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CHAPTER 7
The National Assembly
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Article
44 - Legislative Power |
| The legislative
power of Namibia shall be vested in the National Assembly with
the power to pass laws with the assent of the President as provided
in this Constitution subject, where applicable, to the powers
and functions of the National Council as set out in this Constitution. |
Article
45 - Representative Nature |
| The members of the
National Assembly shall be representative of all the people and
shall in the performance of their duties be guided by the objectives
of this Constitution, by the public interest and by their conscience. |
Article
46 - Composition |
| (1) |
The composition
of the National Assembly shall be as follows: |
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(a) |
seventy-two (72) members to
be elected by the registered voters by general, direct and secret
ballot. Every Namibian citizen who has the qualifications described
in Article 17 hereof shall be entitled to vote in the elections
for members of the National Assembly and, subject to Article
47 hereof, shall be eligible for candidature as a member of the
National Assembly; |
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(b) |
not more than six (6) persons appointed by
the President under Article 32(5)(c) hereof, by virtue of their special
expertise, status, skill or experience: provided that such members shall
have no vote in the National Assembly, and shall not be taken into account
for the purpose of determining any specific majorities that are required
under this Constitution or any other law. |
| (2) |
Subject to the principles
referred to in Article 49 hereof, the members of the National
Assembly referred to in Sub-Article (1)(a) hereof shall be elected
in accordance with procedures to be determined by Act of Parliament. |
Article
47 - Disqualification of Members |
| (1) |
No persons may become
members of the National Assembly if they: |
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(a) |
have at any time after Independence
been convicted of any offence in Namibia, or outside Namibia
if such conduct would have constituted an offence within Namibia,
and for which they have been sentenced to death or to imprisonment
of more than twelve (12) months without the option of a fine,
unless they have received a free pardon or unless such imprisonment
has expired at least ten (10) years before the date of their
election; or |
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(b) |
have at any time prior to Independence
been convicted of an offence, if such conduct would have constituted
an offence within Namibia after Independence, and for which they
have been sentenced to death or to imprisonment of more than
twelve (12) months without the option of a fine, unless they
have received a free pardon or unless such imprisonment has expired
at least ten (10) years before the date of their election: provided
that no person sentenced to death or imprisonment for acts committed
in connection with the struggle for the independence of Namibia
shall be disqualified under this Sub-Article from being elected
as a member of the National Assembly; or |
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(c) |
are unrehabilitated insolvents;
or |
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(d) |
are of unsound mind and have
been so declared by a competent Court: or |
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(e) |
are remunerated members of the
public service of Namibia; or |
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(f) |
are members of the National
Council, Regional Councils or Local Authorities. |
| (2) |
For the purposes
of Sub-Article (1) hereof: |
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(a) |
no person shall be considered
as having been convicted by any Court until any appeal which
might have been noted against the conviction or sentence has
been determined, or the time for noting an appeal against such
conviction has expired; |
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(b) |
the public service shall be
deemed to include the defence force, the police force, the prison
service, para-statal enterprises, Regional Councils and Local
Authorities. |
Article
48 - Vacation of Seats |
| (1) |
Members of the National
Assembly shall vacate their seats: |
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(a) |
if they cease to have the qualifications
which rendered them eligible to be members of the National Assembly; |
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(b) |
if the political party which
nominated them to sit in the National Assembly informs the Speaker
that such members are no longer members of such political party; |
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(c) |
if they resign their seats in
writing addressed to the Speaker; |
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(d) |
if they are removed by the National
Assembly pursuant to its rules and standing orders permitting
or requiring such removal for good and sufficient reasons; |
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(e) |
if they are absent during sittings
of the National Assembly for ten (10) consecutive sitting days,
without having obtained the special leave of the National Assembly
on grounds specified in its rules and standing orders. |
| (2) |
If the seat of a member of the
National Assembly is vacated in terms of Sub Article (1) hereof, the political
party which nominated such member to sit in the National Assembly shall
be entitled to fill the vacancy by nominating any person on the party's
election list compiled for the previous general election, or if there
be no such person, by nominating any member of the party. |
Article
49 - Elections |
| The election of
members in terms of Article 46(1)(a) hereof shall be on party
lists and in accordance with the principles of proportional representation
as set out in Schedule 4 hereof. |
Article
50 - Duration |
| Every National Assembly
shall continue for a maximum period of five (5) years, but it
may before the expiry of its term be dissolved by the President
by Proclamation as provided for in Articles 32(3)(a) and 57(1)
hereof. |
Article
51 - Speaker |
| (1) |
At the first sitting
of a newly elected National Assembly, the National Assembly,
with the Secretary acting as Chairperson, shall elect a member
as Speaker. The National Assembly shall then elect another member
as Deputy-Speaker. The Deputy-Speaker shall act as Speaker whenever
the Speaker is not available. |
| (2) |
The Speaker or Deputy-Speaker
shall cease to hole! office if he or she ceases to be a member
of the National Assembly. The Speaker or Deputy-Speaker may be
removed from office by resolution of the National Assembly, and
may resign from office or from the National Assembly in writing
addressed to the Secretary of the National Assembly. |
| (3) |
When the office
of Speaker or Deputy-Speaker becomes vacant the National Assembly
shall elect a member to fill the vacancy. |
| (4) |
When neither the
Speaker nor the Deputy-Speaker is available for duty, the National
Assembly, with the Secretary acting as Chairperson, shall elect
a member to act as Speaker. |
Article
52 - Secretary and other Officers |
| (1) |
Subject to the provisions
of the laws pertaining to the public service and the directives
of the National Assembly, the Speaker shall appoint a person
(or designate a person in the public service made available for
that purpose), as the Secretary of the National Assembly, who
shall perform the functions and duties assigned to such Secretary
by this Constitution or by the Speaker. |
| (2) |
Subject to the laws
governing the control of public monies, the Secretary shall perform
his or her functions and duties under the control of the Speaker. |
| (3) |
The Secretary shall
be assisted by officers of the National Assembly who shall be
persons in the public service made available for that purpose. |
Article
53 - Quorum |
| The presence of
at least thirty-seven (37) members of the National Assembly entitled
to vote, other than the Speaker or the presiding member, shall
be necessary to constitute a meeting of the National Assembly
for the exercise of its powers and the performance of its functions. |
Article
54 - Casting Vote |
| In the case of an
equality of votes in the National Assembly, the Speaker or the
Deputy-Speaker or the presiding member shall have and may exercise
a casting vote. |
Article
55 - Oath or Affirmation |
| Every member of
the National Assembly shall make and subscribe to an oath or
solemn affirmation before the Chief Justice or a Judge designated
by the Chief Justice for this purpose, in the terms set out in
Schedule 3 hereof. |
Article
56 - Assent to Bills |
| (1) |
Every bill passed
by Parliament in terms of this Constitution in order to acquire
the status of an Act of Parliament shall require the assent of
the President to be signified by the signing of the bill and
the publication of the Act in the Gazette. |
| (2) |
Where a bill is
passed by a majority of two-thirds of all the members of the
National Assembly and has been confirmed by the National Council
the President shall be obliged to give his or her assent thereto. |
| (3) |
Where a bill is
passed by a majority of the members of the National Assembly
but such majority consists of less than two-thirds of all the
members of the National Assembly and has been confirmed by the
National Council, but the President declines to assent to such
bill, the President shall communicate such dissent to the Speaker. |
| (4) |
If the President
has declined to assent to a bill under Sub-Article (3) hereof,
the National Assembly may reconsider the bill and, if it so decides,
pass the bill in the form in which it was referred back to it,
or in an amended form or it may decline to pass the bill. Should
the bill then be passed by a majority of the National Assembly
it will not require further confirmation by the National Council
but, if the majority consists of less than two-thirds of all
the members of the National Assembly, the President shall retain
his or her power to withhold assent to the bill. If the President
elects not to assent to the bill, it shall then lapse. |
Article
57 - Dissolution |
| (1) |
The National Assembly
may be dissolved by the President on the advice of the Cabinet
if the Government is unable to govern effectively. |
| (2) |
Should the National
Assembly be dissolved a national election for a new National
Assembly and a new President shall take place within a period
of ninety (90) days from the date of such dissolution. |
Article
58 - Conduct of Business after Dissolution |
| Notwithstanding
the provisions of Article 57 hereof: |
| (a) |
every person who
at the date of its dissolution was a member of the National Assembly
shall remain a member of the National Assembly and remain competent
to perform the functions of a member until the day immediately
preceding the first polling day for the election held in pursuance
of such dissolution; |
| (b) |
the President shall
have power to summon Parliament for the conduct of business during
the period following such dissolution, up to and including the
day immediately preceding the first polling day for the election
held in pursuance of such dissolution, in the same manner and
in all respects as if the dissolution had not occurred. |
Article
59 - Rules of Procedure, Committees and Standing Orders |
| (1) |
The National Assembly
may make such rules of procedure for the conduct of its business
and proceedings and may also make such rules for the establishing,
functioning and procedures of committees, and formulate such
standing orders, as may appear to it to be expedient or necessary. |
| (2) |
The National Assembly
shall in its rules of procedure make provision for such disclosure
as may be considered to be appropriate in regard to the financial
or business affairs of its members. |
| (3) |
For the purposes
of exercising its powers and performing its functions any committee
of the National Assembly established in terms of Sub-Article
(1) hereof shall have the power to subpoena persons to appear
before it to give evidence on oath and to produce any documents
required by it. |
Article
60 - Duties, Privileges and Immunities of Members |
| (1) |
The duties of the
members of the National Assembly shall include the following: |
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(a) |
all members of the National
Assembly shall maintain the dignity and image of the National
Assembly both during the sittings of the National Assembly as
well as in their acts and activities outside the National Assembly; |
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(b) |
all members of the National
Assembly shall regard themselves as servants of the people of
Namibia and desist from any conduct by which they seek improperly
to enrich themselves or alienate themselves from the people. |
| (2) |
A private members'
bill may be introduced in the National Assembly if supported
by one-third of all the members of the National Assembly. |
| (3) |
Rules providing
for the privileges and immunities of members of the National
Assembly shall be made by Act of Parliament and all members shall
be entitled to the protection of such privileges and immunities. |
Article
61 - Public Access to Sittings |
| (1) |
Save as provided
in Sub-Article (2) hereof, all meetings of the National Assembly
shall be held in public and members of the public shall have
access to such meetings. |
| (2) |
Access by members
of the public in terms of Sub-Article (1) hereof may be denied
if the National Assembly adopts a motion supported by two-thirds
of all its members excluding such access to members of the public
for specified periods or in respect of specified matters. Such
a motion shall only be considered if it is supported by at least
one-tenth of all the members of the National Assembly and the
debate on such motion shall not be open to members of the public. |
Article
62 - Sessions |
| (1) |
The National Assembly
shall sit: |
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(a) |
at its usual place of sitting
determined by the National Assembly, unless the Speaker directs
otherwise on the grounds of public interest, security or convenience; |
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(b) |
for at least two (2) sessions
during each year, to commence and terminate on such dates as
the National Assembly from time to time determines; |
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(c) |
for such special sessions as
directed by Proclamation by the President from time to time. |
| (2) |
During such sessions
the National Assembly shall sit on such days and during such
times of the day or night as the National Assembly by its rules
and standing orders may provide. |
| (3) |
The day of commencement
of any session of the National Assembly may be altered by Proclamation
by the President, if the President is requested to do so by the
Speaker on grounds of public interest or convenience. |
Article
63 - Functions and Powers |
| (1) |
The National Assembly, as the
principal legislative authority in and over Namibia, shall have the power,
subject to this Constitution, to make and repeal laws for the peace, order
and good government of the country in the best interest of the people
of Namibia. |
| (2) |
The National Assembly
shall further have the power and function, subject to this Constitution: |
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(a) |
to approve budgets for the effective
government and administration of the country; |
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(b) |
to provide for revenue and taxation; |
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(c) |
to take such steps as it considers
expedient to uphold and defend this Constitution and the laws
of Namibia and to advance the objectives of Namibian independence; |
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(d) |
to consider and decide whether
or not to succeed to such international agreements as may have
been entered into prior to Independence by administrations within
Namibia in which the majority of the Namibian people have historically
not enjoyed democratic representation and participation; |
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(e) |
to agree to the ratification
of or accession to international agreements which have been negotiated
and signed in terms of Article 32(3)(e) hereof; |
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(f) |
to receive reports on the activities
of the Executive, including para-statal enterprises, and from
time to time to require any senior official thereof to appear
before any of the committees of the National Assembly to account
for and explain his or her acts and programmes; |
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(g) |
to initiate, approve or decide
to hold a referendum on matters of national concern; |
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(h) |
to debate and to advise the
President in regard to any matters which by this Constitution
the President is authorised to deal with; |
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(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; |
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(j) |
generally to exercise any other
functions and powers assigned to it by this Constitution or any
other law and any other functions incidental thereto. |
Article
64 - Withholding of Presidential Assent |
| (1) |
Subject to the provisions
of this Constitution, the President shall be entitled to withhold
his or her assent to a bill approved by the National Assembly
if in the President's opinion such bill would upon adoption conflict
with the provisions of this Constitution. |
| (2) |
Should the President
withhold assent on the grounds of such opinion, he or she shall
so inform the Speaker who shall inform the National Assembly
thereof, and the Attorney-General, who may then take appropriate
steps to have the matter decided by a competent Court. |
| (3) |
Should such Court
thereafter conclude that such bill is not in conflict with the
provisions of this Constitution, the President shall assent to
the said bill if it was passed by the National Assembly by a
two-thirds majority of all its members. If the bill was not passed
with such majority, the President may withhold his or her assent
to the bill, in which event the provisions of Article 56(3) and
(4) hereof shall apply. |
| (4) |
Should such Court
conclude that the disputed bill would be in conflict with any
provisions of this Constitution, the said bill shall be deemed
to have lapsed and the President shall not be entitled to assent
thereto. |
Article
65 - Signature and Enrolment of Acts |
| (1) |
When any bill has
become an Act of Parliament as a result of its having been passed
by Parliament, signed by the President and published in the Gazette,
the Secretary of the National Assembly shall promptly cause two
(2) fair copies of such Act in the English language to be enrolled
in the office of the Registrar of the Supreme Court and such
copies shall be conclusive evidence of the provisions of the
Act. |
| (2) |
The public shall
have the right of access to such copies subject to such regulations
as may be prescribed by Parliament to protect the durability
of the said copies and the convenience of the Registrar's staff. |
Article
66 - Customary and Common Law |
| (1) |
Both the customary
law and the common law of Namibia in force on the date of Independence
shall remain valid to the extent to which such customary or common
law does not conflict with this Constitution or any other statutory
law. |
| (2) |
Subject to the terms
of this Constitution, any part of such common law or customary
law may be repealed or modified by Act of Parliament, and the
application thereof may be confined to particular parts of Namibia
or to particular periods. |
Article
67 - Requisite Majorities |
| Save as provided
in this Constitution, a simple majority of votes cast in the
National Assembly shall be sufficient for the passage of any
bill or resolution of the National Assembly. |