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Constitution of Namibia
The Constitution of Namibia is the supreme law of the Republic of Namibia. Adopted on 9 February 1990, a month prior to Namibia's independence from apartheid South Africa. The constitution was drafted by the Constituent Assembly, which had been chosen through the UN certified 1989 Namibian parliamentary election.
The 1990 Constituent Assembly consisted of seven parties: SWAPO (41 members), the DTA (21), the UDF (4), the ACN (3), and one member each from the NPF, FCN, and NNF. While SWAPO had a clear majority, it did not achieve the two-thirds majority required for adopt the Constitutional Principles the party had proposed in 1982.
Instead, the Assembly agreed to use the 1982 Constitutional Principles as a framework for the new constitution during its first meeting on 21 November 1989. Within just three months, the parties successfully drafted the Constitution that reflected a broad consensus of views and ideas. The final debate on the draft was held on 6 February 1990, and the Constitution was formally adopted on 9 February 1990.
"Whereas recognition of the inherent dignity and the equal and inalienable rights of all members of the human family is indispensable for freedom, justice and peace; Whereas the said rights include the right of the individual to life, liberty and the pursuit of happiness, regardless of race, colour, ethnic origin, sex, religion, creed or social or economic status; Whereas the said rights are most effectively maintained and protected in a democratic society, where the government is responsible to freely elected representatives of the people, operating under a sovereign constitution and a free and independent judiciary; Whereas these rights have for so long been denied to the people of Namibia by colonialism, racism and apartheid; Whereas we the people of Namibia - have finally emerged victorious in our struggle against colonialism, racism and apartheid; are determined to adopt a Constitution which expresses for ourselves and our children our resolve to cherish and to protect the gains of our long struggle; desire to promote amongst all of us the dignity of the individual and the unity and integrity of the Namibian nation among and in association with the nations of the world; will strive to achieve national reconciliation and to foster peace, unity and a common loyalty to a single state; committed to these principles, have resolved to constitute the Republic of Namibia as a sovereign, secular, democratic and unitary State securing to all our citizens justice, liberty, equality, and fraternity. Now therefore, we the people of Namibia accept and adopt this Constitution as the fundamental law of our Sovereign and Independent Republic."
The Constitution consists of 21 chapters totalling 148 articles.
Chapter I The Republic
Article 1 Establishment of the Republic of Namibia and Identification of its Territory
Article 2 National Symbols
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Constitution of Namibia
The Constitution of Namibia is the supreme law of the Republic of Namibia. Adopted on 9 February 1990, a month prior to Namibia's independence from apartheid South Africa. The constitution was drafted by the Constituent Assembly, which had been chosen through the UN certified 1989 Namibian parliamentary election.
The 1990 Constituent Assembly consisted of seven parties: SWAPO (41 members), the DTA (21), the UDF (4), the ACN (3), and one member each from the NPF, FCN, and NNF. While SWAPO had a clear majority, it did not achieve the two-thirds majority required for adopt the Constitutional Principles the party had proposed in 1982.
Instead, the Assembly agreed to use the 1982 Constitutional Principles as a framework for the new constitution during its first meeting on 21 November 1989. Within just three months, the parties successfully drafted the Constitution that reflected a broad consensus of views and ideas. The final debate on the draft was held on 6 February 1990, and the Constitution was formally adopted on 9 February 1990.
"Whereas recognition of the inherent dignity and the equal and inalienable rights of all members of the human family is indispensable for freedom, justice and peace; Whereas the said rights include the right of the individual to life, liberty and the pursuit of happiness, regardless of race, colour, ethnic origin, sex, religion, creed or social or economic status; Whereas the said rights are most effectively maintained and protected in a democratic society, where the government is responsible to freely elected representatives of the people, operating under a sovereign constitution and a free and independent judiciary; Whereas these rights have for so long been denied to the people of Namibia by colonialism, racism and apartheid; Whereas we the people of Namibia - have finally emerged victorious in our struggle against colonialism, racism and apartheid; are determined to adopt a Constitution which expresses for ourselves and our children our resolve to cherish and to protect the gains of our long struggle; desire to promote amongst all of us the dignity of the individual and the unity and integrity of the Namibian nation among and in association with the nations of the world; will strive to achieve national reconciliation and to foster peace, unity and a common loyalty to a single state; committed to these principles, have resolved to constitute the Republic of Namibia as a sovereign, secular, democratic and unitary State securing to all our citizens justice, liberty, equality, and fraternity. Now therefore, we the people of Namibia accept and adopt this Constitution as the fundamental law of our Sovereign and Independent Republic."
The Constitution consists of 21 chapters totalling 148 articles.
Chapter I The Republic
Article 1 Establishment of the Republic of Namibia and Identification of its Territory
Article 2 National Symbols