Constitution of Namibia

Status: Republic with executive President

Legislature: Parliament of Namibia

Independence: 21 March 1990

The constitution provides for a multiparty democracy in a unitary republic. The president is head of state and government and commander-in-chief of the defence force. Elected by direct universal adult suffrage at intervals of not more than five years, he or she must receive more than 50% of the votes cast. The president appoints the government, the armed forces chief of staff and members of a Public Service Commission, but the National Assembly may revoke any appointment. He or she can only serve two successive directly elected five-year terms. The president may dissolve the National Assembly, and may also proclaim a state of national emergency and rule by decree, subject to the approval of the National Assembly.

Legislative power is vested in a National Assembly of 72 elected members, and up to six nominated but non-voting members, all members serving for a maximum of five years. The National Assembly can remove the president from office by passing an impeachment motion with a two-thirds majority. The prime minister is leader of government business in parliament.

An upper house, the National Council, is provided for in the constitution and was formally convened in February 1993. It consists of three members from each of the 14 regions, elected by regional councils and serving for a term of six years. The National Council has limited powers to review legislation passed by the National Assembly and can block bills.

The constitution includes 25 entrenched clauses regarding fundamental human rights and freedoms. There is no death sentence nor detention without trial and the practice and ideology of apartheid is expressly forbidden. Private property rights are guaranteed. Amendments to the constitution can only be made by two-thirds majorities of both houses.