Namibia: Background to the development of electoral structures

Extracted from: Extracted from "Namibia" IN Compendium of Elections in Southern Africa (2002), edited by Tom Lodge, Denis Kadima and David Pottie, EISA, 237-239.

The last country in the region to go through the process of formal decolonisation, Namibia's political transition took place in the context of overall change in the region as a result of the end of the cold war. The Namibian process was a by-product of the Angolan-Cuban-South African agreement of 1988, in the course of which South Africa committed itself to granting independence to Namibia in exchange for the withdrawal of Cuban forces from Angola. The liberation war conducted by the South West Africa People's Organisation (SWAPO) since the mid-1960's thus came to a successful conclusion in 1990.

In 1989 an election was held before independence in terms of UN Security Council 435 for a five year parliament which would also serve as a constituent assembly. On November 1989 the constituent assembly met for the first time. All the political parties represented in the constituent assembly accepted the UN-supported constitutional principles of 1982 as the framework for the Namibian Constitution. These principles were devised by the Western Contact Group (France, USA, Germany, Britain and Canada). The main principles agreed upon were: Namibia would be a unitary sovereign and democratic state; there would be three branches of government - legislative, executive and judicial; there would be periodic and regular elections by secret vote; the Constitution would contain a declaration of fundamental human rights; criminal offences could not be created with retroactive effect; and the Constitution would be adopted by a minimum of two-thirds of the members of the Constituent Assembly.

The major work of the Assembly was performed by a Standing Committee comprising representatives of all political parties in the Assembly. The constitutional proposals as submitted by SWAPO were accepted as the working draft. The draft constitution was finally tabled on 25 January 1990, and was unanimously adopted on 9 February, 1990.

The final meeting of the Constituent Assembly took place on 20 March 1990 when Dr Sam Nujoma was elected as President, one day prior to independence day.

The Constitution comprises twenty-one chapters and one hundred and forty-eight articles. Pertaining to elections, it states that the Government is responsible to freely elected representatives of the people, operating under a sovereign Constitution and a free and independent judiciary. The commitment to national reconciliation and a unitary state is strongly emphasised. A particular feature of the Constitution is that part which deals with fundamental rights and freedoms. No amendment to the Constitution may diminish or detract from any of the proclaimed fundamental rights and freedoms.

The Constitution stipulates that the President is elected for five years by direct, universal and equal suffrage, according to procedures as established in an Electoral Act. The legislative body, the National Assembly, is to be elected according to the proportional electoral method, equally the local authorities. The National Council will consist of two members elected from and by each Regional Council. Regional Councillors will be elected in constituencies according to the winner-takes-all electoral method.

Except for the entrenched articles on fundamental rights and freedoms, all other articles in the constitution can be amended by a two-thirds majority in both houses of parliament. It guarantees full democratic freedoms, including regular multiparty elections. The constitution was amended in 1998 by SWAPO, having a two-thirds majority in both houses of parliament, to allow President Nujoma to run for a third term of office.

Despite the fact that it emerged from long and bitter conflict accompanied by atrocities committed against civilians, Namibia has pursued a peaceful and development-oriented course since independence, and relations between different political and ethnic groups in the population have been relatively smooth and trouble-free. In 1998 a secession movement headed by former DTA president M Muyongo, separating the Caprivi region from the rest of Namibia, caused severe tension in that area. More than 2 400 Caprivians had fled the country by early 1999, seeking political refugee status in neighbouring Botswana. In August 1999 50 armed insurgents attacked public buildings in the Caprivi capital, Katima Mulilo. The attackers were easily overwhelmed but in the subsequent state of emergency more than 300 people were detained, mainly in areas in which Muyongo had enjoyed a strong personal following.

Good neighbourly relations with the former colonial master, South Africa (which has itself undergone a process of political emancipation), have helped in areas of security, foreign debt, and the restoration of territorial integrity. In 1994 the last South African territory at Walvis Bay was handed over to Namibia.