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CHAPTER 12
Regional and Local Government
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Article
102 - Structures of Regional and Local Government |
| (1) |
For purposes of regional and
local government, Namibia shall be divided into regional and
local units, which shall consist of such region and Local Authorities
as may be determined and defined by Act of Parliament. |
| (2) |
The delineation of the,boundaries
of the regions and Local Authorities referred to in Sub-Article
(1) hereof shall be geographical only, without any reference
to the race, colour or ethnic origin of the inhabitants of such
areas. |
| (3) |
Every organ of regional and
local government shall have a Council as the principal governing
body, freely elected in accordance with this Constitution and
the Act of Parliament referred to in Sub-Article (1) hereof,
with an executive and administration which shall carry out all
lawful resolutions and policies of such Council, subject to this
Constitution and any other relevant laws. |
| (4) |
For the purposes of this Chapter,
a Local Authority shall include all municipalities, communities,
village councils and other organs of local government defined
and constituted by Act of Parliament. |
| (5) |
There shall be a Council of
Traditional Leaders to be established in terms of an Act of Parliament
in order to advise the President on the control and utilization
of communal land and on all such other matters as may be referred
to it by the President for advice. |
Article
103 - Establishment of Regional Councils |
| (1) |
The boundaries of regions shall
be determined by a Delimitation Commission in accordance with
the principles set out in Article 102 (2) hereof. |
| (2) |
The boundaries of regions may
be changed from time to time and new regions may be created from
time to time, but only in accordance with the recommendations
of the Delimitation Commission. |
| (3) |
A Regional Council shall be
established for every region the boundaries of which have been
determined in accordance with Sub-Articles (1) and (2) hereof. |
Article
104 - The Delimitation Commission |
| (1) |
The Delimitation Commission
shall consist of a Chairperson who shall be a Judge of the Supreme
Court or the High Court, and two other persons to be appointed
by the President with the approval of Parliament. |
| (2) |
The Delimitation Commission shall discharge
its duties in accordance with the provisions of an Act of Parliament and
this Constitution, and shall report thereon to the President. |
Article
105 - Composition of Regional Councils |
| Every Regional Council
shall consist of a number of persons determined by the Delimitation
Commission for the particular region for which that Regional
Council has been established, and who are qualified to be elected
to the National Council. |
Article
106 - Regional Council Elections |
| (1) |
Each region shall be divided
into constituencies the boundaries of which shall be fixed by
the Delimitation Commission in accordance with the provisions
of an Act of Parliament and this Constitution: provided that
there shall be no fewer than six (6) and no more than twelve
(12) constituencies in each region. |
| (2) |
Each constituency shall elect
one member to the Regional Council for the region in which it
is situated. |
| (3) |
The elections shall be by secret
ballot to be conducted in accordance with the provisions of an
Act of Parliament, and the candidate receiving the most votes
in any constituency shall be the elected member of the Regional
Council for that constituency. |
| (4) |
All Regional Council elections
for the various regions of Namibia shall be held on the same
day. |
| (5) |
The date for Regional Council
elections shall be determined by the President by Proclamation
in the Gazette. |
Article
107 - Remuneration of Members of Regional Councils |
| The remuneration
and allowances to be paid to members of Regional Councils shall
be determined by Act of Parliament. |
Article
108 - Powers of Regional Councils |
| Regional Councils
shall have the following powers: |
| (a) |
to elect members to the National
Council; |
| (b) |
to exercise within the region
for which they have been constituted such executive powers and
to perform such duties in connection therewith as may be assigned
to them by Act of Parliament and as may be delegated to them
by the President; |
| (c) |
to raise revenue, or share in
the revenue raised by the central Government within the regions
for which they have been established, as may be determined by
Act of Parliament; |
| (d) |
to exercise powers, perform
any other functions and make such by-laws or regulations as may
be determined by Act of Parliament. |
Article
109 - Management Committees |
| (1) |
Each Regional Council shall
elect from amongst its members a Management Committee, which
shall be vested with executive powers in accordance with the
provisions of an Act of Parliament. |
| (2) |
The Management Committee shall
have a Chairperson to be elected by the members of the Regional
Council at the time that they elect the Management Committee,
and such Chairperson shall preside at meetings of his or her
Regional Council. |
| (3) |
The Chairperson and the members
of the Management Committee shall hold office for three (3) years
and shall be eligible for re-election. |
Article
110 - Administration and Functioning of Regional Councils |
| The holding and
conducting of meetings of Regional Councils, the filling of casual
vacancies on Regional Councils and the employment of officials
by the Regional Councils, as well as all other matters dealing
with or incidental to the administration and functioning of Regional
Councils, shall be determined by Act of Parliament. |
Article
111 - Local Authorities |
| (1) |
Local Authorities shall be established
in accordance with the provisions of Article 102 hereof. |
| (2) |
The boundaries of Local Authorities, the
election of Councils to administer the affairs of Local Authorities, the
method of electing persons to Local Authority Councils, the methods of
raising revenue for Local Authorities, the remuneration of Local Authority
Councilors and all other matters dealing with or incidental to the administration
and functioning of Local Authorities, shall be determined by Act of Parliament. |
| (3) |
Persons shall be qualified to
vote in elections for Local Authority Councils if such persons
have been resident within the jurisdiction of a Local Authority
for not less than one (1) year immediately prior to such election
and if such persons are qualified to vote in elections for the
National Assembly. |
| (4) |
Different provisions may be
made by the Act of Parliament referred to in Sub-Article (2)
hereof in regard to different types of Local Authorities. |
| (5) |
All by-laws or regulations made
by Local Authorities pursuant to powers vested in them by Act
of Parliament shall be tabled in the National Assembly and shall
cease to be of force if a resolution to that effect is passed
by the National Assembly. |