Constitutional Law at Namibia
Constitution of Namibia - Wikipedia Namibia's constitutional framework is governed by the Constitution of the Republic of Namibia, which came into force on March 21, 1990, coinciding with the country's independence from South Africa. This constitution was adopted by an elected constituent assembly and serves as the supreme law of the land. (Constitution of Namibia)
🇳🇦 Key Features of the Namibian Constitution
1. Republican Form of Government
Namibia is established as a sovereign, secular, democratic, and unitary state founded upon the principles of democracy, the rule of law, and justice for all. All power is vested in the people of Namibia, who exercise their sovereignty through democratic institutions of the state. (ICL > Namibia > Constitution)
2. Separation of Powers
The Constitution delineates the three branches of government:
Executive: Headed by the President, who serves as both the Head of State and Government, and is also the Commander-in-Chief of the Defence Force.
Legislature: A bicameral Parliament consisting of the National Assembly and the National Council.
Judiciary: An independent judiciary with the Supreme Court at its apex. (Chapter 5 - The President | Namibia - UN Member States, Constitution of Namibia)
3. Fundamental Human Rights and Freedoms
Chapter 3 of the Constitution enshrines a comprehensive Bill of Rights, guaranteeing:
Equality before the law and freedom from discrimination.
Freedom of speech, assembly, and association.
Protection from arbitrary arrest and detention.
Right to a fair trial.
Protection of property rights.
Freedom of religion.
4. Citizenship
Chapter 2 outlines the provisions for acquiring and losing Namibian citizenship, emphasizing the importance of nationality in the context of the state's sovereignty and the individual's rights.
5. Public Emergency and State of National Defence
Chapter 4 provides the framework for declaring a state of emergency or national defense, outlining the conditions and limitations under which such declarations may occur.
6. Decentralization and Local Government
Chapter 12 addresses regional and local government, promoting decentralization to ensure effective administration and local participation in governance.
7. Finance and Planning
Chapters 16 and 17 pertain to the financial management of the state, establishing provisions for the national budget, the Central Bank, and the National Planning Commission. (Constitution of the Republic of Namibia, 1990 (Act No. 1 of 1990).)
🛠️ Amendments to the Constitution
The Namibian Constitution has been amended several times to address evolving political and social needs:
First Amendment (1998): Amended Article 134.
Second Amendment (2010): Introduced changes affecting multiple articles, including those related to citizenship, human rights, and the judiciary.
Third Amendment (2014): Expanded the size of the National Assembly and National Council to enhance representation. (Constitution - Legal Assistance Centre, Constitution of Namibia)
📘 Accessing the Constitution
The full text of the Constitution of the Republic of Namibia, including amendments up to 2014, is available at the Constitute Project and in PDF format at FAOLEX. ([PDF] Namibia's Constitution of 1990 with Amendments through 2010)
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