Namibia: Electoral system
Updated September 2009
| Legal basis[1] | Constitution of Namibia 1992, amended 1998. Electoral Act, 24 of 1992 as amended 1994, 1998, 1999, 2002, 2003, 2006 and 2009. Regional Councils Act, 1992 as amended 2000. Local Authorities Act 6 of 1992 as amended 1997, 2002, 2003. |
| Electoral system | National Assembly elections: Direct universal adult franchise single constituency proportional representation electoral system[2]. Presidential elections: President is elected by absolute majority through universal adult franchise[3]. |
| Election period | Concurrent National Assembly and presidential elections every 5 years[4]. |
| Electoral institutions | Electoral Commission of Namibia (ECN). Director of Elections[5] |
| Functions of electoral institutions | ECN: Is to direct, control and supervise elections fairly and impartially, including voter registration, compiling and publishing of voters' rolls, registering political parties and educating voters[6]. Director: Executive arm of and secretary to ECN[7]. |
| Independence of electoral institutions | ECN: Members appointed by the President from a shortlist provided by a Selection Committee. Members of the ECN lose their positions for incapacity or may be removed by the President for misconduct with the approval of the National Assembly[8]. Director: Appointed by the President on the recommendation of the ECN[9]. |
| Demarcation | The National Assembly has 78 members (72 elected on proportional representation based on the 13 regions and 6 members appointed by the President). The allocation of seats to each constituency is determined by the Electoral Commission of Namibia in proportion to the number of votes cast. A Delimitation Commission (DC) is appointed by the President upon approval of the National Assembly to delimit regional and local government seats. The DC consists of a chair, who is a judge, and two other persons[10]. There are 13 regional councils based on 102 constituencies and 45 municipalities. |
| Voter registration | A general registration of voters takes place every 10 years, which may be supplemented by ad hoc registrations. Registration is on voters roll with constituency registration officers who are subject to the control of the Director; required to fill in form that includes a declaration of eligibility, provide identification (birth certificates, passports, and any legal document with photograph or sworn statement) and receives a voter registration card. The ECN may establish temporary registration points at any diplomatic mission to register voters who are temporarily abroad[11]. |
| Voter education | 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[12]. |
| Nomination of candidates | Parliamentary Elections: Candidates are nominated by means of party lists, which must include the candidate's voter registration number[13]. Presidential Elections: Nominations must be either be endorsed by a political party or be supported by 300 registered voters and, in either case, lodge a deposit with the State Revenue Fund[14] |
| Funding of political parties | Parties receive public funding in proportion to their performance in the previous election[15]. There are no legal requirements in terms of fund raising or accounting of funds expended in campaigns, other than that all foreign sources of funding must be disclosed by the recipient candidates/parties[16]. |
| Election campaign | A code of conduct governing the political activity of parties and candidates has been issued by the ECN[17]. Electoral law places no specific restrictions on campaigning. |
| Communication | No code of conduct is issued by the ECN (or any other body) that governs access to public media by political parties[18] |
| Counting | Counting takes place at the polling station directly after the close of polling by the presiding officer in the presence of counting officers, party agents, accredited observers, polling officers and police officers. After the count the polling materials and records are packed and sealed and delivered to the returning officer[19]. The returning officer checks the integrity of the seals and then verifies the results of the count, prepares a report of his/her findings, supplies a copy to candidates and party agents and forwards it to the Director of Elections. The returning officer packs and seals all materials and records and forwards them to the Director of Elections who is responsible for their safe keeping[20]. |
| Announcement of results | The presiding officer announces the results, forwards them to the returning officer and posts a copy of them at the polling station[21]. After verifying the results of the count the returning officer announces them and forwards presidential results to the ECN Chairperson and National Assembly results to the Director of elections. The Chairperson aggregates all the results, announces them and declares the winning presidential candidate elected. After summating the results received the Director of Elections determines the seat allocations for each party and announces them. All results are published in the Gazette by the ECN[22]. |
| Conflict resolution | 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[23]. |
| Election monitoring | Any juristic person man apply for accreditation to the ECN; if refused accreditation the organisation must informed of the decision and if accepted issued with a certificate. The powers and duties of observers are laid down by law and a code of conduct is issued by the ECN by notice in the Gazette.[24]. |
Table notes
[1] EISA 2004a, 2; Commonwealth Local Government Forum undated, 1-2.
[2] Constitution of Namibia 1992, Article 45, 46, Schedule 4: "Election of members of the National Assembly".
[3] Constitution of Namibia 1992, Article 28.
[4] Constitution of Namibia 1992, 29(1), 50.
[5] Electoral Act 24 1992, 3, 11(1)(b).
[6] Electoral Act 24 1992, 4.
[7] Electoral Act 24 1992, 11(1)(b).
[8] Electoral Act 24 1992, 5(1), (21), 8(c), (d). The Selection Committee consists of a judge nominated by the Chief Justice, a lawyer nominated by the Law Society and a nominee of the Ombudsman (5)(12).
[9] Electoral Act 24 1992, 11(2).
[10] Constitution of Namibia 1992, 103, 104; Schedule 4.
[11] Electoral Act 24 1992, 13A, 15, 16(2), (3), 20(1), (4).
[12] Electoral Act 24 1992, 4(2)(dA), 47A-47C.
[13] Electoral Act 24 1992, 59(1), (2).
[14] Electoral Act 24 1992, 54(c), 55(2)(c), (d).
[15] EISA 2004, 3-4.
[16] Electoral Act 24 1992, 46.
[17] ECN undatedb. This code of Conduct was negotiated and signed by all political parties (EISA 2005b, 6).
[18] A Draft code of conduct for Namibian media has been drawn up, but not implemented; the draft is in any case silent on the subject of elections (MISA 2006; journalism.co.za 2006).
[19] Electoral Act 24 1992, 85.
[20] Electoral Act 24 1992, 87, 93.
[21] Electoral Act 24 1992, 85(6).
[22] Electoral Act 24 1992, 88, 89, 92.
[23] Electoral Act 24 1992, 109, 110(1), 116,(3).
[24] Electoral Act 24 1992, 52A-52C.
References
COMMONWEALTH LOCAL GOVERNMENT FORUM UNDATED "The local government system in Namibia", [www] http://www.clgf.org.uk/userfiles/clgf/file/countries/Namibia.pdf [PDF document, opens new window] (accessed 9 Mar 2010).
CONSTITUTION OF NAMIBIA 1992, [www] http://209.88.21.55/opencms/export/sites/ default/grnnet/AboutNamibia/constitution/constitution1.pdf [PDF document, opens new window] (accessed 9 Mar 2010).
ELECTORAL ACT 1992 as amended in 1994, 1998, 1999, 2002 and 2003, [www] http://www.scribd.com/doc/16633875/Electoral-Act-24-of-1992 [opens new window] (accessed 9 Mar 2010).
Note: The above edition does not include the amendments made in 2006 and 2009.
ECN UNDATEDa "About the Electoral Commission of Namibia", [www] http://www.ecn.gov.na/About%20the%20ECN.htm [opens new window] (accessed 9 Mar 2010).
ECN UNDATEDb "Code of Conduct for Political Parties", [www] http://www.ecn.gov.na/Code%20of%20Conduct%20for%20Parties.htm [opens new window] (accessed 9 Mar 2010).
EISA 2004a Election Update: Namibia 2005 No 1 [PDF document].
EISA 2004b EISA Election Update: Namibia 2005 No 2 [PDF document].
JOURNALISM.CO.ZA 2006 "Draft code of conduct for Namibian media", [www] http://www.journalism.co.za/journ-ethics/draft-code-of-conduct-for-namibian-media-3.html [opens new window] (accessed 9 Mar 2010).
