing (Gazetted 5 November The 1992 Act also provided for with sensitive election related 1992) the establishment of the issues. Directorate of Elections, which is entrusted with the The Composition and Over the past years, the responsibility of rendering of Appointment of Electoral electoral laws have succeeded administrative support to the Commission of Namibia in instilling the necessary Commission. The Director of public confidence, not only in Elections, who acts as Secretary The Electoral Commission of the electoral process, but also in of the Commission, heads the Namibia (ECN) was established the electoral, regulatory and Directorate. He/She is and continues to function as the administrative bodies to deliver appointed in terms of the official electoral oversight body a free and fair election. As provision of Article 5 of the for elections of persons to be noted in the table below, 67% 1998 Electoral Amendment entrusted with the of those interviewed for the Act. The Directorate of responsibility of performing Expert Panel of the study that Elections is made up of a various state functions on was conducted by the skeleton permanent staff behalf and in the name of the Multidisciplinary Research and Namibian nation as a whole. Consultancy Centre of the Therefore, the primary University of Namibia were of 1 See sections 3 and 4 of the responsibilities of the ECN are the view that the electoral laws to direct, supervise and control Electoral Act 2 See the SADC Elections provide for an autonomous and in a fair and impartial manner independent electoral system. the various aspects of official Commissions’ Report, 1999, pp. 8, as well as the Electoral This compares favourably to elections held in Namibia. Amendment Act, 1998, article 2 29% who shared the same 2 election update 2004 N amibia number 1 view, although they noted that contest elections in Namibia. In political party, charging the regulations do not provide terms of this Act, the principal that the name could be adequately for the resolution of object of such parties, interpreted as promoting conflict. While only a minority associations or organisations tribalism. two percent (2%) were of the should be to participate in and • Its name (full and/or view that the electoral legal promote elections. This abbreviated) or distinctive framework is insufficient in the requires them to nominate symbols are deemed provision of avenues for persons as candidates to stand indecent, obscene, conflict resolution and equal for election, as well as offensive, or harmful to participation; another two per canvassing for votes at any public morale.5 cent (2%) noted that the such election, and the devotion existing electoral legal of their resources to cover Political Party Funding framework totally fails to expenses incurred as a result of guarantee the ‘freedom and their respective electioneering Namibia is one of the fourteen fairness’ of elections. activities. African countries that provide public funding to political Table 1: Electoral Law Credibility The following requirements are parties, in the quest to promote Percent demanded for the registration Autonomous & 67.0 the sustainable survival of independent of prospective parties, multi-party democracy. electoral system associations, and organisations: Moreover, through this gesture Autonomous, but 29.0 • The submission of an it is anticipated that dependence no provision for application detailing all on foreign funding and the conflict resolution their relevant co-ordinates, system manipulation of the local No conflict 2.0 such as head-office political process by external resolution or equal location, postal address, funders will be reduced. participation for all and a copy of their Fails to provide 2.0 constitution; This contribution was judged guarantees for free • Payment of the prescribed 6 and fair elections by International IDEA to be registration fee; Total 100.0 too marginal to make a • Tendering a declaration significant difference in the Political Parties signed by at least 500 electoral process, however this members for a party and becomes handy to the parties as Registration 250 for an association or it enables political parties to organisation, whose names better shoulder their legislative, should appear on the political and organisational The formation and registration 4 of political parties is effected relevant voter’s registers. roles in society. Moreover, in pursuant to the spirit of the view of the vast size of the Constitution, which recognises A prospective party shall be country and its dispersed and protects the rights of prohibited from registration if: population this contribution is citizens to participate in • Its name (full and/or deemed extremely helpful in peaceful political activity, and abbreviated) or distinctive supplementing the cost of form and/or join political symbol is identical or transportation, which remains parties. resembles