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CHAPTER 6
The Cabinet
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Article
35 - Composition |
| (1) |
The Cabinet shall consist of
the President, the Prime Minister and such other Ministers as
the President may appoint from the members of the National Assembly,
including members nominated under Article 46(1)(b) hereof, for
the purposes of administering and executing the functions of
the Government. |
| (2) |
The President may also appoint
a Deputy-Prime Minister to perform such functions as may be assigned
to him or her by the President or the Prime Minister. |
| (3) |
The President or, in his or
her absence, the Prime Minister or other Minister designated
for this purpose by the President, shall preside at meetings
of the Cabinet. |
Article
36 - Functions of the Prime Minister |
| The Prime Minister
shall be the leader of Government business in Parliament, shall
co-ordinate the work of the Cabinet and shall advise and assist
the President in the execution of the functions of Government. |
Article
37 - Deputy-Ministers |
| The President may
appoint from the members of the National Assembly, including
members nominated under Article 46(1)(b) hereof, and the National
Council such Deputy-Ministers as he or she may consider expedient,
to exercise or perform on behalf of Ministers any of the powers,
functions and duties which may have been assigned to such Ministers. |
Article
38 - Oath or Affirmation |
| Before assuming
office, a Minister or Deputy-Minister shall make and subscribe
to an oath or solemn affirmation before the President or a person
designated by the President for this purpose, in the terms set
out in Schedule 2 hereof. |
Article
39 - Vote of No Confidence |
| The President shall
be obliged to terminate the appointment of any member of the
Cabinet, if the National Assembly by a majority of all its members
resolves that it has no confidence in that member. |
Article
40 - Duties and Functions |
| The members of the
Cabinet shall have the following functions: |
| (a) |
to direct, co-ordinate 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, regard being had to the public
interest; |
| (b) |
to initiate bills for submission
to the National Assembly; |
| (c) |
to formulate, explain and assess
for the National Assembly the budget of the State and its economic
development plans and to report to the National Assembly thereon; |
| (d) |
to carry out such other functions
as are assigned to them by law or are incidental to such assignment; |
| (e) |
to 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; |
| (f) |
to take such steps as are authorised
by law to establish such economic organisations, institutions
and para-statal enterprises on behalf of the State as are directed
or authorised by law; |
| (g) |
to formulate, explain and analyse
for the members of the National Assembly the goals of Namibian
foreign policy and its relations with other States and to report
to the National Assembly thereon; |
| (h) |
to formulate, explain and analyse
for the members of the National Assembly the directions and content
of foreign trade policy and to report to the National Assembly
thereon; |
| (i) |
to assist the President in determining
what international agreements are to be concluded, acceded to
or succeeded to and to report to the National Assembly thereon; |
| (j) |
to advise the President on the
state of national defence and the maintenance of law and order
and to inform the National Assembly thereon; |
| (k) |
to issue notices, instructions
and directives to facilitate the implementation and administration
of laws administered by the Executive, subject to the terms of
this Constitution or any other law; |
| (I) |
to 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 in a free and independent
Namibia and to protect and assist disadvantaged citizens of Namibia who
have historically been the victims of these pathologies. |
Article
41 - Ministerial Accountability |
| All Ministers shall
be accountable individually for the administration of their own
Ministries and collectively for the administration of the work
of the Cabinet, both to the President and to Parliament. |
Article
42 - Outside Employment |
| (1) |
During their tenure of office
as members of the Cabinet, Ministers may not take up any other
paid employment, engage in activities inconsistent with their
positions as Ministers, or expose themselves to any situation
which carries with it the risk of a conflict developing between
their interests as Ministers and their private interests. |
| (2) |
No members of the Cabinet shall
use their positions as such or use information entrusted to them
confidentially as such members of the Cabinet, directly or indirectly
to enrich themselves. |
Article
43 - Secretary to the Cabinet |
| (1) |
There shall be a Secretary to
the Cabinet who shall be appointed by the President and who shall
perform such functions as may be determined by law and such functions
as are from time to time assigned to the Secretary by the President
or the Prime Minister. Upon appointment by the President, the
Secretary shall be deemed to have been appointed to such office
on the recommendation of the Public Service Commission. |
| (2) |
The Secretary to the Cabinet
shall also serve as a depository of the records, minutes and
related documents of the Cabinet. |