|
Constitution
The Constitution of Namibia took effect 21 March , 1990. Principal
provisions established by the Constitution are: The Presidency, the Executive
arm of government, the Legislature and the Judiciary. The constitution
also has an extensive Bill of Rights.
Presidency
The President is the Head of State and government, Commander-in-Chief
of the Namibian Defence Forces. All executive power of the Republic of
Namibia vests in the President. The President is elected by direct universal
suffrage. The President is not elected unless he has claimed 50% of votes
cast. Any citizen by birth or descent and above 35 years shall be eligible
for election as President. The President remains in office for five years.
This term can be renewed by another election but no President can stand
for election beyond two terms under the current Constitution. The Namibian
President has immunity from civil and criminal prosecution both while serving
and after unless Parliament waives the immunity.
The Executive
The Cabinet of Namibia is established in terms of article 35 of the
Constitution. It is composed of the President, Prime Minister, Deputy Prime
Minister and 21 Ministers.
Gender
Two of the 21 ministers are women. One is in charge of Health (Libertine
Amadhila) and the other is in charge of Lands Resettlement (Pendukeni
Ithana). Cabinet has two other non-ministerial Cabinet members who
are heading crucial departments. One is Sara Kuugongelwa (National Planning
Commission Director-General) and the other is the Director-General of Women
Affairs, Netumbo Ndaitwah. There are 15 women members of parliament.
The Legislature
Namibia has a bi-cameral legislative system established in terms of
chapter 7 article 44 of the Constitution. There is the National Assembly
and a National Council. Both houses have a role in the legislative process
of the country. The National Assembly is composed of 72 elected members
and six nominated by the President. At the first National Assembly after
elections, a Speaker and Deputy Speaker are elected by fellow parliamentarians.
Both the Speaker and Deputy Speaker have therefore got to be Members of
Parliament to be elected. Any Namibian citizen above the age of 21 qualifies
to be elected as a member of the National Assembly. The tenure for the
National Assembly is five years. The President on the advice of the Cabinet
can dissolve the National Assembly if government is unable to govern
effectively. When this occurs the country would within 90 days hold national
presidential and general elections to establish a new Parliament and a
new government.
National Council
Established in terms of Chapter 8 article 68 of the Constitution, it
is composed of 26 members. There are two representatives from
each region (province) of Namibia. The regions choose their representatives
from the Regional Council by a popular council vote. The qualifications
for National Council members are the same as those of Members of Parliament.
The National Council elects its own Chairperson and Vice from among its
members. The tenure of office for the National Council is six years renewable.
Legislative Procedure
All legislation originates from the National Assembly. Once the National
Assembly has debated and passed a bill it cannot become law unless it is
referred to the National Council. The National Council then analyses the
bill and reports back to the Speaker of the National Assembly. If the National
Council is happy with the bill, the Speaker shall then forward it to the
President for assent into an Act of law. The National Council has power
to recommend amendments and can derail a bill if it objects strongly to
its principles. In this case the bill returns to the National Assembly
for a vote. Unless the bill retains a 2/3 majority it will lapse.
National Assembly Speaker :Dr. Mos Tjitendero
|
Results of last election, December 1994
| SWAPO |
53 elected |
| SWAPO |
6 nominated by President |
| Democratic Tumhalle Alliance (DTA) |
15 |
| United Democratic Front(UDF) |
2 elected |
| Democratic Coalition of Namibia(DCN) |
1 elected |
| Monitor Action Group(MAG) |
1 |
| Total members of parliament |
78 |
Judiciary
Judicial power is exercised by the Supreme Court, High Court, Magistrates,
and Local Courts established in terms of Chapter 9 of the Constitution.
Judicial appointments are made by the President through the Judicial Service
Commission. The President may also remove judges earlier than their constitutional
retirement age (65) on recommendation of the Judicial Service Commission.
The Chief Justice is the head of the Supreme Court. This position has been
vacant in Namibia since 1990. By arrangement the South African Supreme
Court Chief Justice also presides over the Namibian Supreme Court. This
vacancy is now being filled. There is an Attorney-General who advises government
on all legal Matters. There is also the office of Prosecutor General who
handles all state prosecutions.
Fundamental Human Rights
Chapter three establishes the Bill of Rights guaranteeing fundamental
freedoms to the people. This bill is enforceable in the courts of law.
Article 21 of Chapter three specifically guarantees fundamental freedoms
of speech and expression which include freedom of the press and other Media.
Freedoms of thought and belief, association and assembly, movement
and withholding of labour are also specifically guaranteed. Article 25
provides that no law shall be passed by Parliament that abrogates these
freedoms.
Ombudsman's Office
Chapter 10 of the Namibian Constitution establishes an Ombudman's office.
This office was set up on 1 July, 1990. This is an autonomous institution
independent of all other arms of government. The Ombudsman has the status
of Judge and enjoys similar immunity. The Ombudsman investigates complaints
in violation of fundamental rights and freedoms, harassment, insensitive
or discourteous treatment of an inhabitant of Namibia by a government official.
Injustice and corruption are other areas that concern this office. The
Ombudsman has no power to prosecute but can recommend prosecution to appropriate
offices.
|
Important UN Instruments (Selected)
- Universal Declaration of Human Rights
- International Covenant on Economic Social & Cultural Rights
- International Covenant on Civil and Political Rights
- Optional Protocol to the International Covenant on Civil & Political Rights
- Second Optional Protocol to the International Covenant on Civil & Political Rights aiming at the abolition of the death penalty
- Convention on the Elimination of All Forms of Discrimination against Women
- Convention against Torture and other Cruel, Inhuman of Degrading Treatment or Punishment
|
|
