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Politics

The Government System of Namibia  

Map from the CIA World Factbook.

Namibia is a country located in southwest Africa and is bordered with Angola, Botswana, South Africa and has a coast along the Southern Atlantic Ocean. The country also has a panhandle that borders a small part of Zambia and almost touches the border of Zimbabwe. The capital city Windhoek is located centrally in the country.  

The area that is today Namibia have had people living there since prehistoric times, known as the San, Damara, and Nama peoples. Many of the people living in the area were either nomadic, pastoralist, or hunter-gatherers. Bantu people began arriving in the area from Central Africa around the 14th Century. The first Europeans to explore the region were two Portuguese navigators Diogo Cao in 1485 and Bartolomeu Dias in 1486. The Portuguese did not try to claim the area. Most of what is today Namibia would not be extensively explored by Europeans until the 19th Century, many traders from Germany and Sweden came during that time.  

In the 18th Century the Oorlam people from the Cape Colony, a British imperial colony in present day South Africa, crossed over into Southern Namibia along with missionaries and were well-received by the nomadic Nama tribes.  

But this peaceful period of encounters would not last as they entered into the North and came across Bantu Ovaherero clans who resisted the encroachment on their territory. Such things would eventually lead to the Nama-Herero War in 1880. This led to the deployment of German imperial forces to contested areas that calmed hostilities and created a status quo between the Nama, Oorlam, and Herero peoples. In 1878 the British-administered Cape Colony annexed the port of Walvis Bay as well as the offshore Penguin Islands.  

In response to British encroachment in the area the territory would be made a German imperial colony in 1884 under Otto von Bismarck during the Scramble for Africa. It became known as German South West Africa. The British kept hold of Walvis Bay, a strategically important natural deep-water harbour, it became part of the Cape province of British South Africa.  

A rinderpest epidemic broke out in 1897 that led to massive cattle deaths possibly as high as 95% in Southern and Central Namibia. This led to the German colonizers setting up a veterinary cordon fence that became known the Red Line and still exists today and remains highly guarded and still dictates rules around where meat can or cannot be sold based on what side of the line it comes from.  

The early 1900s would see the outbreak of the Herero Wars where Nama and Herero people took up arms against the German colonizers. In response German officials ordered the extinction of these natives in genocides that were carried out against the Nama and Herero, it is known as the first genocide of the 20th Century. In the end the Germans systematically murdered half of the population of the Nama (10,000 people) and 80% of the Herero (approximately 65,000 people).  

Even after the genocides came to an end and people were released from detention, they would still face a policy of dispossession, deportation, forced labour, racial segregation, and discrimination.  

When World War I broke out, South African troops under General Louis Botha, acting on behalf of the British imperial government, invaded and occupied German South West Africa and deposed the German colonial administration. The end of the war and the Treaty of Versailles led to South West Africa remaining a possession of South Africa under a League of Nations mandate.  

The South African government were permitted to administer South West Africa until its inhabitants were ready for political self-determination. But South Africa itself had ulterior motives, deciding to interpret the mandate as a veiled annexation and so made no attempt to prepare South West Africa for future autonomy/independence.  

Following World War 2 the League of Nations was superseded by the United Nations and former League of Nation mandates came under a trusteeship system. The UN would request that all former League of Nations mandates be surrendered to its Trusteeship Council in anticipation for their eventual independence. South Africa declined to do this with South West Africa and instead requested permission from the UN to formally annex the territory, they received much criticism in response.  

The UN General Assembly later rejected South Africa’s proposal, but South Africa dismissed this and started solidifying its control over South West Africa anyway. In response the UN General Assembly and Security Council referred the issue to the International Court of Justice, leading to discussions on legality between 1949 and 1966.  

In the meantime, South Africa begun imposing apartheid, a codified system of racial segregation and discrimination, on South West Africa during the late 1940s. Black South West Africans would become subject to pass laws, curfews, and many residential regulations that restricted their movement. The southern region became a main focus of development with it becoming known as the Police Zone, with most of the major settlements and commercial economic activity located there.  

For indigenous peoples outside of the Police Zone, they were restricted to theoretically self-governing tribal homelands known as Bantustans. The 1950s and 1960s would see the formation of nascent nationalist parties in South West Africa, encouraged by the ongoing period of decolonisation in Africa as well as mounting pressure on remaining colonial powers to grant their colonies self-determination.  

Many of these movements, such as the South West African National Union and the South West African People’s Organisation (SWAPO) advocated for the formal termination of South Africa’s mandate and independence. In 1966, the International Court of Justice came to a controversial ruling on the matter saying it had no legal standing to consider the question of South African rule over South West Africa. Following this SWAPO launched an insurgency that would escalate into part of a wider regional conflict called the South African Border War, known to many in Namibia as the Namibian War of Independence.  

As the insurgency intensified, South Africa’s case to annex South West Africa in the international community continued to decline. The UN would later declare that South Africa had failed in its obligations to ensure the moral and material wellbeing of South West Africa’s indigenous inhabitants, and as such it had disavowed its mandate. The UN General Assembly adopted a resolution in 1968 proclaiming South West Africa be renamed Namibia, in accordance with the desires of its people.  

Then in 1969 the UN Security Council adopted resolution 269 that declared South Africa’s continued occupation of Namibia to be illegal. SWAPO recognised this resolution by renaming its armed wing as the People’s Liberation Army of Namibia (PLAN). Namibia itself would soon become one of several flashpoints for Cold War proxy conflicts in southern Africa during the latter years of the PLAN insurgency.  

PLAN itself begun getting closer with the Soviet Union from whom it received training and weapons. The increasing momentum of the conflict in PLAN’s favour led to further support from the Soviets as well as from other states like Cuba and Angola, providing further training, weapons, and ammunition. By 1975 SWAPO was well within the socialist bloc of Soviet-aligned allies. 

But eventually growing war weariness and easing of tensions between the superpowers would compel South Africa, Cuba, and Angola to accede to the Tripartite Accord, pressured to do so by both the Americans and Soviets. As such, South Africa would accept Namibia’s independence in exchange for Cuban military withdrawal from the region and Angola’s commitment to cease its aid to PLAN.  

PLAN and South Africa adopted an informal ceasefire in 1988, the United Nations Transition Assistance Group (UNTAG) was formed to monitor the peace process and supervise return of refugees. The ceasefire was broken by PLAN in 1989 but a new one was later imposed with the condition that insurgents were confined to their external bases in Angola until they were disarmed and demobilised by UNTAG.  

Following the 11-month transition period, the last South African troops withdrew from Namibia, all political prisoners were granted amnesty, racially discriminatory legislation was repealed, and 42,000 Namibian refugees returned home. Namibia held its first parliamentary elections in November 1989 under universal suffrage, with oversight from foreign election observers. SWAPO won a plurality of the seats with 57% of the popular vote. Although that made them the largest party, it did not give them a two-thirds majority meaning they could not draft Namibia’s constitution alone.  

Namibia’s Constitution was adopted in February 1990 and Namibia officially became an independent country on 21st March 1990, which also happens to be my birthday. Sam Nujoma became Namibia’s first President. Walvis Bay was ceded back to Namibia from South Africa in 1994, shortly before that country held its first multiracial elections.  

Since independence Namibia has continued to be ruled by SWAPO, with all three President’s having also been part of SWAPO. Elections are nonetheless still considered free and fair in the country and that it remains possible for other parties to eventually gain power. The country has promoted a policy of national reconciliation, has dealt with the civil war in Angola spilling over into its north, has took part in peacekeeping in the DRC under the Southern African Development Community, and quashed a successionist attempt in 1999 in the northeastern Caprivi Strip.  

The largest ethnic group in Namibia are the Ovambo, but there are various other ethnic groups as well. The largest religion is Christianity, with Lutheranism being the largest denomination followed by Catholicism and then Anglicanism. Many also practice traditional beliefs. English is the official language but there are also many recognised languages: Afrikaans, German, Otjiherero, Khoekhoegowab, Oshiwambo, RuKwangali, Setswana, and siLozi – the !Kung, Gciriku, and Thimbukushu languages are also recognised regionally. Both the Namibian dollar and South African rand are used as currency. Namibia’s population is over 2,609,500. 

Government Type 

Namibia’s Coat of Arms.

Namibia is a semi-presidential representative democratic republic with a President who is both Head of State and Head of Government, this is despite there also being a Prime Minister that heads the Government on behalf of the President. This suggests the Presidential system in Namibia makes the President a more powerful and influential figure, unlike in many semi-presidential systems where the President is often more of a figurehead compared to the Prime Minister.  

Namibia has a bicameral parliament with an upper house called the National Council and a lower house called the National Assembly. Political parties are allowed  

The country also allows a system of traditional leadership with 51 such areas currently recognised across the country. These areas have their own traditional leader and authority system, allowing them to allocate communal land and formulate customary laws.  

The Executive Government 

State House of Namibia, the residence of the country’s President. Photo taken by Laika ac on Flickr. CC BY-SA 2.0. Source.

The President of the Republic 

  • The President is the Head-of-State and Head of Government. They are also the Commander-in-Chief of the country’s Defence Force.  
  • The executive power is vested in the President and Cabinet – and except as may be otherwise provided in the constitution or by law, the President in exercise of their functions is obliged to act in consultation with the Cabinet.  
  • The Presidency consists of the President and a Vice-President, who shall be served by Ministers, Special Advisors, and such other persons as the President may appoint as well as such staff members from the public service as may be appointed for that purpose in accordance with laws regulating appointments in the public service.  
  • The President appoints the Vice-President from among the elected members of the National Assembly. The person appointed must resign from the National Assembly and cannot hold any other office.  

Presidential Powers and Duties 

  • As Head of State, it is the duty of the President to uphold, protect, and defend the constitution. 
  • The President and Cabinet, on an annual basis, will attend parliament during the consideration of the official budget. The President will address the parliament on the state of the Nation and future Government policies, will report on policies of the previous year and will be available to respond to questions.  
  • The President presides over meetings of the Cabinet and has the following powers: 
  • Dissolve the National Assembly on advice of the Cabinet due to the Government not being able to effectively function under the current circumstances. This action leads to a new election for the National Assembly and President within 90-days. 
  • Determine times for holding special sessions of the National Assembly, and to prorogue such sessions.  
  • Accredit, receive, and recognise ambassadors, and to appoint them as well as plenipotentiaries, diplomatic representatives and other diplomatic officers, consuls, and consular officers.  
  • Pardon or reprieve offenders, either unconditionally or subject to such conditions as the President may deem fit.  
  • Negotiate and sign international agreements, and to delegate such power.  
  • Declare Martial Law, or if necessary for the defence of the Nation, declare that a State of National Defence exists. Note approval is required from the National Assembly to keep such declarations valid.  
  • Establish and dissolve such Government departments and ministries as the President may at any time consider to be necessary or expedient for the good government of Namibia.  
  • Appoint the Vice-President; Prime Minister; Deputy Prime Minister; Ministers and Deputy Ministers; the Attorney-General; the Director-General of Planning; the Head of the Intelligence Service; and any other person or persons required by any other provision of the constitution or any other law to be appointed by the President.  
  • On recommendation of the Judicial Service Commission, the President appoints the Chief Justice, the Judge-President of the High Court and other Judges of the Supreme Court and High Court; the Ombudsman; and the Prosecutor-General.  
  • On recommendation of the Public Service Commission, the President appoints the Auditor-General; and the Governor and Deputy Governors of the Central Bank.  
  • On recommendation of the Security Commission, the President appoints the Chief of the Defence Force; the Inspector-General of Police; and the Commissioner-General of Correctional Service.  
  • Subject to the constitution, deal with the signing of any laws passed by parliament, as well as their promulgation and publication.  
  • Initiate laws for submission to and consideration by the National Assembly.  
  • The President can appoint up to eight persons as members of the National Assembly by virtue of their special expertise, status, skill, or experience. Such members do not get a vote.  
  • Subject to provisions of the constitution or any other law, any person appointed by the President may be removed by the President by the same process through which such person was appointed.  
  • Subject to provisions of the constitution or any other law, the President may, in consultation with the Cabinet and on recommendation of the Public Service Commission: constitute any office in the public service not otherwise provided for by any other law; appoint any person to such office, and determine the tenure of any such person so appointed as well as the terms and conditions of their service.  
  • The President appoints Regional Governors to act as political heads of such Regions in Namibia. They oversee the exercise of any executive function of Government in the Region and will be a link between the Central Government and the Regional Council, Local Authorities, and Traditional Leaders in the Region concerned.  
  • Subject to provisions of the Constitution and save where the Constitution otherwise provides, any action taken by the President pursuant to any power vested in them can be reviewed, reversed, or corrected should there be a resolution proposed by at least one-third of all the members of the National Assembly and passed by a two-thirds majority of all its members that disapproves any action and resolving to review, reverse, or correct it.  

President Unable to Take Office, Presidential Term, and Removal  

  • If the President-elect is unable to take office due to death, incapacity, disqualification, or other reason, then the Vice-President who had been appointed by them will assume the office as Acting President and a fresh election is held within 90-days.  
  • If the President cannot continue in office for a limited time the Vice-President acts as President until the President can assume office again.  
  • If the President cannot assume office again a Presidential election is held within 90-days if the next regular election is more than a year away, if the next regular election is within a year or less the Acting President serves the remainder of the term.  
  • If the Vice-President cannot serve as Acting President, then the Prime Minister will instead, if they cannot then the Deputy Prime Minister will act as President, but if that is not possible then a person designated by the President from among the members of the Cabinet shall act as President.  
  • If the President dissolves the National Assembly, then the President’s term also ends alongside it, a new election for the National Assembly and President must be held within 90-days.  
  • The President is removed from office if a two-thirds majority of all members of the National Assembly (lower house), confirmed by a two-thirds majority vote of all members of the National Council (upper house), adopts a resolution that impeaches the President on the ground they are guilty of violating the constitution, or guilty of a serious violation off the laws of the land or otherwise guilty of such gross misconduct or ineptitude as to render them unfit to hold the office of President.  

The Cabinet and Government  

The Cabinet consists of the President, the Vice-President, the Prime Minister, and such other ministers as the President may appoint from members of the National Assembly, for the purposes of administering and executing the functions of the Government. The President can also appoint a Deputy Prime Minister to perform such functions as may be assigned to them by the President, the Vice-President, or the Prime Minister.  

The President would typically preside over the Cabinet meetings, but in their absence the Vice-President, Prime Minister, or other Minister designated for the purpose by the President, can preside at meetings of the Cabinet.  

The Prime Minister is the leader of Government business in Parliament, they coordinate the work of the Cabinet as head of administration and perform other functions as may be assigned by the President or the Vice-President.  

The National Assembly has the power to vote no confidence to any member of the Cabinet appointed by the President which will oblige the President to remove them from the Cabinet. This requires an absolute majority vote.  

There is also a Secretary to the Cabinet who serve as a depository of the records, minutes and related documents of the Cabinet. They are appointed by the President and deemed to have been appointed to such office on recommendation of the Public Service Commission. The Secretary to the Cabinet may also perform other such functions as are from time to time assigned to them by the President, the Vice-President, or the Prime Minister.  

The duties and functions of the Cabinet include: 

  • Direct, coordinate, and supervise the activities of Ministries and Government departments including para-statal enterprises, and to review and advise the President and the National Assembly on the desirability and wisdom of any prevailing subordinate legislation, regulations or orders pertaining to such para-statal enterprises, with regard to the public interest.  
  • Initiates Government bills for submission to the National Assembly for consideration.  
  • Formulate, explain, and assess for the National Assembly the budget of the state and its economic development plans. 
  • Attend meetings of the National Assembly and to be available for the purposes of any queries and debates pertaining to the legitimacy, wisdom, effectiveness and direction of Government policies.  
  • Take such steps as authorised by laws to establish such economic organisations, institutions, and para-statal enterprises on behalf of the State as are directed or authorised by law.  
  • Formulate, explain and analyse for the members of the National Assembly the goals of the country’s foreign policy and its relations with other States, and on the directions and content of foreign trade policy.  
  • Assist the President in determining what international agreements are to be concluded, acceded to or succeeded to and report such to the National Assembly.  
  • Advise the President on the state of national defence and the maintenance of law and order and inform the National Assembly on such.  
  • Issue notices, instructions and directives to facilitate the implementation and administration of laws administered by the Executive, subject to terms of the constitution or any other law.  
  • 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 and to protect and assist disadvantaged citizens of the country who have historically been the victims of these pathologies.  

Emergency Provisions  

During times of national disaster or during a state of national defence or public emergency that threatens the life of the Nation or the constitutional order, the President has the power to declare a State of Emergency, either for parts of the country or nationwide.  

If not sooner revoked, a State of Emergency will expire after 7-days if the National Assembly is sitting or has been summoned to sit. If the National Assembly is not sitting and has not been summoned, then it will expire after 30-days. The National Assembly approves a State of Emergency by a vote of two-thirds majority of all members which enables it to last 6-months (or less if otherwise stated in the resolution). A State of Emergency can be extended by up to 6-months at a time via a two-thirds majority vote of the National Assembly. It can also be revoked by the National Assembly at any time.  

A State of Emergency gives the President extensive and extraordinary powers: 

  • The President can proclaim such regulations as in their opinion are necessary for protection of national security, public safety, and maintenance of law and order.  
  • This includes the power to suspend the operation of any rule of the common law or statute, or any fundamental right or freedom protected by the constitution, for such period and subject to such conditions as are reasonably justifiable for purpose of dealing with the situation that gave rise to the emergency. The President must still abide by fundamental rights protected under Article 24 during this time.  
  • An Advisory Board will exist to review cases of those held in detention without a trial: This body is appointed by the President on recommendation of the Judicial Service Commission. The body consists of no more than five persons, whom no fewer than three shall be Judges of the Supreme Court or High Court or qualified to be such.  
  • Any regulations made by the President during the State of Emergency will cease to have legal force if not approved by the National Assembly within 14-days when they first sit.  
  • The President has the power to proclaim or terminate Martial Law, but only if there is a state of national defense involving another country or there is a civil war. Martial Law must be approved by a two-thirds majority of all members of the National Assembly, or it will cease to be valid.  

The Legislative Government  

Meeting place of Namibia’s Parliament. Photo by Zairon from Wikimedia Commons. CC BY-SA 4.0. Source.

The legislature is a bicameral one with the National Assembly as the lower chamber and the National Council as the upper chamber.  

The National Assembly – Lower Chamber 

The legislative power of Namibia is vested in the National Assembly. This chamber has the power to pass laws with the assent of the President, and where applicable subject to the powers and functions of the National Council (upper chamber). The National Assembly has 96 elected voting members and can also have up to 8 non-voting members who are appointed by the President.  

A Speaker and Deputy Speaker are elected by the National Assembly from among themselves in its first sitting following an election. The role of the Speaker is to maintain control of proceedings and sittings and handle agenda and business of the National Assembly, as well as represent the National Assembly in an impartial manner. The Speaker or current presiding member does get a casting vote on the case a vote becomes tied.  

It is possible for the Speaker to be removed from their position by a resolution of the National Assembly. 

The National Assembly decides on its own rules of procedure for the conduct of its business and proceedings and can also make rules for the establishing, functioning, and procedures of committees. Committees have the power to subpoena persons to appear before it to give evidence on oath and produce any documents required by it.  

At least 49 members must be present to form a quorum if anything is to be voted on, or at least 26 members if there is no voting taking place. The Speaker or current presiding member and none of the non-voting members are included in a quorum count.  

Bills passed by the this chamber must then get assent from the President to become law. In the case where a law bill has been passed by at least a two-thirds majority of all the chamber’s members and has also been confirmed by the National Council the President cannot veto it. When the President does decline assent when able to the National Assembly may reconsider that bill and decide to pass it again either the same as before or amended. When the bill is passed again it does not need to be confirmed again by the National Council and if the bill has a two-thirds majority in its passing the President must assent to it – if not the President can choose to veto it again and the bill shall lapse.  

The President can also withhold assent if in their opinion the bill conflicts with the Constitution. In this case they will inform the Speaker who shall inform the National Assembly, and the Attorney-General, who may make appropriate steps to have it decided by a competent Court. If it does not conflict with the Constitution then the usual procedure is followed when assent is not given, but if it does conflict with the Constitution then the bill will lapse.  

Law bills are introduced either by the President, Government, or by the members themselves – a private member bill must first be supported by at least one-third of all members before it can be introduced.  

Meetings of this chamber are usually public but can be made private by adopting a motion introduced with the support of at least one-tenth of all members via a two-thirds majority vote.  

As well as the making and repealing of laws the chamber also has other duties: approve Budgets; provide for revenue and taxation; uphold and defend the constitution and laws of the country and advance objectives of Namibian independence; agree to and ratify international agreements; receive reports on activities of the Executive, including para-statal enterprises, and from time to time require any senior official to appear before any of its committees to account for and explain their acts and programmes; initiate, approve, or decide to hold a referendum on matters of national concern; and debate and advise the President in regard to any matters which by the constitution they are authorised to deal with.  

The National Council – Upper Chamber  

This is a chamber of review of laws passed by the National Assembly, but it cannot introduce bills itself. It has 42-members elected from Namibia’s regions as defined in the Constitution.  

A Chairperson and Vice-Chairperson are elected from among their own members following an election. The Chairperson fulfills the same role as the Speaker does for the National Assembly.  

The National Council has the power to establish committees and adopt its own rules of procedure.  

The duties of the National Council are the review of all legislation passed by the National Assembly; investigation and reporting 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; and recommend legislation on matters of regional concern for submission to and consideration by the National Assembly.  

The main duty for this chamber is to review legislation passed by the National Assembly. The chamber submits a report back to the Speaker of the National Assembly with any recommendations. If the chamber confirms the bill, then it goes on to be considered for assent by the President. The chamber can though recommend amendments to a bill passed by the National Assembly, in that case the bill goes back to the National Assembly. The National Assembly may reconsider the bill and accept or reject amendments proposed and can also add any new amendments themselves, then if passed again either with or without changes the bill goes straight to the President to be considered for assent.  

The National Council also has the power to object to the principle of a bill they review, which requires a two-thirds majority of all its members, this may also come with proposed amendments. In such a case the National Assembly is required to reconsider the principle of the bill, if a two-thirds majority of that chamber affirms the principle of that bill it shall no longer be an issue and any proposed amendments are dealt with following the previous procedure, if that majority is not secured though, the bill shall lapse.  

The National Council has less powers when it comes to bills dealing with the levying of taxes or the appropriation of public monies, it may only propose corrections to such bills and not amendments and they cannot object to the principles of these bills. The National Council has 3-months to review bills, but just 30-days to review these money bills – if that time expires the bills are considered confirmed by the National Council by default and go to the President to be considered for assent.  

A quorum is formed from the majority of total members when voting takes place, otherwise if no voting takes place a quorum can be made up from a third of the total number of members.  

Bodies and Offices 

Supreme Court 

There is a Supreme Court that consists of the Chief Justice, Deputy-Chief Justice, and such additional Judges as the President, acting on recommendation of the Judicial Service Commission, may appoint.  

  • Hears and adjudicates on appeals emanating from the High Court, including appeals involving interpretation, implementation, and upholding of the Constitution and fundamental rights and freedoms.  
  • Deals with matters referred to it by the Attorney-General and such other matters authorised by Act of Parliament.  

High Court 

There is a High Court that consists of a Judge-President, who is the Deputy-Chief Justice, and an ex-officio Judge of the Supreme Court, and such Deputy Judges-President and such additional Judges as the President, acting on recommendation of the Judicial Service Commission, appoints.  

  • Has original jurisdiction to hear and adjudicate upon all civil disputes and criminal prosecutions, including those involving the interpretation, implementation, and upholding of the Constitution and fundamental rights and freedoms.  
  • Has jurisdiction and hear and adjudicate upon appeals from Lower Courts.  

Judicial Service Commission 

There is a Judicial Service Commission that consists of the Chief Justice, the Deputy-Chief Justice, the Attorney-General, and two members of the legal profession nominated in accordance with the provisions of an Act of Parliament by the professional organisation or organisations representing the interests of the legal profession in Namibia.  

  • Deals with recommendation of Judicial appointments to the President.  
  • Deals with discipline and removal of Judges, the Prosecutor-General, and the Ombudsman on grounds of mental incapacity or gross misconduct, when a decision is made the President performs the removal.  

The Attorney-General 

There is an Attorney-General who is appointed by the President.  

  • Exercises final responsibility for the office of the Prosecutor-General.  
  • Is the principal legal advisor to the President and Government.  
  • Takes all action necessary for the protection and upholding of the Constitution.  

The Prosecutor-General 

There is a Prosecutor-General appointed by the President on recommendation of the of the Judicial Service Commission. To be eligible such a person recommended must possess legal qualifications that entitle them to practise in all the Courts of Namibia, and is, by virtue of their experience, conscientiousness and integrity a fit and proper person to be entrusted with the responsibilities of this office.  

  • Prosecutes criminal proceedings.  
  • Prosecutes and defends appeals in criminal proceedings in the High Court and Supreme Court.  
  • Delegate this power to other officials.  

The Ombudsman 

There is an Ombudsman who is appointed by the President on recommendation of the Judicial Service Commission. They must either be a Judge of Namibia, or a person possessing legal qualifications that entitle them to practise in all the Courts of Namibia.  

  • Duty to investigate complaints concerning alleged or apparent instances of violations of fundamental rights and freedoms, abuse of power, unfair, harsh, insensitive or discourteous treatment of an inhabitant of Namibia by an official in the employ of any organ of Government (central or local), manifest injustice, or conduct by such official which would be regarded as unlawful, oppressive, or unfair in a democratic society.  
  • Investigate complaints concerning the functioning of the Public Service Commission, administrative organs of the State, the defence force, the police force and the correctional service relating to failure to achieve a balanced structuring of such services or equal access by all to the recruitment of such services or fair administration related to such services.  
  • Investigate complaints concerning over-utilisation of living natural resources, irrational exploitation of non-renewable resources, degradation and destruction of ecosystems, and failure to protect the beauty and character of Namibia.  
  • Investigate complaints concerning practices and actions by persons, enterprises and other private institutions where such complaints allege violation of fundamental rights and freedoms under the Constitution.  
  • Investigate all instances of alleged or suspected misappropriation of public monies by officials and to take appropriate steps including reports to the Prosecutor-General and Auditor-General.  
  • Report annually to the National Assembly on the exercise of their powers and functions.  

The Auditor-General 

There is an Auditor-General who is appointed by the President on recommendation of the Public Service Commission and with approval of the National Assembly. They serve a 5-year term and may be reappointed. A two-thirds majority of the National Assembly can vote to remove the Auditor-General from office for mental incapacity or gross misconduct.  

  • Audits the State Revenue Fund and performs all other functions assigned to them by the Government or an Act of Parliament and reports annually to the National Assembly.  

The Anti-Corruption Commission 

The Anti-Corruption Commission is established by an Act of Parliament, including its powers and functions. It must be an independent and impartial body. It consists of a Director-General, a Deputy Director-General, and other staff members. The Director-General and the Deputy Director-General are appointed by the National Assembly upon nomination by the President.  

The Electoral Commission 

There is an Electoral Commission. It must be an independent, transparent, and impartial body. It consists of five Commissioners, one of whom is the Chairperson, appointed by the President with the approval of the National Assembly. Its members serve 5-year terms and cannot hold more than two terms.  

  • Exclusive body to direct, supervise, manage and control the conduct of elections and referenda. 
  • An Act of Parliament further defines its powers, functions, and duties.

Public Service Commission

There is a Public Service Commission which must be an independent and impartial body. It consists of a Chairperson and no fewer than 3 and no more than 6 other persons nominated by the President and appointed by the National Assembly by resolution. Members serve 5-year terms and may be reappointed.  

This commission advises the President and Government on: 

  • The appointment of suitable persons to specified categories of employment in the public service, with special regard to balanced structuring.  
  • The exercise of adequate disciplinary control over such persons in order to assure the fair administration of personnel policy.  
  • The renumeration of any such persons.  
  • All other matters that by law pertain to the public service.  

The Security Commission 

There is a Security Commission. It consists of the Chairperson of the Public Service Commission, the Chief of the Defence Force, the Inspector-General of Police, the Head of the Intelligence Service, the Commissioner-General of the Correctional Service, and two members of the National Assembly appointed by the President on recommendation of the National Assembly.  

This commission: 

  • Makes recommendations to the President on the appointment of the Chief of the Defence Force, the Inspector-General of the Police, and the Commissioner-General of Correctional Service.  
  • Advises the President on any matter on which the President may requires its advice.  
  • Perform such other functions as assigned to it by an Act of Parliament.  

Central Bank 

There is a Central Bank. Its Governing Board consists of a Governor, Deputy-Governors, and such other members as prescribed by an Act of Parliament, all positions are appointed by the President in accordance with procedures prescribed by such Act of Parliament.  

  • Serves as the State’s principal instrument to control the money supply, the currency, and banking institutions and any other financial institutions that may be placed under their supervision by an Act of Parliament.  

The Electoral System  

Namibia’s 14 Regions. Image by Barada-nikto from Wikimedia Commons. CC BY-SA 4.0. Source.

Presidential elections happen every 5-years. The President is elected using a two-round absolute majority system where to win outright in the first round a candidate requires an absolute majority of the vote otherwise it goes to a second round between the two best performing candidates with the winner determined by simple majority.  

Presidential candidates can be nominated by a political party or by a sufficient number of registered voters. Candidates for President must be a citizen of Namibia from birth or descent, must be over the age of 35, and must also be eligible to be elected to office as a member of the National Assembly. A person cannot have held more than two terms in office as President.   

Elections for the National Assembly also take place every 5-years. 96 members are elected from multi-seat constituencies using a system of closed-list, proportional representation where parties/groupings must meet a certain threshold of the vote to be guaranteed a proprotional share of the seats.  

Up to 8 other members who are non-voting may also be appointed by the President. They are appointed by virtue of their special expertise, status, skill, or experience.  

To be elected or appointed to the National Assembly one must be a citizen of Namibia who is at least 21-years-old. They cannot at any time before or after independence of the country been convicted of any offence in Namibia (or outside Namibia if an offence in Namibia) or that would have been an offence following independence, and for which they were sentenced to death or imprisonment of more than 12-months without option of a fine, unless having received a free pardon or such imprisonment has since expired at least 10-years before the date of their election. Those who were sentenced to death or imprisonment for acts connected to the struggle for independence are an exception and may be elected. 

The candidate also cannot be an unrehabilitated insolvent; cannot have been declared of unsound mind by a competent Court; cannot be remunerated members of Namibia’s public service; and cannot also be members of the National Council and/or Regional Councils and/or Local Authorities.  

Existing members can lose their seats if they are found to not meet the above requirements or no longer meet them. Members can also lose their seat if they leave their current political party or is removed by the National Assembly pursuant to rules and standing orders permitting or requiring such removal for good and sufficient reasons. A member can also simply resign their seat.  

When a seat is vacated due to one of the above reasons then the political party that originally nominated the person to that seat is entitled to fill the vacancy by nominating any person on the party’s election list compiled for the previous General Election, or if no such person, any party member can be nominated instead.  

Elections for the National Council take place every 5-years. The chamber’s 42 members are elected from Namibia’s 14 Regions with three elected from each, the members are elected by a region’s Regional Council from among their own members. If a vacancy arises in a seat then that seat is filled again in a election by the related Regional Council unless the vacancy came about 6-months before the next full election.  

To be elected to the National Council the members must meet the same requirements as those who are elected/appointed to the National Assembly.  

To vote one must be a citizen of Namibia and be at least 18-years-old. Voting is not mandatory.  

Source 

The source for this post comes from Namibia’s Constitution of 1990 with Amendments through to 2014 (constitueproject.org) and so should be as up to date as possible. Nonetheless there may still be mistakes, parts I missed out, or misinterpretations. I am not an expert and do this as a hobby. Cross-research from main sources is recommended if you are using this for actual research.  

A bill can be brought force to amend or repeal a provision of the Constitution. In order to adopt such changes a two-thirds majority is required in both the National Assembly and the National Council – if it is adopted by the National Assembly but rejected by the National Council the President may decide to hold a referendum to adopt it instead and if such referendum adopts it by a two-thirds majority the amendment will be adopted and the final step is for the President to give assent.  

Amendments cannot detract or repeal fundamental rights and freedoms, and requisite majorities needed by the Parliament to amend the Constitution cannot itself be changed.

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