Constitution of Namibia

The constitution of Namibia was drafted by the Constituent Assembly ( Constituent Assembly) and adopted unanimously on November 9, 1990. Define Namibia as a sovereign, secular, democratic and unitary State founded on the principles of democracy, the rule of law and justice for all ( article 1, paragraph 1).

Construction

The Constitution provides a classic separation of powers between the legislative, executive and judicial powers (Art. 1 para 3).

The executive power is vested by the Constitution to the President and his cabinet. Legislative power rests with the Parliament. This is divided into the National Assembly and the National Council. The judicial power is vested in the Supreme Court, the High Court and the Lower Courts, the courts act independently and are subject only to the law.

The Constitution is divided into 21 chapters ( Chapter) with a total of 148 articles.

Constitutional amendment

A constitutional amendment (Art. 132) required under the Constitution, a two-thirds majority in both houses of Parliament. If they do not come into existence in the National Council, the President may order a referendum. Also in the referendum a two-thirds majority of the votes cast is required for a constitutional amendment.

The process of constitutional amendment itself can not be changed according to the constitution.

During the presidency Sam Nujoma a constitutional amendment in 1998 enforced, which allowed a third term of office of the President. Originally, the time limit should be deleted entirely from the Constitution, but a compromise was reached with a view of the reputation of Namibia in the international community. Since Nujoma had no direct choice over the position as Chairman of the Constituent Assembly by the people, as required by the Constitution, to give him a second direct candidacy was allowed.