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Parliament name Parliament More photos  >>> Structure of parliament Bicameral Chamber name National Assembly Related chamber (for bicameral parliaments) National Council Affiliation to the IPU Yes Affiliation date(s) 1990 - LEADERSHIP President Theo-Ben Gurirab (M)  Notes Re-elected on 19 March 2010. Secretary General Johannes Jacobs (M)  Notes Appointed on 5 Jan. 2009. COMPOSITION Members (statutory / current number) 78 / 78 PERCENTAGE OF WOMEN More statistics  >>> Women (current number) 19 (24.36%) Mode of designation directly elected 72 appointed 6 Notes Appointed: Six non-voting members appointed by the President of the Republic. Term 5 years Last renewal dates 27 November 2009 28 November 2009 (View details) CONTACT INFORMATION Address National Assembly Parliament Buildings Private Bag 13323 WINDHOEK (Export mailing lists) Phone (26461) 288 91 11 288 25 03 Fax (26461) 22 68 99 23 16 26 24 77 72 E-mail parliament@parliament.gov.na Website http://www.parliament.gov.na

Parliament name Parliament Structure of parliament Bicameral Chamber name National Assembly Related chamber (for bicameral parliaments) National Council LEGAL FRAMEWORK Electoral law 28 August 1992 Electoral Amendment Act No. 30 1998 and Electoral Amendment Act No. 19 1999 Mode of designation directly elected 72 appointed 6 Constituencies 107 constituencies. Members of the National Assembly are elected through proportional representation. Voting system Proportional: Party-list system with proportional representation, using the simple quotient and greatest remainders system. Undistributed seats after allocation based on the primary calculation are awarded to parties in sequence of the highest surplus votes. Vacancies arising between general elections are filled through designation by the political party which held the seat in question, priority being given to persons who figured on the party's list at the previous general elections. Voting is not compulsory. Voter requirements - age: 18 years - citizenship of Namibia (by birth) or child of at least one parent born in Namibia or residence in the country for at least 4 years prior to the date of registration as elector CANDIDATES Eligibility Qualified electors - age: 21 years Ineligibility: - undischarged bankruptcy, insanity, death sentence, imprisonment for more than one year - conviction after the independence, 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 imprisonment of more than twelve months without the option of a fine, unless they have received a free pardon or unless such imprisonment has expired at least ten years before the date of their election - convicion prior the independence, 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 imprisonment of more than twelve months without the option of a fine, unless they have received a free pardon or unless such imprisonment has expired at least ten 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 from being elected as a member of the National Assembly Incompatibilities - remunerated members of the public service - membership of the National Council, regional councils and local authorities Candidacy requirements Candidate should have no criminal record; must be a member of and nominated by a registered political party or association; may be an independent whose nomination is supported by at least 100 registered voters in the constituency for which he/she intends to stand for election.

Parliament name Parliament Structure of parliament Bicameral Chamber name National Assembly Related chamber (for bicameral parliaments) National Council BACKGROUND Dates of election / renewal (from/to) (from/to) 27 November 2009 28 November 2009 Timing and scope of renewal Elections were held for all elective seats in the National Assembly on the normal expiry of the members' term of office. On 1 September 2009, the Electoral Commission of Namibia (ECN) announced that parliamentary and presidential elections would be held on 27 and 28 November. In the previous elections, held in November 2004, the ruling South-West Africa People's Organization (SWAPO) took 55 of the 72 directly elected seats in the National Assembly. Mr. Hifikepunye Pohamba (SWAPO) was elected President, succeeding Mr. Sam Nujoma, who had held office since the country's independence from South Africa in 1990. The Congress of Democrats (CoD) and the Democratic Turnhalle Alliance (DTA) won five and four seats respectively. The United Democratic Front (UDF) and the National Unity Democratic Organization (Nudo) took three seats each. In November 2007, a former foreign minister, Hidipo Hamutenya, left SWAPO and formed the Rally for Democracy and Progress (RDP). He had unsuccessfully sought the SWAPO nomination for President in 2004. The RDP was considered to be one of SWAPO's biggest challengers in the 2009 elections, in which fourteen parties ran. As a result of the global economic crisis, demand for Namibia's principal export, diamonds, dropped sharply. The country's economy nevertheless remained relatively robust. Prior to the 2009 elections, SWAPO seemed to be losing ground in the wake of a number of corruption scandals. It was nevertheless expected to win a clear victory in 2009 as in previous elections. President Pohamba underscored that it was the only party that had fully implemented its party manifesto. He called on voter support so that the party would be able to win all 72 seats in the National Assembly and "govern Namibia until the second coming of Jesus Christ". He said that Mr. Hamutenya (RDP) was having serious health problems and would not be able to lift Namibia out of the economic morass. The RDP campaigned on an anti-corruption platform. It tried to reach out to the country's young people, who are not old enough to remember the independence struggle and might therefore be less devoted to SWAPO, the former liberation movement. The RDP claimed that the voters roll contained irregularities, including duplicate voter cards, deceased persons and people under 18. The Electoral Commission refuted the claims, noting that many nations had not yet been able to obtain a perfect voter register. The RDP also claimed that the 2004 elections had been rigged. SWAPO took the RDP leader Hamutenya to court for his comments during the election campaign. Other opposition parties in the outgoing legislature promised to tackle poverty and unemployment and to provide better education in spite of the economic downturn. They also cited irregularities during the voter registration process, arguing that a number of Angolan nationals with no proof of citizenship had been allowed to register in the northern regions. The Electoral Commission rejected the allegation. Over 70 per cent of the 1.2 million registered voters turned out at the polls. No major incidents were reported, although logistical problems caused delays at some polling stations. Observers from the African Union praised the peaceful voting process, describing it as one of the best in Africa. They also noted that Namibia was one of the rare African countries to allow prisoners to vote. Observers from the Southern African Development Community (SADC) also declared that the elections had been "transparent, credible, peaceful, free and fair". The final results gave 54 seats to SWAPO, one less than in the previous elections. The RDP took eight seats. The remaining seats were won by seven other parties. The newly elected National Assembly held its first session on 19 March 2010 and re-elected Mr. Theo-Ben Gurirab (SWAPO) as its Speaker. STATISTICS Voter turnout Round no 1 (from/to) 27 November 2009 28 November 2009 Number of registered electors Voters Blank or invalid ballot papers Valid votes 10'576 800'567 Notes Distribution of votes Round no 1 Political group Candidates Votes % of votes South -West African People's Organization (SWAPO) 602'580 Rally for Democracy and Progress (RDP) 90'556 Democratic Turnhalle Alliance (DTA) 25'393 United Democratic Front of Namibia (UDF) 19'489 National Unity Democratic Organisation (Nudo) 24'422 South-West African National Union of Namibia (SWANU) 4'989 Republican Party 6'541 All People's Party (APP) 10'795 Congress of Democrats (COD) 5'375 Distribution of seats Round no 1 Political Group Total of seats South -West African People's Organization (SWAPO) 54 Rally for Democracy and Progress (RDP) 8 Democratic Turnhalle Alliance (DTA) 2 United Democratic Front of Namibia (UDF) 2 National Unity Democratic Organisation (Nudo) 2 South-West African National Union of Namibia (SWANU) 1 Republican Party 1 All People's Party (APP) 1 Congress of Democrats (COD) 1 Distribution of seats according to sex Men Women Percent of women 59 19 24.36% Distribution of seats according to age Distribution of seats according to profession Comments Note on the number of women: Sixteen women were directly elected while three others were appointed by the President. Source: National Assembly (07.04.2010, 30.09.2010)

Parliament name Parliament Structure of parliament Bicameral Chamber name National Assembly Related chamber (for bicameral parliaments) National Council APPOINTMENT AND TERM OF OFFICE Title Speaker of the National Assembly Term - duration: 5 years (term of House) - reasons for interruption of the term: resignation, death, dissolution of the Assembly Appointment - elected by all Members of the Assembly - the election is held on the first sitting day of the first session immediately after election of the new Assembly - after members' mandates have been validated and they have been sworn in Eligibility - any Member of the Assembly can be a candidate Voting system - secret ballot - simple majority Procedures / results - the Secretary General presides over the Assembly during the voting - the clerks supervises the voting - the Secretary General announces the results without any delay - the results cannot be challenged STATUS Status - ranks third in the hierarchy of State - represents the Assembly in international bodies - presides over joint sessions of the Chambers - in the absence of the Speaker, the Deputy Speaker can assume his/her role and functions Board Material facilities - allowance - official car - household staff FUNCTIONS Organization of parliamentary business - convenes sessions - establishes and modifies the agenda - organizes the debates and sets speaking time - examines the admissibility of bills and amendments - refers texts to a committee for study - examines the admissibility of requests for setting up committees and/or committees of enquiry - may appoint committees and their Chairmen Chairing of public sittings - can open, adjourn and close sittings - ensures respect for provisions of the Constitution and Standing Orders - makes announcements concerning the Assembly - takes disciplinary measures in the event of disturbance, and lifts such measures - establishes the list of speakers, gives and withdraws permission to speak - establishes the order in which amendments are taken up and selects which amendments are to be debated - calls for a vote, decides how it is to be carried out, verifies the voting procedure and cancels a vote in the event of irregularities - checks the quorum - interprets the rules or other regulations governing the life of the Assembly - has discretionary power to give the floor outside the agenda and thus organizes impromptu debates Special powers - recommends the budget of the Assembly - recruits, assigns and promotes staff - appoints the Secretary General - organizes the services of the Assembly - is responsible for relations with foreign Parliaments - is responsible for safety, and in this capacity, can call the police in the event of disturbance in the Assembly Speaking and voting rights, other functions - may not take part in voting but has a casting vote - signs laws and transmits them to the Head of State for enactment - ensures the constitutionality of laws

Parliament name Parliament Structure of parliament Bicameral Chamber name National Assembly Related chamber (for bicameral parliaments) National Council NATURE Nature of the mandate · Free representation (Art. 45 of the Constitution of 21.03.1990) Start of the mandate · When the MPs take the oath. Procedure (Art. 55 of the Constitution and Schedule 3 thereto, SO 9 (2) of the Standing Orders of the National Assembly, Annex to the Standing Orders of the National Assembly) Validation of mandates · Validation by the High Court only in case of challenge · Procedure (Art. 109 to 120 of the Electoral Act) End of the mandate · On the day when the legal term of the House ends (see Art. 50 of the Constitution). In case of early dissolution, the mandate extends until the day immediately preceding the first polling day for the election (Art. 58 (a) of the Constitution) (for early dissolution, see also Art. 32 (3) (a) and 57 of the Constitution) Can MPs resign? Yes · Yes, of their own free will (Art. 48 (1) (c) of the Constitution, SO 7 (1) (c) of the Standing Orders of the National Assembly) · Procedure (Art. 48 (1) (c) of the Constitution, SO 7 (1) (c) of the Standing Orders of the National Assembly): communication in writing to the party and to the Speaker Can MPs lose their mandate ? Yes (a) Loss of party membership, including recall (Art. 48 (1) (b) of the Constitution, SO 7 (1) (a) of the Standing Orders of the National Assembly) (b) Definitive exclusion from Parliament by the latter (Art. 48 (1) (d) of the Constitution) (c) Loss of eligibility (Art. 48 (1) (a) in connection with Art. 47 of the Constitution) (d) Loss of mandate for absence for ten consecutive sitting days of Parliament without special leave (Art. 48 (1) (e) of the Constitution, SO 7 (1) (b) of the Standing Orders of the National Assembly) (e) Death (SO 7 (1) (d) of the Standing Orders of the National Assembly) STATUS OF MEMBERS Rank in hierarchy · Within Parliament: 1. The Speaker 2. The Leaders of opposition parties 3. The other MPs · Outside Parliament: the official order of precedence ranks the Speaker of the National Assembly in the 3rd position. Indemnities, facilities and services · Official passport. Diplomatic passport for the Speaker and the Deputy Speaker. · Basic salary: NAD 146,554 per year + Committee Sitting Allowance: NAD 20 per hour · No exemption from tax · Pension scheme · Other facilities: (a) Assistants (see also Art. 52 of the Constitution): funding to political parties for secretariat services at Parliament (b) Official housing: - Housing Allowance: NAD 6,000 per month (c) Travel and transport: - Travel Allowance: NAD 3 per kilometre Obligation to declare personal assets Yes Parliamentary immunity - parliamentary non-accountability · The concept does exist (Art. 60 (3) of the Constitution, S. 2 of the Powers, Privileges and Immunities of Parliament Act, see also S. 5 of the Powers, Privileges and Immunities of Parliament Act). · Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament. · Derogations: offence or insult (see Discipline) · Non-accountability takes effect on the day when the mandate begins and offers, after the expiry of the mandate, protection against prosecution for opinions expressed during the exercise of the mandate. Parliamentary immunity - parliamentary inviolability · The concept does not exist. For the prohibition to issue or execute a service of process within the precincts of Parliament, and for the obligation to inform the Speaker about an arrest or sentence to imprisonment, see S. 3 of the Powers, Privileges and Immunities of Parliament Act. · MPs are prevented from being called as witnesses before a judge or tribunal (S. 4 of the Powers, Privileges and Immunities of Parliament Act). EXERCISE OF THE MANDATE Training · There is a training/initiation process on parliamentary practices and procedures for MPs. · It is provided by Parliament. · There is no handbook of parliamentary procedure. Participation in the work of the Parliament · It is not compulsory for MPs to be present at plenary sittings or committee meetings. For leave of absence, see SO 17 of the Standing Orders of the National Assembly. · Penalties foreseen in case of failure to fulfil this obligation (Art. 48 (1) (e) of the Constitution, SO 7 (1) (b) of the Standing Orders of the National Assembly): loss of mandate Discipline · The rules governing discipline within Parliament are contained in SO 57 to 62 of the Standing Orders of the National Assembly. · Disciplinary measures foreseen: - Warning for irrelevance (SO 57 of the Standing Orders of the National Assembly) - Order to withdraw (SO 58 and 60 of the Standing Orders of the National Assembly) - Suspension (SO 59 to 61 of the Standing Orders of the National Assembly) - Adjournment of the House, suspension of the sitting (SO 62 of the Standing Orders of the National Assembly) · Specific cases: - Offence or insult · Competent body to judge such cases/to impose penalties: - Warning for irrelevance, order to withdraw: the presiding Member - Suspension: the National Assembly, on recommendation of the Select Committee on Standing Orders and Internal Arrangements - Adjournment of the House, suspension of the sitting: the Speaker - Offence or insult: the Speaker, the Committee on Privileges on the suggestion of the Speaker · Procedure: - Warning for irrelevance (SO 57 of the Standing Orders of the National Assembly) - Order to withdraw (SO 58 and 60 of the Standing Orders of the National Assembly) - Suspension (SO 59 to 61 of the Standing Orders of the National Assembly) - Adjournment of the House, suspension of the sitting (SO 62 of the Standing Orders of the National Assembly) - Offence or insult Code (rules) of conduct · This concept does not exist in the country's juridical system but there are some relevant provisions (Art. 48 (1) (a) in connection with Art. 47 (1) (e), (f), and (2) (b), and Art. 60 (1) of the Constitution, S. 12 (b) (i), (c), and (d) of the Powers, Privileges and Immunities Act). · Penalties foreseen for violation of the rules of conduct: - Loss of mandate (Art. 48 (1) (a) in connection with Art. 47 of the Constitution, incompatibilities) - Other measures (S. 12 (b) (i), (c), and (d) of the Powers, Privileges and Immunities Act, conduct of a Member) · Procedure: - Loss of mandate (Art. 48 (1) (a) in connection with Art. 47 of the Constitution, incompatibilities). - Other measures (S. 12 (b) (i), (c), and (d) of the Powers, Privileges and Immunities Act, conduct of a Member). Relations between MPs and pressure group · There are no legal provisions in this field.

This page was last updated on 30 September 2010
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