| Document Name: | Constitution of the Republic of Namibia |
| Orig Lang Code: | en |
| Jurisdiction: | Namibia |
| Date Ratified: | 9 February 1990 |
| Date Effective: | 21 March 1990 |
| System: | Unitary Republic |
| Branches: | Three (executive, legislature and judiciary) |
| Chambers: | Bicameral (Parliament) |
| Executive: | President and Cabinet |
| Courts: | Supreme Court and others |
| Signers: | President Sam Nujoma |
| Supersedes: | Republic of South Africa Constitution Act, 1983 |
| Wikisource: | Constitution of Namibia |
The Constitution of Namibia is the supreme law of the Republic of Namibia. Adopted on 9 February 1990, a month prior to Namibia's independence from apartheid South Africa, it was written by an elected constituent assembly.
"Whereas recognition of the inherent dignity and the equal and inalienable rights of all members of the human family is indispensable for freedom, justice and peace; Whereas the said rights include the right of the individual to life, liberty and the pursuit of happiness, regardless of race, colour, ethnic origin, sex, religion, creed or social or economic status; Whereas the said rights are most effectively maintained and protected in a democratic society, where the government is responsible to freely elected representatives of the people, operating under a sovereign constitution and a free and independent judiciary;Whereas these rights have for so long been denied to the people of Namibia by colonialism, racism and apartheid;Whereas we the people of Namibia -have finally emerged victorious in our struggle against colonialism, racism and apartheid;are determined to adopt a Constitution which expresses for ourselves and our children our resolve to cherish and to protect the gains of our long struggle; desire to promote amongst all of us the dignity of the individual and the unity and integrity of the Namibian nation among and in association with the nations of the world; will strive to achieve national reconciliation and to foster peace, unity and a common loyalty to a single state;committed to these principles, have resolved to constitute the Republic of Namibia as a sovereign, secular, democratic and unitary State securing to all our citizens justice, liberty, equality, and fraternity.Now therefore, we the people of Namibia accept and adopt this Constitution as the fundamental law of our Sovereign and Independent Republic."[1]
The Constitution consists of 21 chapters totaling 148 articles.
Chapter I The Republic
Article 1 Establishment of the Republic of Namibia and Identification of its Territory
Article 2 National Symbols
Article 3 Language
Chapter II Citizenship
Article 4 Acquisition and loss of Citizenship
Chapter III Fundamental Human Rights and Freedoms
Article 5 Protection of Fundamental Rights and Freedoms
Article 6 Protection of Life
Article 7 Protection and Liberty
Article 8 Respect for Human Dignity
Chapter IV Public Emergency, State of National Defence and Martial Law
Chapter V The President
Chapter VI The Cabinet
Chapter VII The National Assembly
Chapter VIII The National Council
Chapter IX The Administration of Justice
Chapter X The Ombudsman
Chapter XI Principles of State Policy
Chapter XII Regional and Local Government
Chapter XIII The Public Service Commission
Chapter XIV The Security Commission
Chapter XV The Police and Defence Forces and the Prison Service
Chapter XVI Finance
Chapter XVII Central Bank and National Planning Commission
Chapter XVIII Coming into Force of the Constitution
Chapter XX The Law in Force and Transitional Provisions
Chapter XXI Final Provisions[2]
Chapter 2, consisting of the single Article 4, is the major source of Namibian nationality law.[3]
Prior to the 2014 general elections, the Constitution was amended to increase the size of the Parliament. The amendment saw an increase in the National Assembly from 78 seats (72 elected, 6 appointed by the President) to 104 seats (96 elected, 8 appointed). The National Council increased from 26 seats (two representatives from 13 regions) to 42 seats (three representatives from 14 regions, Kavango was split into Kavango East and Kavango West).[4] This expansion was introduced to allow for wider representation of the population,[5] although the real reason behind it was the newly introduced gender equality system of the ruling party SWAPO. This system would have pushed several male members out of parliament.[6] These changes were approved against the votes of opposition parties, as SWAPO had a two-thirds majority in Parliament.[7]