IPU PARLINE database: NAMIBIA (National Assembly), Oversight

Parliament name

Parliament

Structure of parliament

Bicameral

Chamber name

National Assembly

Related chamber (for bicameral parliaments)

National Council

Type of political regime

parliamentary

Notes

The President of the Republic is the Head of State and Head of the executive (Article 27 of the Constitution).

Head of the executive

President of the Republic

Notes

The executive power is vested in the President and the Cabinet, with the latter consisting of the Prime Minister and such other ministers as the President may appoint from the members of the National Assembly for the purpose of administering and executing the functions of government. The Prime Minister is the leader of government business in The National Assembly, co-ordinates the work of the cabinet and advises and assists the President in the execution of government functions.

Method for appointing the executive

The President is elected directly by universal suffrage (Article 28 of the Constitution). He appoints the Prime Minister and other ministers and deputy ministers.

Term of office of the executive and coincidence with the term of the legislature

Every National Assembly continues for a maximum period of five years. It coincides with the President's term of office of five years, unless he or she dies or resigns before the expiry of the said term or is removed from office. In the event of the dissolution of the National Assembly due to the inability to govern, the President's term of office also expires. A person may hold the office of President for not more than two terms.

Incompatibility of the functions of member of the executive and member of Parliament

No

Members of government are appointed from the legislature.

Dissolution of Parliament

Yes

Circumstances

The National Assembly may be dissolved by the President, on the advice of the Cabinet, if the government is unable to govern effectively (Article 57 of the Constitution).

Modalities

Should The National Assembly be dissolved, a national election for a new Assembly and a new President must take place within a period of 90 days from the date of dissolution. Notwithstanding these provisions, (i) every person who at the date of its dissolution was a parliamentarian remains so and is competent to perform his/her functions until the day immediately preceding the first polling day; and (ii) the President has the power to summon the National Assembly for the conduct of business during the period following the dissolution, up to and including the day immediately preceding the first polling day, in the same manner as if the dissolution had not occurred. Over the last 11 years (1990-2000), no dissolution has occurred.

Accountability of Government to Parliament

Yes

All ministers are accountable individually for the administration of their own ministries and collectively for the work of the cabinet, both to the President and to the National Assembly (Article 41 of the Constitution).

Modalities of oversight

Oral and written questions of parliamentarians

The government's accountability to the National Assembly is brought into play by questions put to ministers.

Government reports to Parliament

The government's accountability to the National Assembly can be brought into play by the National Assembly receiving reports on the activities of the executive (Article 63, paragraph f of the Constitution). The President and cabinet each year attend sessions of the National Assembly, during the consideration of the official budget. During such sessions, the President addresses the National Assembly on the state of the nation and on the future policies of the government, reports on the policies of the previous year and is available to respond to questions.

Measures

Vote of confidence on Government programs and/or legislative proposals

The government's accountability to the National Assembly can be brought into play in the legislative process by parliamentary standing committees.

Motions of censure and votes of no confidence (sub-report)

Circumstances

A motion of censure may be tabled in the following cases: (i) disapproval of actions taken by the government; (ii) a breach of the Constitution or laws; or (iii) a call for action by the government.

Modalites

A simple majority of all its members is needed to pass a motion of confidence in the National Assembly.

Consequences

The President is obliged to terminate the appointment of any member of the cabinet if the Assembly resolves that it has no confidence in that member. Between 1990 and 2000, two motions of censure were tabled by opposition parties, but neither was accepted.

Dismissal and/or impeachment of Government and other public officials (sub-report)

Circumstances and persons concerned

No person holding the office of President or performing the functions of President may be (i) party to any civil proceedings save where such proceedings concern an act done in his or her official capacity as President; or (ii) charged with any criminal offence or be amenable to the criminal jurisdiction of any court in respect of any act allegedly performed, or any omission to perform any act, during his or her tenure of office as President (Article 31 of the Constitution). However, a President may be removed from office if the National Assembly adopts a resolution impeaching the President (Article 29, paragraph 2 of the Constitution).

Modalites and procedure

The President may be removed from office if a two-thirds majority of all the members of the National Assembly, confirmed by a two-thirds majority of all the members of the National Council, adopts a resolution impeaching the President on the grounds that he or she has been guilty of a violation of the Constitution or guilty of a serious violation of laws or otherwise guilty of such gross misconduct or ineptitude as to render him or her unfit to hold with dignity and honour the office of President.

Consequences

If a President is removed from office, the vacant office is filled for the unexpired period, (i) if the vacancy occurs not more than one year before new elections are required to be held, by the Prime Minister, the Deputy Prime Minister, or a person appointed by the cabinet; or (ii) if the vacancy occurs more than one year before presidential elections, a new election is held within a period of 90 days from the date on which the vacancy occurred. After a President has vacated his or her office, (i) no court may entertain any action against him or her in any civil proceedings in respect of any act done in his or her official capacity as President; and (ii) a civil or criminal court only has jurisdiction to entertain proceedings against him or her, in respect of acts of commission or omission alleged to have been perpetrated in his or her personal capacity whilst holding office as President, if a resolution is adopted by the National Assembly resolving that any such proceedings are justified in the public interest notwithstanding any damage such proceedings might cause to the dignity of the office of President.

Have these procedures been applied?

Oversight over the actions of the Government administration

Yes

All ministers are accountable individually for the administration of their own ministries and collectively for the work of the cabinet, both to the President and to the National Assembly (Article 41 of the Constitution).

Means and modalities of oversight

Hearings in Committees

Any committee of the National Assembly has the power to subpoena persons to appear before it to give evidence on oath and to produce any documents required by it. The National Assembly may from time to time also require any senior official to appear before any of the committees to account for and explain his or her acts and programmes.

Committees of inquiry and missions to Government departments

The National Assembly exercises oversight over the actions of the administration through committees of inquiry.

Oral and written questions of parliamentarians

Parliamentarians can put oral and written questions to the government. The deadline for replies is four days for written questions, while oral questions have to be answered immediately. Every Thursday, time is set aside for answering questions, notice for which can be given every working day. Questions cannot give rise to a debate in the National Assembly, and only answers to questions are given.

Role of Parliament in the appointment of senior Government officials

Not applicable

Activity reports of the Government administration and of public services or establishments

The National Assembly exercises oversight over the actions of the administration in receiving annual reports on the activities of the executive, including on quasi-state enterprises.

Representation of Parliament in governing bodies of the Government administration

Not applicable

Existence of an ombudsman

Yes

Method for appointing the executive

The Ombudsman is appointed and may be removed from office by the President on the recommendation of the Judicial Service Commission (Article 90 of the Constitution). He or she may only be removed from office on the grounds of mental incapacity or for gross misconduct.

Relationship to Parliament

The Ombudsman has the powers and functions (i) to investigate complaints concerning alleged or apparent instances of violations of fundamental rights and freedoms or abuse of power; (ii) to investigate complaints concerning the functioning of administrative organs of the state; (iii) to investigate complaints concerning the overuse of natural resources or the irrational exploitation of non-renewable resources; (iv) to investigate complaints concerning practices and actions that violate rights and freedoms; (v) to take appropriate action for the remedying, correction and reversal of certain actions; (vi) to investigate all instances of alleged or suspected corruption and the misappropriation of public monies; and (vii) to report annually to the National Assembly on the exercise of his or her powers and functions.

Consultation of Parliament in the preparation of the national budget

No

The cabinet formulates, explains and assesses for the National Assembly the budget and reports thereon (Article 40, paragraph c of the Constitution).

Modalities of oversight

Examination of the budget / finance act by Parliament

The National Assembly has the power and function to approve budgets for the effective government and administration of the country (Article 63, paragraph 2 of the Constitution).

Reports on the budget / finance act by Committees

The National Assembly exercises budgetary oversight through reports from the standing committee on public accounts and economics.

Fields overseen

Defence budget

The National Assembly exercises oversight over all public funds.

Budget of special departments

Not applicable

Role of Parliament in national development plans

The cabinet formulates, explains and assesses for the National Assembly its economic development plans and reports thereon (Article 40, paragraph c of the Constitution).

Parliament's deadline for the examination and adoption of the budget / finance act

There is no legal deadline for examining the finance bill in the National Assembly, but it should be adopted before the starting of the new fiscal year by 31 March.

Consequences of failure by Parliament to adopt the budget / finance act

The National Assembly has never failed to adopt the budget, but it would have to be referred back to the ministry of finance and the cabinet.

Budgetary autonomy of Parliament

Yes

The budget of the National Assembly is voted on in the same way as a vote for a ministry budget.

Evaluation of Government spending

Parliament approves Government expenditures annually

No

Not applicable

Parliamentary oversight of public companies

No

The National Assembly has no special tools for overseeing public companies, but this control is exercised by the Auditor General's office.

Modalities of oversight

Body for auditing the Government's books and method for appointing

The Auditor General is appointed by the President, on the recommendation of the public service commission and with the approval of the National Assembly (Article 127 of the Constitution). He or she holds office for five years unless removed earlier or unless he or she resigns. The Auditor General is eligible for reappointment. He or she may not be removed from office unless a two-thirds majority of all the members of the National Assembly vote for such a removal on the ground of mental incapacity or gross misconduct.

Reports of the public auditor's office

The Auditor General audits the state revenue fund and performs all other functions assigned to him or her by the government or by an act of the National Assembly, and reports annually to the National Assembly thereon.

Specialised committee

Not applicable

Foreign Relations Committee (sub-report)

Functions of the Committee

The National Assembly exercises oversight over foreign policy through the standing committee on foreign affairs, defence and security.

Powers of the Committee

The committee has the power to (i) receive and consider policy documents and statements from the offices, ministries and agencies within its purview; (ii) receive and consider legislative proposals; (iii) make recommendations regarding proposed legislation to the National Assembly; (iv) secure attendance from ministries, and officials of offices and ministries and statutory agencies in order to receive reports on their performance; (v) receive submissions from citizens regarding the operations of the various offices and ministries and agencies; (vi) organise meetings between citizens, groups and government representatives to facilitate an exchange of views; and (vii) make recommendations to the government for the enhancement of their policies, functions and administrative operations.

Composition of the Committee

The composition of the committee reflects the numerical strength of each party in the National Assembly.

Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad

Not applicable

Plenary debates on foreign policy issues

The National Assembly exercises oversight over foreign policy by organising debates on foreign policy issues.

Involvement of Parliament

Participation of Parliament in inter-governmental meetings

Parliamentarians may participate in intergovernmental meetings at the request of the government.

Modalities and procedures for ratifying international treaties and agreements (sub-report)

The President negotiates and signs international agreements, and may delegate such power. The cabinet assists the President in determining what international agreements are to be concluded, acceded or succeeded to, and reports to the National Assembly thereon. The National Assembly agrees to all these ratifications of or accessions to international agreements (Article 63, paragraph 2, section d of the Constitution). The National Assembly also considers and decides whether or not to succeed to such international agreements as may have been entered into prior to independence by administrations in which the majority of the people have historically not enjoyed democratic representation and participation.

Other mechanisms for participation in foreign policy by Parliament

In addition to the above, parliamentarians can ask questions and table motions on foreign policy issues.

National Defence Committee (sub-report)

Functions of the Committee

The National Assembly exercises oversight over national defence policy through the standing committee on foreign affairs, defence and security.

Powers of the Committee

The committee has the power to (i) receive and consider policy documents and statements from the offices, ministries and agencies within its purview; (ii) receive and consider legislative proposals; (iii) make recommendations regarding proposed legislation to the National Assembly; (iv) secure attendance from ministries, and officials of offices and statutory agencies in order to receive reports on their performance; (v) receive submissions from citizens regarding the operations of the various offices and ministries and agencies; (vi) organise meetings between citizens, groups and government representatives to facilitate an exchange of views; and (vii) make recommendations to the government for the enhancement of their policies, functions and administrative operations.

Composition of the Committee

The composition of the committee reflects the numerical strength of each party in the National Assembly.

Parliamentary oversight of public arms manufacturing companies

Not applicable

Circumstances and involvement

Modalities and procedures in case of war, an armed attack or a state of emergency

The President declares martial law or, if it is necessary for the defence of the nation, declares that a "state of national defence" exists (Article 32, paragraph f of the Constitution). Martial law may be proclaimed only when a "state of national defence" involving another country exists or when civil war prevails, provided that any proclamation of martial law ceases to be valid if it is not approved within a reasonable time by a resolution passed by a two-thirds majority of all members of the National Assembly.

Role of Parliament in sending troops abroad

Defence forces are established by an act of the National Assembly that prescribes composition, powers, duties and procedures in order to defend the territory and national interests (Article 118 of the Constitution). However, it is the President who is the commander-in-chief of the defence forces and who has all the powers and exercises all the functions necessary for that purpose. Oversight over decisions when troops are sent abroad can nevertheless be exercised through the standing committee on foreign affairs, defence and security.

Other mechanisms for participation in national defence policy by Parliament

No other means and procedures in addition to the above.

Circumstances

At a time of national disaster or during a "state of national defence" or public emergency threatening the life of the nation or the constitutional order, the President may by proclamation declare that a state of emergency exists in the country or any part thereof (Article 26 of the Constitution). Such a declaration, if not sooner revoked, ceases to have effect (i) in the case of a declaration made when the Assembly is sitting or has been summoned to meet, at the expiration of a period of seven days after publication of the declaration; or (ii) in any other case, at the expiration of a period of 30 days after publication of the declaration, unless before the expiration of that period, it is approved by a resolution passed by the Assembly by a two-thirds majority of all its members.

A declaration approved by a resolution of the Assembly continues to be in force until the expiration of a period of six months after being so approved or until such earlier date as may be specified in the resolution, provided that the Assembly may, by resolution by a two-thirds majority of all its members, extend its approval of the declaration for periods of not more than six months at a time. The Assembly may by resolution at any time revoke a declaration approved by it.

Can parliament take the initiative to declare a state of emergency

No

Consequences of a state of emergency for Parliament

During a state of emergency or when a "state of national defence" prevails, the President has the power by proclamation to make such regulations as in his or her opinion are necessary for the protection of national security, public safety and the maintenance of law and order. These powers include the power to suspend the operation of any rule of the common law or statute or any fundamental right or freedom, for such period and subject to such conditions as are reasonably justifiable for the purpose of dealing with the situation. Where any regulation provides for detention without trial, provision is also made for an advisory board to be appointed by the President on the recommendation of the Judicial Service Commission, and consisting of no more than five persons, of whom no fewer than three are Judges of the Supreme Court or the High Court or qualified to be such.

Any regulations made by the President pursuant to these provisions cease to have legal force if they have not been approved by a resolution of the Assembly within 14 days from the date when the Assembly first sits in session after the date of the commencement of any such regulations. The President has the power to proclaim or terminate martial law. The declaration of a state of emergency does not affect the existence and functioning of the National Assembly.

Modalities of oversight

Body ruling on the constitutionality of laws

Constitutional Council

The Supreme Court consists of a Chief Justice and such additional Judges as the President, acting on the recommendation of the Judicial Service Commission, may determine (Article 79 of the Constitution). The three Judges constitute a quorum of the Supreme Court when it hears appeals or deals with matters referred to it by the Attorney General, but provision may be made by an act of the National Assembly for a lesser quorum in circumstances in which a Judge seized of an appeal dies or becomes unable to act at any time prior to judgment.

Means and procedures

The Supreme Court is presided over by the Chief Justice and hears and adjudicates upon appeals emanating from the High Court, including appeals that involve the interpretation, implementation and upholding of the Constitution and the fundamental rights and freedoms guaranteed therein. The Supreme Court also deals with matters referred to it for decision by the Attorney General, and with such other matters as may be authorised by an act of the National Assembly.

Evaluation of laws

No

Not applicable

Measures

	INTER-PARLIAMENTARY UNION
	>>> VERSION FRANÇAISE
	HOME -> PARLINE -> NAMIBIA (National Assembly)