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Boundary Delimitation
BD001
Delimitation of constituencies
Question: Are constituencies delimited for election purposes?
Answer:
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 of Namibia, art. 104
https://aceproject.org/ero-en/misc/namibia-electoral-act-no.-5-of-2014/view (2014).
Verified: 2012/02/25
BD003
Criteria for drawing boundaries
Question: On what criteria are the boundaries drawn?
Answer(s):
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, art 22, of section 5:
https://aceproject.org/ero-en/misc/namibia-electoral-act-no.-5-of-2014/view (2014).
Verified: 2014/11/27
BD005
Body responsible for drawing boundaries
Question: The body responsible for drawing the boundaries is:
Answer(s):
c . Executive
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: Constitution of Namibia, art. 103, 104; Schedule 4.
Verified: 2012/02/25
Electoral Systems
ES001
Head of State
Question: How is the Head of State selected?
Answer(s):
a . Head of State is the Head of Government c . Directly elected in general elections (absolute majority with 2nd round if necessary)
Comments: The President is the Head of State and the Head of 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: Constitution of Namibia, art. 27-29
Verified: 2012/02/24
ES002
Head of Government
Question: How is the Head of Government selected?
Answer:
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 in the execution of the functions of Government.
Source: Constitution: Constitution of Namibia, art. 27-29 & 36
Verified: 2012/02/24
ES003
President
Question: Does the country have a president?
Answer:
a . Yes
Comments:
Source: Constitution: Constitution of Namibia, art. 27-34
Verified: 2012/02/24
ES004
Number of Chambers
Question: The national legislature consists of (one/two chambers):
Answer:
b . Two chambers
Comments: The legislative power of Namibia shall be vested in the National Assembly with the power to pass laws with the assent of the President as provided in the Constitution subject, where applicable, to the powers and functions of the National Council as set out in the Constitution.
Source: Constitution: Constitution of Namibia, art. 44-45 & 68
Verified: 2012/02/24
ES005
Electoral System (Chamber 1)
Question: What is the electoral system for Chamber 1 of the national legislature?
Answer(s):
g . List Proportional Representation
Comments: The election is based on party lists and in accordance with the principles of proportional representation...
Source: Constitution: Constitution of Namibia, art. 49
Verified: 2012/02/24
Legislative Framework
LF001
Status of Electoral Law
Question: What is the status of the electoral law governing national elections?
Answer(s):
a . Part of Constitution b . Separate legislation
Comments:
Source: Constitution: Constitution of Namibia: Electoral Law: Electoral Act.
Verified: 2012/02/24
LF003
Electoral Law covers
Question: The national electoral law covers:
Answer(s):
a . National elections b . Regional elections c . Local elections
Comments:
Source: Electoral Law: Electoral Act, art. 2
Verified: 2012/02/24
LF004
Compulsory/voluntary voting
Question: Is voting on the national level voluntary or compulsory?
Answer(s):
a . Voting is voluntary
Comments:
Source:
Verified: 2012/02/24
LF007
Electoral Disputes Agency(ies)
Question: What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s):
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 Law: Electoral Act, 19, 22-24, 109, 110(1), 116,(3).
Verified: 2012/02/24
Electoral Management
EM002
Responsibility of national EMB
Question: Does the national electoral body have the responsibility for elections at:
Answer(s):
a . National level b . Regional level c . Local level
Comments:
Source: Electoral Law: Electoral Act, art. 2 & 4(2)(d)
Verified: 2012/02/24
EM004
EMB budget determined by
Question: The budget of the national electoral management body is determined by:
Answer(s):
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 Law: Electoral Act, art. 128.
Verified: 2012/02/24
EM005
EMB expenditures controlled by
Question: The expenditures of the national electoral management body are controlled by:
Answer(s):
d . A national government department h . No information available
Comments:
Source:
Verified: 2012/06/25
EM006
Term of EMB members
Question: The term of the members of the national electoral management body is:
Answer:
b . For a specified number of years
Comments: Commissioners are appointed for 5 years, but may be be reappointed for further five year terms.
Source: Electoral Law: Electoral Act, art. 6
Verified: 2012/02/24
EM012
Electoral Management model
Question: What is the Electoral Management model?
Answer:
b . Independent
Comments:
Source: Electoral Law: Electoral Act, art. 3 - 12.
Verified: 2012/02/24
EM013
Number of EMB members
Question: The EMB is composed of:
Answer:
a . 1 - 10 members (specify)
Comments: 5 members
Source: Electoral Law: Electoral Act, art. 3-12.
Verified: 2012/02/24
EM014
Membership based on
Question: The EMB members/commissioners are selected on the basis of their:
Answer:
b . Expertise
Comments:
Source: Electoral Law: Electoral Act, art. 3-12.
Verified: 2012/02/24
EM015
Question: The EMB members/commissioners are selected by:
Answer(s):
f . Judiciary
Comments: The EMB members are selected by the Judicial Committee.
Source: Electoral Law: Electoral Act, art. 3-12.
Verified: 2012/02/24
Voter Education
VE001
Information campaigns performed by
Question: Who conducts information campaigns for national elections (informing where, when and how to register and/or vote)?
Answer(s):
a . National Electoral Management Body d . National Government g . NGOs/ Civic Organizations h . Political parties/ candidates i . Media k . Other
Comments: The ECN must supervise, direct, control and promote voter education in respect of elections. Anyone may apply to the ECN for accreditation as a voter educator and if rejected must be furnished with the reasons why; voter educators are subject to a code of conduct. Parties do not require accreditation to conduct voter education.
Source: Electoral Law: Electoral Act 24 1992, 4(2)(dA) & 47A-47C.
Verified: 2012/02/25
VE002
Frequency of voter education programs
Question: At the national level, how often are voter education programs conducted?
Answer:
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
Verified: 2012/02/25
VE003
National civic education
Question: Is there a national civic education campaign (rights and responsibilities of citizens)?
Answer(s):
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: 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
Verified: 2012/02/25
Voter Registration
VR001
Voting age
Question: What is the legal voting age in the national elections?
Answer:
c . 18
Comments:
Source: Constitution: Constitution of Namibia, art. 17 (2)
Electoral Law: Electoral Act, art. 16(3)
Verified: 2012/02/25
VR002
Other voting requirements
Question: Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
Answer(s):
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: Constitution of Namibia, art. 4
Verified: 2012/02/25
VR004
Authority responsible for voter registration
Question: Which is the authority responsible for the registration of voters for national elections?
Answer:
d . Election Management Body (specify)
Comments:
Source: Electoral Law: Electoral Act, art. 4(2)(a).
Verified: 2012/02/25
VR008
Is it compulsory to be on the voters register?
Question: Is it compulsory to be on the voters register?
Answer:
b . No
Comments: Registration voluntary and continuous.
Source: Electoral Law: ElElectoral Act, art. 28.
Verified: 2012/06/25
Parties and Candidates
PC001
Registration requirements for parties (Chamber 1)
Question: What are the registration requirements for political parties running for national elections (Chamber 1)?
Answer(s):
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 Law: Electoral Act,art. 39(1)(b).
LODGE, T 1999, Handbook of Namibian Electoral Laws and Regulations 1999, EISA.
Verified: 2012/02/25
PC002
Registration requirements for parties (Chamber 2)
Question: What are the registration requirements for political parties running for national elections (Chamber 2)?
Answer(s):
g . No information available
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).
Verified: 2007/10/09
PC003
Registration requirements for candidates (Chamber 1)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
Answer(s):
a . Age b . Citizenship
Comments: a. 21
Source: Constitution: Constitution of Namibia, art. 17(2)
Verified: 2012/02/25
PC004
Registration requirements for candidates (Chamber 2)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 2)?
Answer(s):
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)
Verified: 2007/10/09
PC008
Independent candidates
Question: Can independent candidates compete in presidential or legislative elections?
Answer(s):
b . In presidential elections
Comments: Independent presidential candidates must be be supported by the endorsements of 300 registered voters
Source: Electoral Law: Electoral Act, art. 54(c)(i)
Verified: 2012/02/25
PC012
Public funding of parties
Question: Do political parties receive direct/indirect public funding?
Answer(s):
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
Verified: 2012/02/25
PC015
Question: What is the basis of the public funding?
Answer(s):
b . Based on result of previous election
Comments: All political parties represented in the National Assembly of Namibia are allocated public funding.
Source: NURU: Promoting Transparency and Accountability of Political Finance in the SADC Region, 25. (2011)
Verified: 2012/02/25
PC017
Question: Are political parties entitled to private funding?
Answer:
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 Law: Electoral Act, art. 46.
Verified: 2012/02/25
Vote Counting
VC004
Votes are sorted/counted at
Question: Following the close of the voting, where are the votes first sorted and counted?
Answer:
c . 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 Law: Electoral Act, art. 85 & 87.
Verified: 2012/02/25
VC008
Question: How are the initial/preliminary polling results transmitted and communicated to the different levels?
Answer(s):
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
Verified: 2009/11/04
VC011
When are ballots recounted?
Question: Under what conditions are ballots recounted?
Answer(s):
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 Law: Electoral Act, art. 87(6), 109, 110(1) & 116(3).
Verified: 2012/02/25
Media and Elections
ME037
Criteria for allocating free broadcast time
Question: What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
Answer(s):
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
Verified: 2012/02/25
ME059
Television debates
Question: Are televised debates between candidates or party representatives normally conducted?
Answer(s):
d . No information available
Comments:
Source:
Verified: 2012/02/25
ME062
Blackout period for release of opinion poll results.
Question: What is the blackout period, if any, during which results of pre-election opinion polls may not be released to the public?
Answer:
g . No information available
Comments:
Source:
Verified: 2012/02/25
Direct Democracy
DD002
Direct Democracy Provisions (National Level)
Question: Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer:
a . Yes
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: Constitution: Constitution of the Republic of Namibia, Ch. 19, Art 63 & Art 132, Sec 3 (a).
Direct Democracy: The International IDEA Handbook (2008) (http://www.idea.int/publications/direct_democracy/index.cfm
Verified: 2012/06/12
DD003
Mandatory referendums (national level)
Question: Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:
b . No
Comments:
Source: Direct Democracy: The International IDEA Handbook (2008) (http://www.idea.int/publications/direct_democracy/index.cfm
Verified: 2012/06/12
DD004
Optional referendums (national level)
Question: Are there any Legal Provisions for Optional Referendums at the national level?
Answer:
a . Yes
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: Constitution: Constitution of the Republic of Namibia, Ch. 19, Art 63 & Art 132, Sec 3 (a).
Direct Democracy: The International IDEA Handbook (2008) (http://www.idea.int/publications/direct_democracy/index.cfm
Verified: 2012/06/12
DD005
Citizens' Initiatives (national level)
Question: Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:
b . No
Comments:
Source: Direct Democracy: The International IDEA Handbook (2008) (http://www.idea.int/publications/direct_democracy/index.cfm
Verified: 2012/06/12
DD006
Agenda Initiatives (national level)
Question: Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:
b . No
Comments:
Source: Direct Democracy: The International IDEA Handbook (2008) (http://www.idea.int/publications/direct_democracy/index.cfm
Verified: 2012/06/12
DD007
Question: Are there any Legal Provisions for Recalls at national level?
Answer:
b . No
Comments:
Source: Direct Democracy: The International IDEA Handbook (2008) (http://www.idea.int/publications/direct_democracy/index.cfm
Verified: 2012/06/12
DD008
Question: 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.
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2006/11/16
DD009
Question: 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.
Answer(s):
b . Specific laws/legislation
Comments:
Source: The 1992 Constitution; The 1992 Electoral Act (Act No. 24 of 1992) with amendments
Verified: 2006/11/16
DD010
Question: 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.
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2006/10/17
DD106
Question: 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?
Answer(s):
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
Verified: 2006/10/17
DD011
Question: 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.
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2006/10/17
DD012
Question: 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.
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2006/10/17
DD015
Question: Who is responsible for managing the administration of direct democracy mechanisms at the national level?
Answer(s):
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
Verified: 2006/10/17
DD016
Question: Does this agency/department also manage the administration of national elections?
Answer:
a . Yes
Comments:
Source:
Verified: 2006/10/17
DD017
Question: Are mandatory referendums currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
c . No
Comments: Namibia is a unitary state.
Source: The Constitution of the Republic of Namibia
Verified: 2006/10/17
DD018
Question: Are optional referendums currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
c . No
Comments: Namibia is a unitary state.
Source: The Constitution of the Republic of Namibia
Verified: 2006/10/17
DD019
Question: Are citizens' initiatives currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
c . No
Comments: Namibia is a unitary state.
Source: The Constitution of the Republic of Namibia
Verified: 2006/10/17
DD020
Question: Are agenda initiatives currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
c . No
Comments: Namibia is a unitary state.
Source: The Constitution of the Republic of Namibia
Verified: 2006/10/17
DD021
Question: Are recalls currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
c . No
Comments: Namibia is a unitary state.
Source: The Constitution of the Republic of Namibia
Verified: 2006/10/17
DD022
Question: Are mandatory referendums currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
c . No
Comments:
Source: The Constitution of the Republic of Namibia
Verified: 2006/10/17
DD023
Question: Are optional referendums currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
c . No
Comments:
Source: The Constitution of the Republic of Namibia
Verified: 2006/10/17
DD024
Question: Are citizens' initiatives currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
c . No
Comments:
Source: The Constitution of the Republic of Namibia
Verified: 2006/10/17
DD025
Question: Are agenda initiatives currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
c . No
Comments:
Source: The Constitution of the Republic of Namibia
Verified: 2006/10/17
DD026
Question: Are recalls currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
c . No
Comments:
Source: The Constitution of the Republic of Namibia
Verified: 2006/10/17
DD027
Question: What are the issues, if any, in relation to which referendums are mandatory at the national level?
Answer(s):
l . Not applicable
Comments:
Source:
Verified: 2006/11/16
DD028
Question: What are the issues, if any, in relation to which referendums are optional at the national level?
Answer(s):
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"
Verified: 2006/11/16
DD029
Question: Which issues, if any, are excluded from being the subject of referendums at the national level?
Answer(s):
k . None
Comments:
Source: The Constitution of the Republic of Namibia
Verified: 2006/11/16
DD030
Question: Which issues, if any, maybe the subject of sub-national referendums regulated at the national level?
Answer(s):
e . None
Comments:
Source:
Verified: 2006/10/17
DD031
Question: Who can initiate a referendum at the national level?
Answer(s):
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"
Verified: 2006/11/16
DD032
Question: Who is responsible for drafting the mandatory referendum question?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2006/11/16
DD033
Question: Who is responsible for drafting the optional referendum question?
Answer(s):
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"
Verified: 2006/11/16
DD034
Question: Which of the following, if any, are required to be included in the mandatory referendum question?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2006/11/16
DD036
Question: Which institution(s) decides on the final form of the ballot text for mandatory referendums?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2006/11/16
DD040
Question: What are the requirements for mandatory referendums to pass?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2006/11/16
DD041
Question: What are the requirements for optional referendums to pass?
Answer(s):
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
Verified: 2006/11/16
DD043
Question: When is the outcome of a mandatory referendum binding?
Answer:
d . Not applicable
Comments:
Source:
Verified: 2006/11/16
DD044
Question: When is the outcome of an optional referendum binding?
Answer:
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
Verified: 2006/11/16
DD045
Question: Which types of issues can be proposed by citizens using the citizens' initiative process at the national level?
Answer(s):
d . Not applicable
Comments:
Source:
Verified: 2006/10/17
DD046
Question: Which types of issues can be proposed by citizens using the agenda initiative process at the national level?
Answer(s):
d . Not applicable
Comments:
Source:
Verified: 2006/10/17
DD047
Question: Which issues, if any, are excluded from being the subject of a citizens' initiative at the national level?
Answer(s):
l . Not applicable
Comments:
Source:
Verified: 2006/10/17
DD048
Question: Which issues, if any, are excluded from being the subject of an agenda initiative at the national level?
Answer(s):
l . Not applicable
Comments:
Source:
Verified: 2006/10/17
DD049
Question: Who may propose the registration of a citizens' initiative? Please specify in the "Comments" section below.
Answer(s):
d . Not applicable
Comments:
Source:
Verified: 2006/10/17
DD050
Question: Who may propose the registration of an agenda initiative? Please specify in the "Comments" section below.
Answer(s):
d . Not applicable
Comments:
Source:
Verified: 2006/10/17
DD051
Question: What material is necessary to accompany an application for registration?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2006/10/18
DD052
Question: Who determines the title of a citizens' initiative?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2006/10/17
DD053
Question: Who determines the title of an agenda initiative?
Answer:
f . Not applicable
Comments:
Source:
Verified: 2006/10/17
DD054
Question: Which, if any, of the following disqualify a proposed title of an initiative?
Answer(s):
h . Not applicable
Comments:
Source:
Verified: 2006/10/17
DD055
Question: Which services are provided by the agency/department responsible for the administration of direct democracy mechanisms before an initiative can be published?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2006/10/17
DD056
Question: Under what circumstances is an initiative checked for constitutionality or legality?
Answer(s):
d . Not applicable
Comments:
Source:
Verified: 2006/10/17
DD058
Question: If a check of the constitutionality or legality of an initiative takes place, when does this happen?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2006/10/17
DD059
Question: Which institutions, if any, are given an opportunity to propose an alternative to proposals contained in a citizens' initiative?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2006/10/17
DD060
Question: At which stage in the initiative process, if at all, can alternative proposals be made?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2006/10/17
DD061
Question: What happens when there is a valid alternative proposal?
Answer:
e . Not applicable
Comments:
Source:
Verified: 2006/11/16
DD068
Question: If a recall qualifies for the ballot, when is it put to the vote?
Answer:
d . Not applicable
Comments:
Source:
Verified: 2006/10/17
DD069
Question: When does the election to replace an individual who has been recalled take place?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2006/10/17
DD071
Question: Can an individual who is the subject of a recall stand on the ballot for his/her own replacement?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2006/10/17
DD129
Question: Are the results of referenda always binding, never binding or sometimes binding?
Answer:
d . No information available
Comments:
Source: Direct Democracy: The International IDEA Handbook (2008) (http://www.idea.int/publications/direct_democracy/index.cfm
Verified: 2012/06/12
DD130
Question: Are the types of issues to vote upon in a referendum constitutional changes only, other issues only or both constitutional and other issues?
Answer:
c . Both constitutional and other issues
Comments:
Source: Direct Democracy: The International IDEA Handbook (2008) (http://www.idea.int/publications/direct_democracy/index.cfm
Verified: 2012/06/12
DD131
Question: Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:
b . No
Comments:
Source: Direct Democracy: The International IDEA Handbook (2008) (http://www.idea.int/publications/direct_democracy/index.cfm
Verified: 2012/06/12
Voting Operations
VO003
Electors vote at
Question: Where can electors vote?
Answer(s):
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 Law: Electoral Act,art. 80(1)-(3)
Verified: 2012/02/25
VO004
Voting outside the country is permitted for
Question: Who can vote from outside the country?
Answer(s):
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 Law: Electoral Act,art. 73(2A)
Verified: 2012/02/25
VO005
Locations for voting outside of the country
Question: If voting outside the country is permitted, at what places?
Answer(s):
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 Law: Electoral Act,art. 73(2A)
Verified: 2012/02/25
VO011
Voting method
Question: How do electors cast their votes?
Answer(s):
a . Manually marking of ballots
Comments:
Source: Electoral Law: Electoral Act,art. 82(10)(b).
Verified: 2012/02/25
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