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Namibia

Boundary Delimitation

BD01 Are constituencies delimited for election purposes?
a. Yes

Comments: A Delimitation Commission (DC) is appointed by the President upon approval of the National Assembly to delimit regional and local government seats.
Source: Constitution art 104 and section 5 of the Regional Council Act 13, 1992
Last updated: 2007-10-09 12:29:11 UTC

BD03 On what criteria are the boundaries drawn?
a. "Equality" of population
b. Respecting natural barriers
d. Conformity with local jurisdiction boundaries
e. Geographic size of district
g. Other

Comments: e.)Geographical features including geographical size and make-up of area (some areas are inhabitable, some are virgin land not yet occupied), population density, total number of towns in the area and other infrastructural development. g. Socio-economic characterstics and circumstances; and means of communications.
Source: Regional Councils Act 22, 1992, section 5
Last updated: 2007-10-09 12:29:11 UTC

BD05 The body responsible for drawing the boundaries is:
c. Boundary Commission

Comments: A Delimitation Commission (DC) is appointed by the President upon approval of the National Assembly to delimit regional and local government seats.
Source: Constitution of Namibia 1992, 103, 104; Schedule 4.
Last updated: 2007-10-02 09:11:16 UTC

Direct Democracy

DD01 Please provide information about the person completing the questionnaire.
a. Name and Title: Mrs. Beth Strachan
b. Job Title: Assistant Librarian
c. Organisation: EISA
d. Contact Address. 14 Park Road, Richmond, Johannesburg, South Africa
e. Telephone: 0027-11-4825495
f. Facsimile: 0027-11-4826163
g. Email: [email protected]

Comments: Web site: http://www.eisa.org.za/
Last updated: 2006-11-16 10:44:26 UTC

DD02 Which forms of direct democracy, if any, are currently possible at the national level? Please check the glossary for the definition of the following terms:
b. Optional referendum

Comments: C:63 "(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: [...] g) to initiate, approve or decide to hold a referendum on matters of national concern;" C:132 "If a Bill proposing... a repeal and/or amenment of any the provisions of this constitution secures a majority of two-thirds of all the members of the National Assembly, but fails to secure a majority of two-thirds of all the members of the National Council, the President may by proclamation make the bill the subject of a national referendum."
Source: The Constitution of the Republic of Namibia, Chapter 19, Article 63, and Article 132, Section 3 (a) "Repeal and Amendment of the Constitution"
Last updated: 2006-11-16 12:57:10 UTC

DD03 What is the legal basis for mandatory referendums at the national level?
e. Not applicable

Last updated: 2006-11-16 12:10:03 UTC

DD04 What is the legal basis for optional referendums at the national level?
a. Constitutional

Comments: C:63 "(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: [...] g) to initiate, approve or decide to hold a referendum on matters of national concern;" C:132 "If a Bill proposing... a repeal and/or amenment of any the provisions of this constitution secures a majority of two-thirds of all the members of the National Assembly, but fails to secure a majority of two-thirds of all the members of the National Council, the President may by proclamation make the bill the subject of a national referendum."
Source: The Constitution of the Republic of Namibia, Chapter 19, Article 63, and Article 132, Section 3 (a) "Repeal and Amendment of the Constitution"
Last updated: 2006-11-16 12:57:10 UTC

DD05 What is the legal basis for citizens' initiatives at the national level?
e. Not applicable

Last updated: 2006-10-17 07:39:00 UTC

DD06 What is the legal basis for agenda initiatives at the national level?
e. Not applicable

Last updated: 2006-10-17 07:39:00 UTC

DD07 What is the legal basis for recalls at the national level?
e. Not applicable

Last updated: 2006-10-17 07:39:00 UTC

DD08 What is the legal basis for the administrative requirements for mandatory referendums at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
e. Not applicable

Last updated: 2006-11-16 12:16:30 UTC

DD09 What is the legal basis for the administrative requirements for optional referendums at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
b. Specific laws/legislation

Source: The 1992 Constitution; The 1992 Electoral Act (Act No. 24 of 1992) with amendments
Last updated: 2006-11-16 12:16:30 UTC

DD10 What is the legal basis for the administrative requirements for citizens' initiatives at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
e. Not applicable

Last updated: 2006-10-17 07:41:41 UTC

DD106 Which organisation(s), if any, is responsible for running non-partisan information or voter education campaigns to inform voters about the issue being addressed in a referendum?
a. Agency/department responsible for the administration of direct democracy mechanisms

Comments: The Electoral Commission of Namibia (ECN) began voter education programmes in 1992, and established a Democracy Building Unit in 2000.
Source: EISA: "Multiparty democracy and elections in Namibia", 2005
Last updated: 2006-10-17 08:41:32 UTC

DD11 What is the legal basis for the administrative requirements for agenda initiatives at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
e. Not applicable

Last updated: 2006-10-17 07:41:41 UTC

DD12 What is the legal basis for the administrative requirements for recalls at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
e. Not applicable

Last updated: 2006-10-17 07:41:41 UTC

DD13 When were direct democracy mechanisms first introduced into the legal framework at the national level? Date (yyyy)
b. Optional referendum 1992

Source: The 1992 Electoral Act (No. 24 of 1992)
Last updated: 2006-11-16 12:18:27 UTC

DD14 When was an administrative framework for direct democracy mechanisms first introduced at the national level? Date (yyyy)
b. Optional referendum 1992

Comments: The Electoral Commission of Namibia (ECN), established in 1992 administered as part of the Prime Minister's Office 1992-2000: established as an independent body in 2000.
Source: The 1992 Electoral Act (No. 24 of 1992); G.H.K. Totemeyer et al.: "Elections in Namibia", 1996
Last updated: 2006-11-16 12:18:27 UTC

DD15 Who is responsible for managing the administration of direct democracy mechanisms at the national level?
b. Independent electoral commission

Comments: The Electoral Commission of Namibia (ECN), established in 1992 administered as part of the Prime Minister's Office 1992-2000: established as an independent body in 2000.
Source: The 1992 Electoral Act (No. 24 of 1992); G.H.K. Totemeyer et al.: "Elections in Namibia", 1996
Last updated: 2006-10-17 07:48:41 UTC

DD16 Does this agency/department also manage the administration of national elections?
a. Yes

Last updated: 2006-10-17 07:51:31 UTC

DD17 Are mandatory referendums currently possible at first tier (regions/states/provinces, etc) authority level?
c. No

Comments: Namibia is a unitary state.
Source: The Constitution of the Republic of Namibia
Last updated: 2006-10-17 07:51:31 UTC

DD18 Are optional referendums currently possible at first tier (regions/states/provinces, etc) authority level?
c. No

Comments: Namibia is a unitary state.
Source: The Constitution of the Republic of Namibia
Last updated: 2006-10-17 07:51:31 UTC

DD19 Are citizens' initiatives currently possible at first tier (regions/states/provinces, etc) authority level?
c. No

Comments: Namibia is a unitary state.
Source: The Constitution of the Republic of Namibia
Last updated: 2006-10-17 07:51:31 UTC

DD20 Are agenda initiatives currently possible at first tier (regions/states/provinces, etc) authority level?
c. No

Comments: Namibia is a unitary state.
Source: The Constitution of the Republic of Namibia
Last updated: 2006-10-17 07:51:31 UTC

DD21 Are recalls currently possible at first tier (regions/states/provinces, etc) authority level?
c. No

Comments: Namibia is a unitary state.
Source: The Constitution of the Republic of Namibia
Last updated: 2006-10-17 07:51:31 UTC

DD22 Are mandatory referendums currently possible at local (municipalities/districts/communes, etc) authority level?
c. No

Source: The Constitution of the Republic of Namibia
Last updated: 2006-10-17 07:51:31 UTC

DD23 Are optional referendums currently possible at local (municipalities/districts/communes, etc) authority level?
c. No

Source: The Constitution of the Republic of Namibia
Last updated: 2006-10-17 07:51:31 UTC

DD24 Are citizens' initiatives currently possible at local (municipalities/districts/communes, etc) authority level?
c. No

Source: The Constitution of the Republic of Namibia
Last updated: 2006-10-17 07:51:31 UTC

DD25 Are agenda initiatives currently possible at local (municipalities/districts/communes, etc) authority level?
c. No

Source: The Constitution of the Republic of Namibia
Last updated: 2006-10-17 07:51:31 UTC

DD26 Are recalls currently possible at local (municipalities/districts/communes, etc) authority level?
c. No

Source: The Constitution of the Republic of Namibia
Last updated: 2006-10-17 07:51:31 UTC

DD27 What are the issues, if any, in relation to which referendums are mandatory at the national level?
l. Not applicable

Last updated: 2006-11-16 12:42:48 UTC

DD28 What are the issues, if any, in relation to which referendums are optional at the national level?
a. Constitutional amendments
b. Adoption of international treaties
c. Transfer of authority to international bodies
d. National sovereignty, national self-determination
e. Conflict between constitutional organs
f. Devolution
g. Civil service
h. Taxes and public expenditure commitments
i. Other public policy issues
j. Other (specify)

Comments: C:63 "(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: [...] g) to initiate, approve or decide to hold a referendum on matters of national concern;" C:132 "If a Bill proposing... a repeal and/or amenment of any the provisions of this constitution secures a majority of two-thirds of all the members of the National Assembly, but fails to secure a majority of two-thirds of all the members of the National Council, the President may by proclamation make the bill the subject of a national referendum."
Source: The Constitution of the Republic of Namibia, Chapter 19, Article 63 and 132, Section 3 (a) "Repeal and Amendment of the Constitution"
Last updated: 2006-11-16 12:57:10 UTC

DD29 Which issues, if any, are excluded from being the subject of referendums at the national level?
k. None

Source: The Constitution of the Republic of Namibia
Last updated: 2006-11-16 12:42:48 UTC

DD30 Which issues, if any, maybe the subject of sub-national referendums regulated at the national level?
e. None

Last updated: 2006-10-17 07:56:54 UTC

DD31 Who can initiate a referendum at the national level?
c. President

Comments: C:63 "(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: [...] g) to initiate, approve or decide to hold a referendum on matters of national concern;" C:132 "If a Bill proposing... a repeal and/or amenment of any the provisions of this constitution secures a majority of two-thirds of all the members of the National Assembly, but fails to secure a majority of two-thirds of all the members of the National Council, the President may by proclamation make the bill the subject of a national referendum."
Source: The Constitution of the Republic of Namibia, Chapter 19, Article 63 and 132, Section 3 (a) "Repeal and Amendment of the Constitution"
Last updated: 2006-11-16 12:57:10 UTC

DD32 Who is responsible for drafting the mandatory referendum question?
g. Not applicable

Last updated: 2006-11-16 12:42:48 UTC

DD33 Who is responsible for drafting the optional referendum question?
c. President
d. Legislature

Comments: C:63 "(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: [...] g) to initiate, approve or decide to hold a referendum on matters of national concern;" C:132 "If a Bill proposing... a repeal and/or amenment of any the provisions of this constitution secures a majority of two-thirds of all the members of the National Assembly, but fails to secure a majority of two-thirds of all the members of the National Council, the President may by proclamation make the bill the subject of a national referendum."
Source: The Constitution of the Republic of Namibia, Chapter 19, Article 63 and 132, Section 3 (a) "Repeal and Amendment of the Constitution"
Last updated: 2006-11-16 12:57:10 UTC

DD34 Which of the following, if any, are required to be included in the mandatory referendum question?
f. Not applicable

Last updated: 2006-11-16 12:47:08 UTC

DD36 Which institution(s) decides on the final form of the ballot text for mandatory referendums?
f. Not applicable

Last updated: 2006-11-16 12:47:08 UTC

DD38 What, if any, are the quorum requirements for a mandatory referendum to be valid? Please specify numbers/percentages.
d. Not applicable X

Last updated: 2006-11-16 12:53:26 UTC

DD39 What, if any, are the quorum requirements for a optional referendum to be valid? Please specify numbers/percentages.
b. Approval quorum 2/3

Comments: "If upon holding such a referendum the bill containing the proposed repeals and/or amendments is approved by a two-thirds majority of all the votes cast in the referendum, the bill shall be deemed to have been passed in accordance with the provisions if this Constitution, and the President shall deal with it."
Source: The Constitution of the Republic of Namibia, Chapter 19, Article 132, Section 3 (a) "Repeal and Amendment of the Constitution
Last updated: 2006-11-16 12:47:08 UTC

DD40 What are the requirements for mandatory referendums to pass?
e. Not applicable

Last updated: 2006-11-16 12:53:26 UTC

DD41 What are the requirements for optional referendums to pass?
b. Qualified majority (specify % below)

Comments: C:132 "(3)(c) If upon the holding of such a referendum the bill containing the proposed repeals and/or amendments is approved by a two- thirds majority of all the votes cast in the referendum, the bill shall be deemed to have been passed in accordance with the provisions of this Constitution [...]"
Source: The Constitution of the Republic of Namibia, Chapter 19, Article 132, Section 3 (a) "Repeal and Amendment of the Constitution
Last updated: 2006-11-16 12:53:26 UTC

DD43 When is the outcome of a mandatory referendum binding?
d. Not applicable

Last updated: 2006-11-16 12:57:10 UTC

DD44 When is the outcome of an optional referendum binding?
b. Under certain circumstances (specify below)

Comments: b) When it is promulgated; it is passed when it it is approved with quorum. C:132 "(3)(c) If upon the holding of such a referendum the bill containing the proposed repeals and/or amendments is approved by a two- thirds majority of all the votes cast in the referendum, the bill shall be deemed to have been passed in accordance with the provisions of this Constitution, and the President shall deal it in terms of Article 56."
Source: The Constitution of the Republic of Namibia, Chapter 19, Article 132, Section 3 (a) "Repeal and Amendment of the Constitution
Last updated: 2006-11-16 12:57:10 UTC

DD45 Which types of issues can be proposed by citizens using the citizens' initiative process at the national level?
d. Not applicable

Last updated: 2006-10-17 09:07:25 UTC

DD46 Which types of issues can be proposed by citizens using the agenda initiative process at the national level?
d. Not applicable

Last updated: 2006-10-17 09:07:25 UTC

DD47 Which issues, if any, are excluded from being the subject of a citizens' initiative at the national level?
l. Not applicable

Last updated: 2006-10-17 09:07:25 UTC

DD48 Which issues, if any, are excluded from being the subject of an agenda initiative at the national level?
l. Not applicable

Last updated: 2006-10-17 09:09:07 UTC

DD49 Who may propose the registration of a citizens' initiative? Please specify in the “Comments” section below.
d. Not applicable

Last updated: 2006-10-17 09:09:07 UTC

DD50 Who may propose the registration of an agenda initiative? Please specify in the “Comments” section below.
d. Not applicable

Last updated: 2006-10-17 09:09:07 UTC

DD51 What material is necessary to accompany an application for registration?
e. Not applicable

Last updated: 2006-10-18 12:26:52 UTC

DD52 Who determines the title of a citizens' initiative?
f. Not applicable

Last updated: 2006-10-17 09:15:41 UTC

DD53 Who determines the title of an agenda initiative?
f. Not applicable

Last updated: 2006-10-17 09:15:41 UTC

DD54 Which, if any, of the following disqualify a proposed title of an initiative?
h. Not applicable

Last updated: 2006-10-17 09:15:41 UTC

DD55 Which services are provided by the agency/department responsible for the administration of direct democracy mechanisms before an initiative can be published?
f. Not applicable

Last updated: 2006-10-17 09:15:41 UTC

DD56 Under what circumstances is an initiative checked for constitutionality or legality?
d. Not applicable

Last updated: 2006-10-17 09:15:41 UTC

DD58 If a check of the constitutionality or legality of an initiative takes place, when does this happen?
f. Not applicable

Last updated: 2006-10-17 09:15:41 UTC

DD59 Which institutions, if any, are given an opportunity to propose an alternative to proposals contained in a citizens’ initiative?
g. Not applicable

Last updated: 2006-10-17 09:15:41 UTC

DD60 At which stage in the initiative process, if at all, can alternative proposals be made?
e. Not applicable

Last updated: 2006-10-17 09:15:41 UTC

DD61 What happens when there is a valid alternative proposal?
e. Not applicable

Last updated: 2006-11-16 12:57:10 UTC

DD68 If a recall qualifies for the ballot, when is it put to the vote?
d. Not applicable

Last updated: 2006-10-17 08:54:57 UTC

DD69 When does the election to replace an individual who has been recalled take place?
c. Not applicable

Last updated: 2006-10-17 08:54:57 UTC

DD71 Can an individual who is the subject of a recall stand on the ballot for his/her own replacement?
c. Not applicable

Last updated: 2006-10-17 08:54:57 UTC

Electoral Management

EM01 Please provide the following contact information for the national electoral management body:
a. Name of Institution The Electoral Commission
b. Full Address Private Bag 13 352
c. Telephone +264 61 22 03 37
d. Facsimile +264 61 23 76 18
e. Email election(a)namibia.com.na (Directorate of Elections)
f. Website Address www.elections.org.na
g. Name and Title of Chairperson/President Victor Tonchi
i. Official language of the electoral law governing national elections English

Comments: The official web site was off-line when tested on 09/10/2007.
Source: Ananias Elago, Director, Electoral Operations, Electoral Commission of Namibia, tel. + 264 61 220 337
Last updated: 2007-10-09 11:35:36 UTC

EM02 Does this national electoral body have the responsibility for elections at:
a. National level
b. Regional level
c. Local level

Source: Electoral Act, 1992, 2, 4(2)(d)
Last updated: 2007-10-09 11:35:36 UTC

EM04 The budget of the national electoral management body is determined by:
c. The legislature

Comments: The funding of the Electoral Commission of Namibia is made from "funds appropriated by law for that purpose". This presumably means a parliamentary appropriation.
Source: Electoral Act 24 1992, 128.
Last updated: 2007-10-09 11:40:57 UTC

EM05 The expenditures of the national electoral management body are controlled by:
d. A national government department

Comments: By the Commission itself through the Ministry of Finance.
Source: Ananias Elago, Director, Electoral Operations, Electoral Commission of Namibia, tel. + 264 61 220 337
Last updated: Tue, 18 Jun 2002 15:59:05 GMT

EM06 The term of the members of the national electoral management body is:
b. For a term of _________ years

Comments: Commissioners are appointed for five years, but may be be reappointed for further five year terms.
Source: Electoral Act 24 1992, 6
Last updated: 2007-10-02 08:55:00 UTC

EM08 According to official sources, what was the estimated overall cost (in US dollars if available) of the most recent national elections?
a. estimated total: 3059758

Comments: 3 059 758 USD
Last updated: 2008-01-21 13:42:27 UTC

EM09 What was the total number of registered voters or, where there was no voter roll, the estimated number of eligible voters?

Last updated: 2007-10-02 08:41:39 UTC

EM10 What was the spending (in USD) per registered voter (NOT actual voters) or, where there was no voter roll, the estimated number of eligible voters at the last general elections?
a. USD/registered voter 3.60

Last updated: 2007-10-02 08:41:39 UTC

EM11 What are the approximate proportions (%) of total election expenditure for the last national elections devoted to the following?

Last updated: 2007-10-02 08:41:39 UTC

Electoral Systems

ES01 How is the Head of State selected?
c. Directly elected in general elections (absolute majority with 2nd round if necessary)

Comments: The President is the Head of State and Government. The President is elected through direct universal adult suffrage by and absolute majority and is restricted to two terms of office of five years each.
Source: Constitution of Namibia 1992, Article 27, 28(2).
Last updated: 2007-10-09 08:49:31 UTC

ES02 How is the Head of Government selected?
b. Directly elected in general elections, absolute majority (with 2nd round if necessary)

Comments: The President is the Head of State and Government. The President is elected through direct universal adult suffrage by and absolute majority and is restricted to two terms of office of five years each. The Prime Minister is the leader of Government business in Parliament, co-ordinates the work of the Cabinet and advises and assists the President.
Source: Constitution of Namibia 1992, Article 27, 28(2), 36.
Last updated: 2007-10-09 08:49:31 UTC

ES03 Does the country have a president?
a. Yes

Comments: The President is the Head of State and Government. The President is elected through direct universal adult suffrage by and absolute majority and is restricted to two terms of office of five years each.
Source: Constitution of Namibia 1992, 27, Article 28(2).
Last updated: 2007-10-09 08:49:31 UTC

ES04 The national legislature consists of (one/two chambers):
b. Two chambers

Comments: Legislative power is vested in the National Assembly, subject to the assent of the President, and under certain conditions, the National Council.
Source: Constitution of Namibia 1992, Article 44, 75, 132(2),(3).
Last updated: 2007-10-09 08:49:31 UTC

ES05 What is the electoral system for Chamber 1 of the national legislature?
g. List Proportional Representation

Comments: The National Assembly consists of 72 members directly elected in a single constituency proportional representation system (with no minimum entry threshold) and up to 6 members, without voting rights, nominated by the President.
Source: Constitution of Namibia 1992, Article 46(1).
Last updated: 2007-10-09 08:49:31 UTC

ES11 If special constituencies or seats are reserved in Chamber 1, specify which interest groups, and the proportion of total seats reserved for:
e. Not applicable Na

Last updated: Wed, 22 May 2002 12:59:29 GMT

ES13 If special constituencies or seats are reserved in Chamber 2, specify which interest groups, and the proportion of total seats reserved:
e. Not applicable Na

Last updated: Wed, 22 May 2002 13:21:24 GMT

Legislative Framework

LF01 What is the status of the electoral law governing national elections?
a. Part of Constitution
b. Separate legislation

Comments: Key electoral legislation includes: Constitution of Namibia 1992 (amended 1998) Electoral Act, 1992 (amended 1994, 1998, 1999, 2002 and 2003)
Last updated: 2007-10-09 11:34:25 UTC

LF03 The national electoral law covers:
a. National elections
b. Regional elections
c. Local elections

Source: Electoral Act, 1992, 2
Last updated: 2007-10-09 11:34:25 UTC

LF04 Is voting on the national level voluntary or compulsory?
a. Voting is voluntary

Last updated: 2007-10-02 08:21:45 UTC

LF07 What are the agency(ies) responsible for first level of formal electoral disputes?
a. Judiciary

Comments: Appeals against decisions on registration may be made to the magistrates courts. All other election petitions are heard by the High Court and petitions must be submitted within 30 days of the announcement of the result disputed. The decision of the Court must be rendered with 60 days of the registration of the petition. Appeals may be lodged with the Supreme Court.
Source: Electoral Act 1992, 19, 22-24, 109, 110(1), 116,(3).
Last updated: 2007-10-09 11:34:25 UTC

Media and Elections

ME01 Please provide information about the person completing the questionnaire.

Last updated: 2007-01-17 09:06:12 UTC

ME11 What laws, if any, guarantee freedom of access to public information for representatives of the media?

Last updated: 2007-01-17 09:06:12 UTC

ME13 What are the laws, if any, which govern the operations of the public broadcaster? Specify the date of the latest version (including latest amendments)

Last updated: 2007-01-17 09:06:12 UTC

ME18 What are the laws, if any, that provide for the safeguards for editorial autonomy in relation to the public broadcaster(s)?

Last updated: 2007-01-17 09:06:12 UTC

ME19 What are the laws, if any, which govern the granting of broadcasting licenses/frequencies to private broadcasters?

Last updated: 2007-01-17 09:06:12 UTC

ME22 What are the legal conditions, if any, under which the activities of a media outlet may be suspended?

Last updated: 2007-01-17 09:06:12 UTC

ME37 What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
a. Equal regardless of size of party and previous performance
c. Based on result of previous election

Comments: The Communications Commission Act. The Act instructs that 60% of free public service campaign coverage on radio and television be divided proportionally according to party representation in the National Assembly. The remaining 40% should be shared equally by all political parties contesting the elections.
Source: EISA Electoral Observer Mission: Presidential and National Assembly Elections 15-16 November 2004 Report, 21-22, [www] http://www.eisa.org.za/PDF/namomr04.pdf
Last updated: 2007-10-09 13:56:03 UTC

ME38 What, if any, is the maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
b. The law does not specify any limits on paid advertising X

Comments: The law does not specify any limits on paid advertising.
Source: AllAfrica.com 2005
Last updated: 2007-10-02 13:20:31 UTC

ME55 What, if any, is the maximum amount that a presidential candidate is permitted to spend on paid advertising?

Last updated: 2007-01-17 09:06:12 UTC

ME56 What are the laws, if any, which govern the disclosure of campaign advertising expenditures by political parties and candidates?

Last updated: 2007-01-17 09:06:12 UTC

ME57 What, if any, is the maximum amount that a media outlet can charge parties/candidates for advertising during the campaign?

Last updated: 2007-01-17 09:06:12 UTC

ME58 How does this maximum amount (identified in question C.15.1) affect the political participation of smaller or newly formed parties?

Last updated: 2007-01-17 09:06:12 UTC

ME59 Are televised debates between candidates or party representatives normally conducted?
a. Yes, in presidential elections

Comments: Presidential candidates address the public through televised debates or motivational speeches/messages. No political party or candidate is forced to participate in a debate.
Source: The Electoral Commission of Namibia
Last updated: 2007-02-07 13:06:39 UTC

ME60 What legal requirements, if any, regulate the participation of candidates or party representatives in media debates?

Last updated: 2007-01-17 09:06:12 UTC

ME62 What is the blackout period, if any, during which results of pre-election opinion polls may not be released to the public?
g. Not applicable

Source: The Electoral Commission of Namibia
Last updated: 2007-02-07 13:06:39 UTC

Parties and Candidates

PC01 What are the registration requirements for political parties running for national elections (Chamber 1)?
a. Signature requirement (specify requirement)
b. Deposit requirement (specify amount)
e. Minimum number of candidates
f. Other

Comments: a.The signature of its authorised representative with the postal and physical address of the party's office from which the representative will operate. b.N$ 5000 e.& f. The constitution of the party and the endorsement of 500 members who are registered voters
Source: Electoral Act 1992, 39(1)(b). LODGE, T 1999, Handbook of Namibian Electoral Laws and Regulations 1999, EISA.
Last updated: 2007-10-09 13:50:12 UTC

PC02 What are the registration requirements for political parties running for national elections (Chamber 2)?
g. Not applicable

Comments: g.The National Council is comprised of two members elected by each of the 13 Regional Councils.
Source: Constitution of Namibia 1992, Article 69(1).
Last updated: 2007-10-09 13:50:12 UTC

PC03 What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
a. Age
b. Citizenship

Comments: a. 21
Source: Constitution of the Republic of Namibia 1992, Article 17(2)
Last updated: 2007-10-09 13:50:12 UTC

PC04 What are the legal qualifications to become a candidate at legislative elections (Chamber 2)?
a. Age
b. Citizenship
d. Residence

Comments: a) 21 d) The candidate must be resident in a constituency in the region he/she represents.
Source: Constitution of the Republic of Namibia, art. 17(2)
Last updated: 2007-10-09 13:50:12 UTC

PC08 Can independent candidates compete in presidential or legislative elections?
b. In presidential elections

Comments: Independent presidential candidates must be be supported by the endorsements of 300 registered voters
Source: Electoral Act 1992, 54(c)(i)
Last updated: 2007-10-09 13:02:41 UTC

PC12 Do political parties receive direct/indirect public funding?
b. Direct
c. Indirect

Comments: Since 1997 Political parties represented in the National Assembly have received funds from the state on an annual basis, in proportion to the votes they garnered in the previous legislative election. Public funding of parties is restricted to 0.2% of the state budget of the previous year.
Source: EISA 2006, "Namibia: Party Funding", [www] http://www.eisa.org.za/WEP/namparties4.htm
Last updated: 2007-10-09 13:34:48 UTC

PC15 What is the basis of the public funding?
b. Based on result of previous election

Source: EISA 2006, "Namibia: Party Funding", [www] http://www.eisa.org.za/WEP/namparties4.htm
Last updated: 2007-10-09 13:34:48 UTC

PC17 Are political parties entitled to private funding?
a. Yes

Comments: Private funding is allowed for political parties provided that any such funds is disclosed to the public within such period after having received it and in such manner and subject to such conditions as may be prescribed. The law, however, does not in fact prescribe the conditions for disclosure.
Source: Electoral Act 24 1992, 46.
Last updated: 2007-10-09 13:34:48 UTC

Vote Counting

VC04 Following the close of the voting, where are the votes first sorted and counted?
c. At special counting centres

Comments: All ballot boxes are transported to the counting centre or venue in a constituency, where the Returning Officer has responsibility over all the ballot boxes for counting purposes.
Source: Electoral Act 24 1992, 85, 87.
Last updated: 2007-10-02 12:55:53 UTC

VC08 How are the initial/preliminary polling results transmitted and communicated to the different levels?
a. Physically transported
b. By telephone
c. By fax

Comments: b) Not used much c) Immediately after results have been announced at the counting centres in every constituency, the Returning Officers faxes the results immediately to the Electoral Commission.
Source: Electoral Act 24, 1992
Last updated: Tue, 18 Jun 2002 17:23:21 GMT

VC11 Under what conditions are ballots recounted?
d. By request
e. Court order

Comments: d. Candidates or counting agents may requests recounts, but the returning officer may refuse the request if it seems unreasonable. e. Election petitions are heard by the High Court and petitions must be submitted within 30 days of the announcement of the result disputed. The decision of the Court must be rendered with 60 days of the registration of the petition. Appeals may be lodged with the Supreme Court.
Source: Electoral Act 24 1992, 87(6), 109, 110(1), 116,(3).
Last updated: 2007-10-09 13:53:38 UTC

VC16 If preliminary results are announced, how long after the close of polls is this done?
a. hours: X

Last updated: 2007-10-02 12:55:53 UTC

Voter Education

VE01 Who conducts voter education and information campaigns at the national elections (informing where, when and how to register and vote)?
a. National Electoral Management Body
d. National Government
g. NGOs/ Civic Organizations
h. Political parties/ candidates
i. Media
k. Other

Comments: Although not tasked by law with voter education the Independent Electoral Commission has treated its mandate to register voters to include civic and voter education using mass media and voter educators. It has mobilised CSO expertise through the Elections Support Consortium. The Namibian Non-Governmental Organisations Forum also plays a key role.
Source: ECN UNDATED "About the Electoral Commission of Namibia", [www] http://www.ecn.gov.na/About%20the%20ECN.htm EISA Electoral Observer Mission: Presidential and National Assembly Elections 15-16 November 2004 Report, 16-17, [www] http://www.eisa.org.za/PDF/namomr04.pdf
Last updated: 2007-10-09 12:38:50 UTC

VE02 At the national level, how often are voter education programs conducted?
a. Continuously

Comments: Although not tasked by law with voter education the Independent Electoral Commission has treated its mandate to register voters to include civic and voter education using mass media and voter educators. It has mobilised CSO expertise through the Elections Support Consortium. The Namibian Non-Governmental Organisations Forum also plays a key role.
Source: EISA Electoral Observer Mission: Presidential and National Assembly Elections 15-16 November 2004 Report, 16-17, [www] http://www.eisa.org.za/PDF/namomr04.pdf
Last updated: 2007-10-09 12:38:50 UTC

VE03 Is there a national civic education campaign (rights and responsibilities of citizens)?
b. Yes, conducted by the National Electoral Management Body
j. Yes, conducted by the Media

Comments: Although not tasked by law with voter education the Electoral Commission of Namibia (ECN) has treated its mandate to register voters to include civic and voter education.
Source: ECN UNDATED "About the Electoral Commission of Namibia", [www] http://www.ecn.gov.na/About%20the%20ECN.htm EISA Electoral Observer Mission: Presidential and National Assembly Elections 15-16 November 2004 Report, 16-17, [www] http://www.eisa.org.za/PDF/namomr04.pdf
Last updated: 2007-10-09 12:38:50 UTC

Voting Operations

VO03 Where can electors vote?
b. At any polling station in the same voting district
c. At any polling station in the same country
i. By tendered ballot

Comments: b) They can vote at any polling station in a constituency for National Council elections. c) They can vote at any polling station in the country for Presidential and National Assembly elections.
Source: Electoral Act 1992, 80(1)-(3)
Last updated: 2007-10-09 12:55:54 UTC

VO04 Who can vote from outside the country?
b. Citizens residing outside the country
c. Citizens outside the country (including those on vacation)
d. Members of the armed forces
e. Students
f. Diplomatic staff

Comments: The Electoral Commission may establish voting stations outside Namibia for Presidential or National Assembly elections.
Source: Electoral Act 1992, 73(2A)
Last updated: 2007-10-09 12:55:54 UTC

VO05 If voting outside the country is permitted, at what places?
a. Embassies
b. Consulates
f. Other

Comments: The objective for the Commission is to provide polling stations at all Embassies around the world except where the cost and time frame cannot allow such effort to take place.
Source: Electoral Act 1992, 73(2A)
Last updated: 2007-10-09 12:55:54 UTC

VO10 Is there a maximum allowable voter capacity of a polling station for the national elections?
a. Yes, the maximum capacity is: 1000

Last updated: 2007-10-09 12:52:28 UTC

VO11 How do electors cast their votes?
a. By manually marking the ballot

Source: Electoral Act, 1992, 82(10)(b).
Last updated: 2007-10-09 12:55:54 UTC

VO12 How many staff are assigned to each polling station?

Last updated: 2007-10-09 12:52:28 UTC

VO13 Approximately how many hours of training were provided to the presiding polling officer for the most recent national elections?
a. hours: 8

Last updated: 2007-10-09 12:52:28 UTC

VO14 Approximately how many hours of training were provided to the other polling officials for the most recent national elections?
a. hours: 3

Last updated: 2007-10-09 12:52:28 UTC

Voter Registration

VR01 What is the legal voting age in the national elections?
c. 18

Comments: 18 years
Source: Constitution of Namibia 1992, Article 17 (2) Electoral Act 24 1992, 16(3)
Last updated: 2007-10-09 12:49:38 UTC

VR02 Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
a. Citizenship
c. Citizenship of Parents

Comments: Both parents need to be Namibian citizens in order to vote. By birth, marriage, naturalization or decent.
Source: Constitution of Namibia 1992,Article 4
Last updated: 2007-10-09 12:49:38 UTC

VR04 Which is the authority responsible for the registration of voters for national elections?
d. Election Management Body (specify)

Source: Electoral Act 24 1992, 4(2)(a).
Last updated: 2007-10-09 12:48:54 UTC

VR08 Is it compulsory to be on the voters register?
b. No

Comments: Registration voluntary and continuous.
Source: Electoral Act 24 1992, 28.
Last updated: 2007-10-09 12:49:38 UTC

VR09 Approximately what percentage (on the basis of cost) of registration supplies and equipment are obtained or produced within the country?
a. Percentage: 100%

Last updated: 2007-10-02 10:30:19 UTC

May 20, 2008 08:19 AM