The Constitution

The Constitution promulgates a multiparty democracy with fundamental rights and freedoms, a mixed economy and states that foreign investment should be encouraged. It also follows the principle of a separation of powers, subject to checks and balances, whereby government is divided into three branches, the executive, the legislature and the judiciary.

Structure of Government

Executive 
 

The Executive is that branch of the government that sees to it that the laws passed by the National Assemblyand National Council are carried out. The Executive powers of Namibia vests with the President and the Cabinet. The President is therefore the head of State and government. He/she is elected by direct franchise in a national election every five years in which he/she must win more than 50% of the votes.
 

The Cabinet

The Cabinet consists of the President, the Prime Minister, Deputy Prime Minister and Ministers appointed by the President. Together, they implement the policies guided by the constitution and acts of Parliament. The Prime Minister is the Chief Advisor to the President and the overall coordinator of the Government Offices, Ministries and Agencies. Under him/her are Ministers and Deputy Ministers and their staff members who are running different Ministries. At present there are 20 Ministers responsible for Offices, Ministries and Agencies. Ministers must therefore supervise different activities in their respective government Ministries and explain these actions to the National Assembly as well as to the general public.

Regional and Local Authority Councils

Regional and Local Governments Article 102 of the Constitution provides that the Country be divided into regional and local units. In keeping with this constitutional requirements, thirteen (13) administrative regions and many other Local Authorities have been established in terms of both Regional Councils Act and
Local Authorities Acts of 1992.

A common feature in respect of Regional and Local Authority Councils is that they both have substantial fiscal powers and have to adhere to established procedures, systems and regulations in the day to day handling of financial matters. Taxes and levies may be collected in terms of Section 30 and 33 of the Local Authorities Act, 1992 and the Regional Councils Act, 1992 respectively. Each Region has several local governments elected by the Community to take care of the community matters. Cities and urban centers have their own municipal or town bodies that make ordinances to deal with their local issues and have the powers to enforce these ordinances.

Furthermore, all Regional and Local bodies have the power to legislate regarding their own affairs as long as their acts and conduct do not conflict with the overall guidelines in the Constitution. Their laws and acts are subject to judicial review.

Legislative

Namibia has a bicameral legislature consisting of the National Assembly and the National Council.

The National Assembly is the legislative power of the Republic of Namibia, with the power to pass laws with the assent of the President as provided by Chapter 7, article 44 of the Namibian Constitution.

There are 104 members in the National Assembly, as per the Namibian Constitution as amended Article 46 (1) (a) and (b).  The composition of the National Assembly shall be ninety-six (96) elected members (voting members) and eight (8) non-voting members, appointed by the President as per Article 32 (5) (c) of the Namibian Constitution.

Voting Members of the National Assembly are elected based on party lists (article 49) and every National Assembly Continue for a maximum period of five (5) years (article 50).

The National Council was formed in accordance with chapter eight of the Namibian Constitution, in February 1993, after the regional elections held in November 1992. The Council is made up of 2 representatives from each of the 13 Regional Councils, elected every six years. It reviews legislation proposed by the National Assembly and refers bills back or suggests amendments before they receive presidential assent and become law.

Judiciary 

The judiciary consists of the Supreme Court (headed by the Chief Justice), the High Court (headed by the Judge President) and the Lower Courts. The Judiciary is independent and subject only to the Constitution. Judges are appointed by the President on the recommendation of the Judicial Service Commission.