Electoral Act, 2014
Act 5 of 2014
To provide for the establishment and constitution of the Electoral Commission of Namibia and its powers and functions; to provide for the registration of voters, nomination of candidates, conduct of the election of persons to the office of President, conduct of the election of members of the National Assembly, conduct of the election of members of regional councils and local authority councils; to provide for the holding of referenda; to provide for the registration and deregistration of political parties and the funding of political parties and organizations; to provide for the establishment of electoral tribunals and the Electoral Court and their powers and functions; and to provide for incidental matters.BE IT ENACTED as passed by the Parliament, and assented to by the President, of the Republic of Namibia as follows:
Chapter 1
INTRODUCTORY PROVISIONS
1. Definitions and interpretation
(1)In this Act, unless the context otherwise indicates -“auditor” means a person registered as an auditor under section 23(2) of the Public Accountants’ and Auditors’ Act, 1951 (Act No. 51 of 1951);“accredited observer” means a person who has been accredited as such as contemplated in section 55(2) or 56;“applicant”, in relation to -(a)the registration of voters, means a person who in terms of section 26(1), 38(1) or 39(1) applies or applied for registration;(b)the registration of a political party, means -(i)the person who on behalf of the political party or organisation applies or applied for the registration; or(ii)the political party or organisation;“application”, in so far as a provision in which it is used, is applied in relation to any applicant who -(a)is entitled to vote -(i)in any election of the President, members of the National Assembly and any member of a regional council;(ii)in any election of members of a local authority council; or(iii)in a referendum,means the application form to be used in respect of the elections referred to in paragraphs (1) and (ii), and the referendum referred to in paragraph (iii), completed in respect of the applicant in accordance with section 26(2), 38(1) or 39(2);(b)applied for registration as a political party or an organisation, means the application form concerned to be used;“authorisation ballot paper” means a ballot paper referred to in section 98(5)(a);“authorisation ballot paper envelope” means a blank envelope referred to in section 98(5)(c);“authorisation envelope” means an envelope referred to in section 98(4)(b) in which a written authorisation referred to in subsection (2) of that section is placed;“authorised representative” means, in relation to -(a)a political party, the person referred to in section 136(2)(e)(iii);(b)an organisation, the person referred to in section 148(2)(e)(iii);“ballot box” means the storage instrument provided to a presiding officer for the taking of a poll and for storing used and unused ballots;“banking institution” means a banking institution as defined in section 1 of the Banking Institutions Act, 1998 (Act No. 2 of 1998);“Bill of Fundamental Voters’ Rights and Duties” means the Bill of Fundamental Voters’ Rights and Duties contained in Schedule 2;“by-election” means an election through which a vacancy is filled as contemplated in section 63(2);“candidate” means a person whose name appears on the list of nominations approved and published by the Commission in relation to Presidential, National Assembly, regional council or local authority council elections in terms of this Act;“cast” means -(a)to deposit a ballot paper into a designated ballot box; or(b)to record a vote utilising a voting machine;“Chief Electoral Officer” means the Chief Electoral and Referenda Officer appointed in terms of section 17(1);“chief regional officer” means a chief regional officer of elections referred to in section 19;“Commission” means the Electoral Commission of Namibia contemplated in section 2(1);“committee” means a committee established by the Commission as contemplated in section 13;“completed”, “complete” and “completing” where they occur in the definitions of “application” and “voter registration card” and in sections 26(2), 28(1) and 30(1)(a) and (b)(1) must be so construed as to include any form or method to capture onto an electronic, digital or any similar voter registration system any information required by this Act or to capture the signature of any applicant in electronic, digital or any similar form, as the case may be;“constituency”, in relation to any election of any member of a regional council means a constituency referred to in section 4(2) of the Regional Councils Act, into which any region has been divided;“continuous registration” means the process of registration of voters in accordance with section 39;“counting agent” means a counting agent referred to in section 67(1);“counting officer” means a counting officer referred to in section 65(1)(b);“days” for purpose of this Act -(a)means, for the purposes of the performance of any function in terms of this Act, days as defined under section 4 of the Interpretation of Laws Proclamation, 1920 (Proclamation No. 37 of 1920);(b)where any days are stipulated in relation to any election application, must be construed in terms of the particular rules of the Court before which the application is brought,and “day” has a corresponding meaning;“director” means a director appointed in terms of section 18(1)(a);“Directorate” means the Directorate of Elections and Referenda contemplated in section 16(1);“election” means an election of the President, members of the National Assembly, any member of a regional council or a local authority council conducted under this Act, as the context may require;“election agent” means an election agent referred to in section 66(1);“election application” means either -(a)in relation to a pre-election matter, a complaint regarding any conduct in contravention of this Act; or(b)in relation to a post-election matter, a complaint regarding any conduct in contravention of this Act,and which is not construed as an application in terms of civil proceedings before a court;“Electoral Court” means the Electoral Court established by section 167;“electoral observer mission” means an observer mission referred to in section 55(1)(b) (ii);“electoral tribunal” means an electoral tribunal established under section 162(1);“general election” means a general election contemplated in section 63(1);“geographical area” means a geographical area contemplated in section 162(1);“high party political profile” means, in relation to a person, a person who is identified as having strong party political influence, whether or not the person occupies an office in a political party or an organisation;“local authority council” means a local authority council as defined in section 1 of the Local Authorities Act, 1992 (Act No. 23 of 1992);“local authority area”, in relation to any election of any member of a local authority council, means a local authority area as defined in section 1 of the Local Authorities Act, 1992 (Act No. 23 of 1992);“local authority voters’ register” means the local authority voters’ register referred to in section 36(1)(a)(ii) for a local authority area;“magistrate” means a magistrate as defined in section 1 of the Magistrates Act, 2003 (Act No. 3 of 2003);“national voters’ register” means the national voters’ register referred to in section 36(1) (a)(1) for a constituency;“nomination day”, in relation to any election concerned, means the day determined under section 64(1)(a);“Occurrence Book” means an Occurrence Book contemplated in section 204;“official mark” means the official mark referred to in section 100(2);“party list” -(a)in relation to any election of members of the National Assembly, means a list of candidates contemplated in Article 49 of the Namibian Constitution and submitted by a political party under section 77(1);(b)in relation to any election of members of a local authority council required to be held on party lists under the Local Authorities Act, 1992, means a list of candidates submitted by a political party or organisation under section 86(1);“polling booth”, includes any place or surface in or at a polling station that is screened off in a way that voters may record their votes in secrecy:“polling day”, in relation to -(a)any election concerned, means any day determined under section 64(1)(b) or deemed to be so determined under subsection (6) thereof for voting;(b)any referendum concerned, means any day determined under section 119(5) for voting;“polling officer” means a polling officer appointed for a polling station under section 65(1)(d);“polling station” means a polling station established under section 89, and includes a mobile polling station if the context so requires;“post-election” means the period during and after polling day;“pre-election” means the period prior to polling day;“prescribe” means prescribe by regulation;“presiding officer” means a presiding officer appointed under section 65(1)(c);“provisional local authority voters’ register” means the provisional local authority voters’ register referred to in section 31(a)(ii) for a local authority area;“provisional national voters’ register” means the provisional national voters’ register referred to in section 31(a)(1) for a constituency;“provisional voters’ register” means the provisional national voters register or the provisional local authority voters’ register;“Public Service Act” means the Public Service Act, 1995 (Act No. 13 of 1995);“Public Service Commission” means the Public Service Commission established by section 2(1) of the Public Service Commission Act, 1990 (Act No. 2 of 1990);“referendum” means a referendum held pursuant to a proclamation issued under section 119;“referendum question” means a question specified in a proclamation under section 119 to be submitted to voters to express an opinion;“referendum result” means the declared outcome of a referendum published under section 13(2);“region” means any region referred to in section 2 of the Regional Councils Act;“regional council” means a regional council as defined in section 1 of the Regional Councils Act;“Regional Councils Act” means the Regional Councils Act, 1992 (Act No. 22 of 1992);“regional governor” means a regional governor appointed under Article 110(A) of the Namibian Constitution and referred to in section 2(1) of the Special Advisors and Regional Governors Appointment Act, 1990 (Act No. 6 of 1990);“register” means -(a)to register as a voter for an election or for a referendum; or(b)to register as a political party or an organisation for purposes of this Act; or(c)a register referred to in section 137(5) or 149(5),and “registration” has a corresponding meaning;“registered organisation” means an organisation registered under section 149, and includes an association registered as such;“registered political party” means a political party registered as such under section 137;“registration officer” means a registration officer appointed under section 24(1)(b);“represented political party” means a political party that is represented in Parliament;“regulation” means a regulation made or deemed to have been made under this Act;“repealed Act” means the Electoral Act, 1992 (Act No. 24 of 1992) repealed by section 207;“returning officer” means a returning officer appointed under section 65(1)(a);“Secretary of the National Assembly” means the person appointed or designated as such as contemplated in Article 52(1) of the Namibian Constitution;“Selection Committee” means the Selection Committee established by section 5(1);“sign” and “signing” where they occur in sections 26(2)(d)(1) and (ii) and 30(1)(b)(1) and (c) must be so construed as to include any form or method to capture onto an electronic, digital or any similar voter registration system any information required by this Act or to capture the signature of any applicant in electronic, digital or any similar form, as the case may be;“staff member” means any staff member as defined in section 1 of the Public Service Act, and where it refers to any staff member of the Directorate, includes the Chief Electoral Officer, a director, a chief regional officer and the other staff members or temporary staff members appointed as contemplated in section 18(1)(a);“State Revenue Fund” means the State Revenue Fund referred to in Article 125(1) of the Namibian Constitution;“supervisor of registration” means a supervisor of registration appointed under section 24(1)(a);“symbol”, includes an insignia, a marking or a motto;“temporary registration point” means a temporary registration point referred to in section 23;“tendered vote” means a vote referred to in section 98(6);“this Act”, includes any regulation;“vote” means to cast or to record a vote -(a)for a political party, organisation or a candidate in an election, as the context may require; or(b)in favour of or against a referendum question,and “voting” has a corresponding meaning;“voter” -(a)in relation to any election of the President, members of the National Assembly or any member of a regional council, means a person whose name is included in the national voters’ register;(b)in relation to any election of members of a local authority council, means a person whose name is included in the local authority voters’ register; or(c)in relation to a referendum, means a person whose name is included in the national voters’ register,and who is entitled and qualified to vote in the election or referendum concerned, and “registered voter” has a corresponding meaning;“voter’s register” means the national voters’ register or the local authority voters’ register, as the case may be;“voter registration card” in so far as a provision in which it is used is applied in relation to any person who -(a)is entitled and qualified to vote in any election of the President, members of the National Assembly and any member of a regional council;(b)is entitled and qualified to vote in any election of members of a local authority council; or(c)is entitled and qualified to vote in a referendum,means the original voter registration card to be used in an election referred to in paragraph (a) or (b) or a referendum referred to in paragraph (c), completed in respect of and issued to the person in terms of section 30 and complying with subsection (2), and a “duplicate voter registration card” has a corresponding meaning;“voter registration number”, in relation to a voter registration card concerned, means the distinctive serial number appearing in accordance with subsection (2) on the voter registration card, and “number” has a corresponding meaning; and“voting machine” means any machine or apparatus, whether operated electronically, digitally or in any similar manner or otherwise, used for the giving and recording of votes.(2)A person interpreting or applying this Act must -
(a)do so in a manner that gives effect to the rights, freedoms and responsibilities contained in the Namibian Constitution; and(b)take into account the Bill of Fundamental Voters’ Rights and Duties and any other appropriate law.(3)For the purposes of any election or appointment into office which requires the making of an oath or affirmation and despite the date of election or appointment the assumption of office and performance of functions by the elected or appointed person is only upon the swearing in of such person.Chapter 2
ELECTORAL COMMISSION OF NAMIBIA
2. Continued existence of Electoral Commission
(1)The Electoral Commission established by section 3 of the repealed Act, continues to exist as the Electoral Commission of Namibia, the shortened form of which is the “ECN”, and which may be used as an alternative to the name Electoral Commission of Namibia.(2)Subject to this Act, the members of the Electoral Commission referred to in subsection (1), who are in office at the date of commencement of this Act are deemed to have been appointed in terms of this Act and must continue to be in office until their terms of office expire.(3)The Commission must report to the National Assembly as contemplated in this Act.(4)The Commission is a juristic person which is capable, in its own name, of suing and of being sued and, subject to this Act, of exercising powers and performing all the acts that a juristic person may lawfully perform.(5)The Commission is not subject to the State-owned Enterprises Governance Act, 2006 (Act No. 2 of 2006).3. Objectives of Commission
The objectives of the Commission are to organise, direct, supervise, manage and control the conduct of elections and referenda in a free, fair, independent, credible, transparent and impartial manner as well as to strengthen constitutional democracy and to promote democratic electoral and referenda processes.
4. Powers and functions of Commission
(1)Subject to the Namibian Constitution and this Act, and in particular with due regard to Schedule 2 and any other law, the Commission -
(a)is the exclusive authority to direct, supervise, manage and control in a fair and impartial manner and without fear, favour or prejudice any elections and referenda under this Act; and(b)must exercise and perform its powers and functions, subject to section 2(3), independent of any direction or interference by any other authority or any person.(2)Without derogating from the generality of subsection (1), the Commission has further powers and functions to -
(a)supervise, direct and control the registration of voters for the purposes of any election or referendum referred to in subsection (1);(b)supervise the preparation, publication and maintenance of a national voters’ register and local authority voters’ register;(c)supervise, direct and control the registration of political parties and organisations;(d)supervise, direct and control the conduct of elections and referenda referred to in subsection (1);(e)supervise, direct, control and promote voter and civic education in respect of elections and referenda, including the cooperation with educational or other bodies or institutions with a view to the provision of instruction to or the training of persons in electoral and related matters;(f)supervise, direct and control electoral observers;(g)establish and maintain liaison and cooperation with political parties, the media and the public;(h)undertake and promote research into electoral matters;(i)develop and promote the development of electoral expertise and technology in all spheres of government;(j)promote knowledge of sound and democratic electoral processes;(k)issue and enforce any code of conduct provided for in this Act;(l)supervise and control the disclosure and dissemination of information regarding electoral matters and establish and maintain the necessary facilities for collecting and disseminating the information;(m)secure in the electoral and referenda processes the representation of the diverse social and cultural groups in Namibia and seek their cooperation;(n)create its own organisational structure, to allow its leadership to take full control of all its operations to strengthen areas where operational effectiveness is lacking; and(o)exercise and perform any other powers and functions conferred and imposed upon it by or under this Act or any other law or which are necessary or expedient for purposes of achieving the objects of this Act or any other law.5. Establishment, constitution and meetings of Selection Committee
(1)There is established a Selection Committee consisting of -
(a)the Chairperson of the Public Service Commission, who is the Chairperson of the Selection Committee;(b)the Chairperson of the Council of the Law Society of Namibia referred to in section 45 of the Legal Practitioners Act, 1995 (Act No. 15 of 1995), who is the deputy Chairperson of the Selection Committee;(c)the Chairman of the Public Accountants’ and Auditors’ Board referred to in section 6 of the Public Accountants’ and Auditors’ Act, 1951 (Act No. 51 of 1951);(d)the Registrar of the High Court of Namibia; and(e)the Director of the Namibia Qualifications Authority appointed in terms of the Namibia Qualifications Authority Act, 1996 (Act No. 29 of 1996).(2)Subject to subsections (3) and (4), if the Chairperson of the Public Service Commission, the Chairperson of the Council of the Law Society, the Chairman of the Public Accountants’ and Auditors’ Board, the Registrar of the High Court of Namibia, or the Director of the Namibia Qualifications Authority, is unable to attend a meeting of the Selection Committee, either -
(a)a member of the Public Service Commission designated by the Commission, the Vice-Chairperson of the Council of the Law Society, the Vice-Chairman of the Public Accountants’ and Auditors’ Board, the Assistant Registrar of the High Court of Namibia designated by the Registrar, or the Deputy Director of the Namibia Qualifications Authority; or(b)a person appointed to act as such in the absence of such person,must attend the meeting of the Selection Committee in the place of the member who is unable to attend the meeting concerned.
(3)All five members of the Selection Committee constitute a quorum for the purposes of any meeting of the Committee.(4)The Chairperson of the Selection Committee must table, for approval by the Committee, the rules and procedures to be followed at meetings of the Committee.(5)Despite the fact that the Secretary of the National Assembly is not a member of the Selection Committee, he or she must act as the secretary at meetings of the Committee, but has no right to vote.6. Constitution of Commission and appointment of members of Commission
(1)Subject to section 2(1) and (2) and this section, the Commission consists of five members appointed by the President with the approval of the National Assembly upon nomination by the President.(2)At least two members of the Commission must be women.(3)At least four months prior to the date on which the terms of office of the members of the Commission expire, the Chief Electoral Officer must inform the Secretary of the National Assembly to invite by notice in the Gazette and in at least two daily newspapers circulating throughout Namibia any person who complies with the qualifications of and criteria for appointment as a member of the Commission, to apply in writing for appointment as a member of the Commission.(4)A notice referred to in subsection (3) may be in the form determined by the Secretary of the National Assembly and must stipulate -
(a)the form of an application for the appointment, which form must, amongst other things, provide for the furnishing of information relating to -
(i)the citizenship of the applicant;(ii)the academic qualifications obtained by the applicant;(iii)the age of the applicant;(iv)whether the applicant has a criminal record;(v)whether the applicant is an unrehabilitated insolvent;(vi)whether the applicant is of unsound mind or mentally disordered or defective and has been so declared by a competent court;(vii)whether the applicant is permanently employed by the State;(viii)whether the applicant is a member of the National Assembly, National Council, a regional council or a local authority council; or(ix)whether the applicant is an office-bearer of a political party, an active politician or has a high party political profile;(b)the place where or the person to whom an application for the appointment must be submitted;(c)the closing date for the submission of an application for the appointment, which date may not be longer than 14 days after the date of publication of the notice concerned;(d)the requirement that at least two members of the Commission must be women;(e)the qualifications of and criteria for appointment as a member of the Commission; and(f)the other particulars or documents, as the Secretary of the National Assembly may determine, which must accompany an application for the appointment.(5)The Secretary of the National Assembly must convene a meeting of the Selection Committee to be held on or at the date, time, and venue as the Secretary may determine, which meeting must be held not later than seven days after the closing date for the submission of applications determined under subsection (4)(c).(6)At the meeting convened in terms of subsection (5) the Selection Committee must -
(a)scrutinise the applications submitted under subsection (3); and(b)from the applications referred to in paragraph (a), but subject to the further provisions of this section, select not less than 10 and not more than 20 applicants to be interviewed by the Selection Committee at the meeting to be convened in terms of subsection (10).(7)Only persons who comply with the qualifications and other criteria referred to in section 7 may be selected by the Selection Committee in terms of subsection (6)(b).(8)If less than 10 applications are received by the Selection Committee, and the Secretary of the National Assembly is of the opinion that not sufficient applications have been received to comply with the requirement that at least two members of the Commission must be women, the Secretary must -
(a)with the necessary changes, in accordance with subsection (3), repeat the invitation for applications for appointment as members of the Commission to be submitted within a period of seven days from the date of the publication of the invitation; and(b)after having secured sufficient applications, with the necessary changes, and in accordance with subsection (5), convene a meeting of the Selection Committee.(9)Despite subsection (6)(b), if after the invitation for applications referred to in subsection (8) -
(a)less than 10 applications are received; or(b)sufficient number of applications required to comply with the women requirement referred to in subsection (4)(d) has not been secured,the Secretary of the National Assembly must convene a meeting of the Selection Committee in accordance with subsection (5).
(10)The Secretary of the National Assembly must by notice in the Gazette convene a meeting of the Selection Committee, which meeting must take place not less than 20 days and not more than 30 days after the closing date for the submission of applications determined under subsection (4)(c), for the purpose of selecting suitable candidates from amongst the applicants selected in terms of subsection (6)(b) to be interviewed by the Selection Committee for appointment as members of the Commission.(11)The notice published in terms of subsection (10) must contain -
(a)the names, sex and dates of birth of the applicants referred to in subsection (6)(b) to be interviewed by the Selection Committee; and(b)the date, time and venue as the Secretary of the National Assembly may determine for the meeting of the Selection Committee.(12)The meeting of the Selection Committee convened in terms of subsection (10) is open to the public and the media.(13)The Selection Committee must -
(a)at the meeting convened in terms of subsection (10), interview the applicants referred to in subsection (11);(b)when interviewing the applicants, act in accordance with the principles of transparency and openness; and(c)make its recommendations in terms of subsection (16) with due regard to -
(i)suitability, qualifications and experience of an applicant;(ii)the qualifications of and criteria for appointment as a member of the Commission; and(iii)the objections, if any, lodged in terms of subsection (14).(14)A registered voter -
(a)may, at any time before the commencement of the meeting of the Selection Committee convened in terms of subsection (10), in writing lodge with the secretary of the Selection Committee an objection against the appointment of any person as a member of the Commission; and(b)must, if so directed by the Selection Committee in writing, appear before the Selection Committee, where the voter is, in the manner determined by the Chairperson of the Selection Committee, subject to questioning by the members of the Selection Committee and by the person against whose appointment he or she objected.(15)An applicant referred to in subsection (6)(b) who -
(a)fails to attend the meeting convened in terms of subsection (10); or(b)at the meeting, fails to truthfully reply to any reasonable question put to him or her by the Selection Committee or by any other person entitled to examine the person at the meeting,is disqualified from being recommended in terms of subsection (16) as an applicant suitable for appointment as a member of the Commission.
(16)The Selection Committee must, within 10 days after the closing of the meeting convened in terms of subsection (10), in writing recommend to the President -
(a)not less than eight suitable applicants; or(b)if subsection (9) has been applied, any eight or less than eight but sufficient number of suitable applicants,to be considered for appointment as members of the Commission under subsection (1).
(17)The President must, within seven days after the date on which the recommendations have been submitted to him or her under subsection (16) -
(a)nominate five applicants for approval by the National Assembly as Chairperson of the Commission and members of the Commission; and(b)indicate the respective terms of office of the members concerned as contemplated in section 10.(18)If the National Assembly is not in session when the nominations are to be submitted to it, the President must, by proclamation, direct the National Assembly to sit for a special session as contemplated in Article 62(1)(c) of the Namibian Constitution.(19)In the event of an approval by the National Assembly of the nomination for approval as contemplated in subsection (17), the Speaker must, within three days of such approval notify the President in writing of the approval of the nomination for appointment.(20)In the event the National Assembly disapproved the nomination for appointment -
(a)as Chairperson of the Commission; or(c)as member of the Commission,as contemplated in subsection (17), the Speaker must within three days notify the President in writing of the disapproval, and the President may -
(i)nominate another applicant as Chairperson or member of the Commission from the names recommended to the President; or(ii)request for a recommendation of one or more names from the Selection Committee for his or her consideration for nomination to the National Assembly,
until the President secured the approval of the National Assembly.
(21)The President must, within 30 days of receipt of the notice of approval of the National Assembly under subsection (19), announce by proclamation the appointment of the members of the Commission.(22)In the event that there exists a vacancy on the Commission and the process of appointing one or more Commissioners is required, this section applies with the necessary changes, and the Selection Committee is entitled to determine the number of suitable candidates for recommendation to the President.(23)If -
(a)the Secretary of the National Assembly, for any reason, fails to comply with subsection (3) or (5);(b)the Selection Committee, for any reason, fails to comply with subsection (16); or(c)for any reason, any of the meetings convened in terms of subsection (5) or (10), does not take place or is not finalised,the President may, on the recommendation of the Standing Committee on Privileges of the National Assembly, appoint the members of the Commission as contemplated in subsection (1).
7. Qualifications of and criteria for appointment as member of Commission
(1)Subject to subsection (2), a person is not qualified for appointment as member of the Commission -
(a)unless he or she is -
(ii)in possession of at least a three year tertiary qualification or a level seven Namibia Qualifications Authority qualification; and(iii)at least 21 years of age, but the Chairperson of the Commission must be at least 35 years of age;(b)if he or she is -
(i)a person contemplated in Article 47(1)(a), (b), (c), (d) and (f) of the Namibian Constitution; or(ii)an office-bearer of a political party, an active politician or has a high party political profile.(2)The Selection Committee, in respect of an applicant for appointment as a member of the Commission, must have regard to -
(a)the standing of the applicant in society;(b)the legal knowledge and experience of the applicant;(c)the knowledge of the applicant in electoral matters;(d)the standard of professionalism of the applicant;(e)the management capacity of the applicant; and(f)the integrity, political impartiality and mediation capacity of the applicant.(3)A person who is permanently employed by the Public Service or any other institution and who has been appointed as Chairperson of the Commission is deemed to have resigned from the Public Service or such institution with effect from the date on which the person is so appointed.(4)A person who in terms of this section is disqualified for appointment as member of the Commission and who, while he or she is so disqualified and knowing or having reasonable grounds for knowing that he or she is so disqualified, sits as a member of the Commission, is liable to a penalty of N$500 for each day on which he or she so sits, which may be recovered by the Commission by action in any competent court for the benefit of the funds of the Commission.8. Conduct of members of Commission and disclosure of interest
(1)The Chairperson of the Commission must serve as such to the exclusion of any other duty or obligation arising out of any other employment or occupation or the holding of any other office, unless specifically authorised thereto in writing by the President.(2)A member of the Commission must serve impartially and independently and exercise his or her powers and carry out and perform his or her functions without fear, favour or prejudice.(3)A member of the Commission may not -
(a)by his or her membership, association, statement, conduct or in any other manner place in jeopardy his or her actual or perceived independence, or in any other manner harm the credibility, impartiality, independence or integrity of the Commission;(b)participate in any investigation or decision concerning a matter in respect of which the member has a financial or other personal interest;(c)make private use of or profit from any confidential information obtained in the exercise of his or her powers or the performance of his or her functions as a member;(d)whether directly or indirectly, in any manner give support to, or oppose, any party or candidate participating in an election, or any of the issues in contention between parties or candidates;(e)divulge any information referred to in paragraph (d) to any third party, save in the course and scope of his or her official functions; or(f)during his or her term of office be eligible for appointment or nomination to any political office.(4)A member of the Commission must in writing disclose to the Speaker of the National Assembly any direct or indirect financial interest which the member himself or herself, his or her spouse, partner or family member has or acquires in any business carried on in Namibia or elsewhere or in any body corporate carrying on any business in Namibia or elsewhere.(5)If at any stage during the course of proceedings before the Commission it appears that any member thereof has or may have an interest in any matter which is before the Commission for discussion and determination which may cause a conflict of interest to arise on the part of the member -
(a)the member concerned must forthwith and fully disclose the nature of his or her interest to the Commission;(b)the member concerned must withdraw from any further discussion or determination by the Commission of that matter and leave the meeting so as to enable the remaining members to discuss the matter and determine whether the member concerned is precluded from participating in the meeting by reason of a conflict of interests; and(c)the disclosure and the decision taken by the remaining members regarding the determination are recorded in the minutes of the meeting.(6)If any member of the Commission -
(a)fails to disclose any interest as required by subsection (5); and(b)contrary to subsection (5)(a) or (b), is present at a meeting of the Commission, or in any matter whatsoever, participates in the proceedings of the Commission in relation to the matter,the member commits an offence and the proceedings may be reviewed and varied or set aside by the Commission.
9. Oath and affirmation of office by members of Commission
(1)Before formally assuming office, a Commissioner must make the following oath or affirmation which is administered by the Judge President of the High Court:Oath/Affirmation of Commissioners“I, ............................................... do hereby swear/solemnly affirm that I will: diligently exercise and perform the powers and functions conferred and imposed upon me as a Commissioner of the Electoral Commission of Namibia;meticulously direct, supervise, manage and control in a free, fair, credible, and impartial manner, without fear, favour or prejudice, any elections and referenda; and to the best of my ability, defend and uphold the rights of all persons to vote and to participate in political activities as guaranteed by the Namibian Constitution.So help me God/I so affirm.”.10. Term of office of members of Commission
(1)Subject to this section and section 11(2), a member of the Commission holds office, with effect from the date of his or her appointment under section 6, for a period not exceeding five years.(2)A member of the Commission may apply for and is eligible for reappointment as contemplated in section 6, but a member may not be appointed for more than two terms of office.(3)Despite subsection (1) -
(a)two members of the first Commission appointed after the commencement of this Act, but after the expiry of the term of the existing members, must serve a term of office of two years and six months; and(b)the other two members and the Chairperson of the first Commission appointed as contemplated in paragraph (1) must serve a term of 5 years.(4)Subject to the approval of the National Assembly, the President must, when he or she appoints the members of the first Commission after the commencement of this Act and other members of the Commission thereafter as contemplated in section 6(1), determine the term of office of the member concerned.(5)The Chairperson of the Commission is appointed in a full-time capacity and the other members of the Commission are appointed in a part-time capacity.11. Vacation of office of members of Commission and filling of vacancies
(1)Despite section 10(1), a member of the Commission must vacate his or her office if the member -
(a)in writing under his or her hand addressed and delivered to the President resigns from his or her office as a member of the Commission;(b)is convicted of an offence and sentenced to imprisonment without the option of a fine;(c)is by reason of his or her physical or mental illness or for any other reason incapable of acting as member of the Commission;(d)is removed from office by the President as contemplated in subsection (4);(e)has been absent from three consecutive meetings of the Commission without leave of the Commission; or(f)is subject to disqualification as stated in section 7.(2)Any casual vacancy on the Commission caused by the death or vacation of office by any member of the Commission must, with due regard to section 6, be filled for the unexpired portion of the period of office of the member of the Commission who has died or vacated his or her office.(3)The Chief Electoral Officer must within 14 days after the occurring of a vacancy referred to in subsection (2) inform the Secretary of the National Assembly to invite applications as contemplated in section 6(2).(4)Subject to subsection (5), the President may remove a member of the Commission with the approval of the National Assembly on the grounds that the member is guilty of neglect of duty or misconduct.(5)If the question of alleged neglect of duty or misconduct that warrants a removal from office as contemplated in subsection (4) ought to be investigated, the President must direct the Selection Committee to investigate such allegation and give the member an opportunity to be heard and present his or her case, and if after due deliberation the Committee is satisfied that the member is guilty of such neglect or misconduct -
(a)the Committee must recommend to the President that the member be removed from office; and(b)if the President agrees with the recommendation, the President, with the approval of the National Assembly, must remove the member from office under subsection (4).12. Meetings of Commission and decisions
(1)Meetings of the Commission are held at the dates, times and places as the Chairperson of the Commission may determine.(2)The Chairperson of the Commission -
(a)may at any time convene a special meeting of the Commission;(b)must convene a special meeting of the Commission if requested in writing by at least three members of the Commission.(3)The Chairperson of the Commission presides at all meetings of the Commission.(4)If the Chairperson of the Commission is absent from a meeting of the Commission, the members of the Commission present must elect a member from among their number to act as Chairperson at that meeting, and the member who so acts has all the powers and must perform all functions of the Chairperson.(5)At a meeting of the Commission -
(a)the majority of the members of the Commission constitutes a quorum;(b)all questions are decided by a majority of votes of the members present and voting; and(c)the member presiding, in the event of any equality of votes, has a casting vote in addition to his or her deliberative vote.(6)No decision taken by the Commission or act performed under the authority of the Commission is invalid by reason only of -
(a)a vacancy on the Commission; or(b)the fact that any person who is not entitled to sit as a member of the Commission sat as a member of the Commission when the decision was taken or the act was authorised,if the decision was taken or the act was authorised by the requisite majority of the members of the Commission who were present at the time and entitled to sit as members.
(7)The Commission -
(a)must cause a record to be kept of the proceedings at meetings of the Commission;(b)may make rules in relation to the holding of, and procedure at, meetings of the Commission;(c)may invite any person who has expert knowledge of a matter before the Commission for determination, to attend a meeting of the Commission and to take part in discussions in relation to that matter, but the person has no vote.(8)Despite the fact that the Chief Electoral Officer is not a member of the Commission, he or she must at meetings of the Commission act as the secretary thereof, but does not have a vote.13. Committees
(1)The Commission may -
(a)from time to time establish such committees as it may consider necessary to investigate and report to it on a matter which is within the purview of the Commission in terms of this Act; and(b)appoint the persons, including -
(i)persons other than members of the Commission, as it may consider fit to be members of a committee established under paragraph (a);(ii)the Chairperson of the committee.(2)A majority of the members of a committee established under subsection (1)(a) constitute a quorum at a meeting thereof.(3)A committee established under subsection (1)(a) must meet as frequently as its activities demands.(4)The Commission may at any time dissolve or reconstitute a committee established under this section.(5)The Commission is not divested or relieved of a power or function which it has delegated or assigned to a committee.(6)A decision by a committee in the exercise of a power delegated to it is subject to approval by the Commission, and the Commission may at any time vary or set aside the decision.(7)The Chairperson of the Commission and the Chief Electoral Officer may attend any meeting of a committee and may take part in the proceedings thereof, but they do not have the right to vote.(8)A decision of a majority of the members of a committee present at a meeting thereof is the decision of the committee and in the event of an equality of votes the person presiding has a casting vote in addition to his or her deliberative vote.(9)The Chairperson of a committee may -
(a)convene a meeting of a committee;(b)determine the procedure at meetings of committees.(10)Members of a committee who are not members of the Commission hold office for the period determined by the Commission at the time of appointment of the members concerned.(11)Any casual vacancy on a committee caused by the death or vacation of office by any member of the committee other than a member of the Commission must be filled by the Commission for the unexpired portion of the period of office of the member who has died or vacated his or her office, as the case may be.(12)The Commission may determine the remuneration, allowances and privileges of members of a Committee contemplated in subsection (1)(b)(1).14. Conduct of members of committees and disclosure of interest
(1)A member of a committee may not -
(a)engage in an activity that may undermine the integrity of the committee;(b)participate in any investigation or decision concerning a matter in respect of which the member has a financial or other personal interest; or(c)use any confidential information obtained in the performance of his or her functions as a member to obtain, directly or indirectly, a financial or other advantage for himself or herself or any other person.(2)A member of a committee who is not a member of the Commission must in writing disclose to the Chairperson of the committee any direct or indirect financial interest which the member has or acquires in any business carried on in Namibia or elsewhere or in any body corporate carrying on any business in Namibia or elsewhere.(3)A member of a committee who has or acquires any financial or other personal interest, either directly or indirectly, in any matter which is before the committee for discussion and determination must -
(a)immediately and fully disclose the interest to the committee; and(b)withdraw from any further discussion or determination by the committee of that matter.15. Reports by Commission and furnishing of information and particulars
(1)Not later than 60 days after the end of June in every year, the Commission must submit to the Speaker of the National Assembly a report in respect of its activities and the activities of committees performed during the preceding year or in respect of any other matter relating to elections and referenda under this Act which it thinks necessary in the public interest to report thereon.(2)The Speaker of the National Assembly must table within 14 days as from the date on which the report referred to in subsection (1) has been submitted to him or her, the report in the National Assembly or, if the National Assembly is not then in session, within 14 days after the commencement of its next ensuing session, for consideration by the National Assembly.(3)The Speaker of the National Assembly must as soon as possible after the National Assembly has approved the report as contemplated in subsection (2), submit the approved report to the President for noting.(4)The Commission must furnish the Speaker of the National Assembly and the President with the particulars and information as the Speaker or the President from time to time in writing require in connection with the activities of the Commission.16. Continued existence of Directorate of Elections
(1)The Directorate of Elections established by section 11 of the repealed Act, as a component of the Commission continues to exist as the Directorate of Elections and Referenda.(2)The Directorate must report to the Commission.17. Appointment of Chief Electoral and Referenda Officer
(1)Subject to subsection (2), the Commission must appoint, subject to the Public Service Act, as the Chief Electoral and Referenda Officer a fit and proper person who complies with the qualifications and criteria referred to in subsection (3), which Chief Electoral Officer is -
(a)the executive officer of the Commission; and(b)designated as the Permanent Secretary of the Commission as contemplated in Schedule 3 to that Act.(2)Subject to this Act, the Director appointed in terms of section 11(2) of the repealed Act, continues as Chief Electoral Officer and must exercise, carry out and perform the powers and functions of the Chief Electoral Officer until his or her term of office in terms of the repealed Act, expires.(3)The Commission must determine the qualifications and other criteria which a person must comply with in order to qualify for selection by the Commission in terms of subsection (7)(b).(4)At least six months prior to the expiration of office of the Chief Electoral Officer, the Director responsible for staff matters in the Directorate must notify the Chairperson of the Commission to invite by notice in at least two daily newspapers circulating throughout Namibia any person who complies with the qualifications of and criteria for appointment as Chief Electoral Officer, to apply in writing for the appointment.(5)A notice referred to in subsection (4) may be in the form determined by the Chairperson of the Commission and must stipulate -
(a)the form of an application for the appointment, which form must amongst others provide for the furnishing of information relating to -
(i)the citizenship of the applicant;(ii)the academic qualifications obtained by the applicant;(iii)the age of the applicant;(iv)whether the applicant has a criminal record;(v)whether the applicant is an unrehabilitated insolvent;(vi)whether the applicant is of unsound mind or mentally disordered or defective and has been so declared by a competent court;(vii)whether the applicant is a remunerated member of the public service of Namibia;(viii)whether the applicant is a member of the National Assembly, National Council, a regional council or a local authority council; or(ix)whether the applicant is an office-bearer of a political party, an active politician or has a high party political profile;(b)the place where or the person to whom an application for the appointment must be submitted;(c)the closing date for the submission of an application for the appointment, which date may not be longer than 14 days after the date of publication of the notice concerned;(d)the qualifications of and criteria for appointment as Chief Electoral Officer; and(e)the other particulars or documents, as the Chairperson may determine, which must accompany an application for the appointment.(6)The Chairperson of the Commission must convene a meeting of the Commission to be held on or at the date, time, and venue as the Chairperson may determine, which meeting must be held not later than seven days after the closing date for the submission of applications determined under subsection (5)(c).(7)At the meeting convened in terms of subsection (4) the Commission must -
(a)scrutinise the applications referred to therein; and(b)from the applications referred to in paragraph (a), but subject to the further provisions of this section, select five applicants to be interviewed by the Commission at the meeting to be convened in terms of subsection (9).(8)The Commission may select in terms of subsection (7)(b) only applicants who comply with the qualifications and other criteria referred to in subsection (3).(9)The Chairperson of the Commission must by notice in at least two daily newspapers circulating throughout Namibia convene a meeting of the Commission, which meeting must -
(a)take place not less than 20 days and not more than 30 days after the closing date for the submission of applications determined under subsection (3)(c); and(b)select suitable candidates from amongst the applicants selected in terms of subsection (5)(c) to be interviewed by the Commission for appointment as Chief Electoral Officer.(10)The notice published in terms of subsection (9) must contain -
(a)the names, sex and dates of birth of the applicants referred to in subsection (7)(b) to be interviewed by the Commission; and(b)the date, time and venue for the meeting concerned.(11)The meeting of the Commission convened in terms of subsection (9) is open to the public and the media.(12)The Commission must -
(a)at the meeting convened in terms of subsection (9) interview the applicants referred to in subsection (10);(b)when interviewing the applicants, act in accordance with the principles of transparency and openness; and(c)make its decisions in terms of subsection (15) with due regard to -
(i)suitability, qualifications and experience of the applicant;(ii)the qualifications of and criteria for appointment as Chief Electoral Officer; and(iii)the objections, if any, lodged in terms of subsection (13).(13)A registered voter -
(a)may, at any time before the commencement of the meeting of the Commission convened in terms of subsection (9), in writing lodge with the Chairperson of the Commission an objection against the appointment of any person as Chief Electoral Officer; and(b)must, if so directed by the Commission in writing, appear before the Commission, where the voter must, in the manner determined by the Chairperson of the Commission, be subject to questioning by the members of the Commission and by the person against whose appointment he or she objected.(14)An applicant referred to in subsection (7)(b) who -
(a)fails to attend the meeting convened in terms of subsection (9); or(b)at the meeting fails to truthfully reply to any reasonable question put to him or her by the Commission or by any other person entitled to examine the person at the meeting,is disqualified from being appointed in terms of subsection (15) as Chief Electoral Officer.
(15)The Commission must, not later than 30 days before the term of office of the Chief Electoral Officer referred to in subsection (2) expires, appoint one of the applicants as Chief Electoral Officer to assume office after the term of office of the existing Chief Electoral Officer has expired.(16)The Chairperson of the Commission must within seven days after the appointment of the Chief Electoral Officer as contemplated in subsection (15) notify, in writing, the National Assembly and the President of the appointment of the Chief Electoral Officer.(17)The Chairperson of the Commission must as soon as possible after the appointment of the Chief Electoral Officer announce in the Gazette the name and period of appointment of the Chief Electoral Officer.(18)The Chief Electoral Officer -
(a)holds office for a term of five years and is eligible for reappointment at the end of the term, but must apply for reappointment as contemplated in this section;(b)is responsible for the carrying out of the resolutions of the Commission and manages the affairs of the Commission and the Directorate subject to the control and directions of the Commission.(19)If -
(a)the Chief Electoral Officer is for any reason absent or unable to exercise his or her powers or to perform his or her functions; or(b)a vacancy occurs in the office of Chief Electoral Officer,the Commission may designate a director to act as Chief Electoral Officer until -
(i)the Chief Electoral Officer resumes his or her powers and functions; or(ii)the Chief Electoral Officer is appointed in terms of subsection (1),and the director who so acts has all the powers and must perform all the functions of the Chief Electoral Officer.
(20)For purposes of section 27 of the Public Service Act, a reference in section 27(1) and (4) thereof to “the Minister of the permanent secretary concerned” is construed as a reference to “the Electoral Commission of Namibia” and any reference to the “Secretary to Cabinet” and the “Prime Minister” is not relevant for the purposes of any disciplinary action processes relating to the Chief Electoral Officer.18. Appointment of directors and other staff members
(1)The Commission must -
(a)appoint, subject to the Public Service Act, as directors, such number of persons as it considers necessary and who are fit and proper persons and who comply with the qualifications and criteria referred to in subsection (2); and(b)assign each director to a committee or committees.(2)The Commission must determine the qualifications and other criteria which a person must comply with in order to qualify for selection by the Commission in terms of subsection (6)(b).(3)As soon as possible after the commencement of this Act, the Chief Electoral Officer must invite by notice in at least two daily newspapers circulating throughout Namibia any person who complies with the qualifications of and criteria for appointment as director to apply in writing for the appointment.(4)A notice referred to in subsection (3) may be in the form determined by the Chief Electoral Officer and must stipulate -
(a)the form of an application for the appointment, which form must amongst others provide for the furnishing of information relating to -
(i)the citizenship of the applicant;(ii)the academic qualifications obtained by the applicant;(iii)the age of the applicant;(iv)whether the applicant has a criminal record;(v)whether the applicant is an unrehabilitated insolvent;(vi)whether the applicant is of unsound mind or mentally disordered or defective and has been so declared by a competent court;(vii)whether the applicant is a remunerated member of the public service of Namibia;(viii)whether the applicant is a member of the National Assembly, National Council, a regional council or a local authority council; or(ix)whether the applicant is an office-bearer of a political party, an active politician or has a high party political profile;(b)the place where or the person to whom an application for the appointment must be submitted;(c)the closing date for the submission of an application for the appointment, which date may not be longer than 14 days after the date of publication of the notice concerned;(d)the qualifications of and criteria for appointment as director; and(e)the other particulars or documents, as the Chief Electoral Officer may determine, which must accompany an application for the appointment.(5)The Chief Electoral Officer must convene a meeting of the Commission to be held on or at the date, time, and venue as the Chief Electoral Officer may determine, which meeting must be held not later than 7 days after the closing date for the submission of applications determined under subsection (4)(c).(6)At the meeting convened in terms of subsection (5) the Commission must -
(a)scrutinise the applications referred to therein; and(b)from the applications referred to in paragraph (a), but subject to the further provisions of this section, select five applicants to be interviewed by the Commission at the meeting to be convened in terms of subsection (8).(7)The Commission may select in terms of subsection (6)(b) only applicants who comply with the qualifications and other criteria referred to in subsection (2).(8)The Chief Electoral Officer must by notice in at least two daily newspapers circulating throughout Namibia convene a meeting of the Commission, which meeting must -
(a)take place not less than 20 days and not more than 30 days after the closing date for the submission of applications determined under subsection (4)(c); and(b)select suitable candidates from amongst the applicants selected in terms of subsection (6)(b) to be interviewed by the Commission for appointment as director.(9)The notice published in terms of subsection (8) must contain -
(a)the names, sex and dates of birth of the applicants referred to in subsection (6)(b) to be interviewed by the Commission; and(b)the date, time and venue for the meeting concerned.(10)The meeting of the Commission convened in terms of subsection (8) is open to the public and the media.(11)The Commission must -
(a)at the meeting convened in terms of subsection (8) interview the applicants referred to in subsection (9);(b)when interviewing the applicants, act in accordance with the principles of transparency and openness; and(c)make its decisions in terms of subsection (14) with due regard to -
(i)suitability, qualifications and experience of the applicant;(ii)the qualifications of and criteria for appointment as director; and(iii)the objections, if any, lodged in terms of subsection (12).(12)Any applicant referred to in subsection (6)(b) who -
(a)fails to attend the meeting convened in terms of subsection (8); or(b)at the meeting fails to truthfully reply to any reasonable question put to him or her by the Commission or by any other person entitled to examine the person at the meeting, is disqualified from being appointed in terms of subsection (14) as director.
(13)The Commission may appoint applicants who comply with this section as directors.(14)The Chairperson of the Commission must within seven days after the appointment of the directors as contemplated in subsection (13) notify in writing the National Assembly and the President of the appointment of the directors.(15)The Chief Electoral Officer must as soon as possible after the appointment of a director -
(a)announce by notice in the Gazette the name and period of appointment of the director;(b)inform all the registered political parties and registered organisations thereof; and(c)inform registered voters, in such manner as he or she considers appropriate.(16)A director -
(a)holds office for a term of five years and is eligible for reappointment at the end of the term, but must apply for reappointment as contemplated in this section; and(b)is responsible for the carrying out of the resolutions of the committee to which he or she is assigned and manages the affairs of the Commission, the Directorate and the committee concerned subject to the control and directions of the Commission and the Chief Electoral Officer.(17)The Commission may -
(a)appoint, subject to subsection (19) and the Public Service Act, the other permanent and temporary staff members of the Directorate as the Commission considers necessary to assist the Commission in the exercise and performance of its powers and functions under this Act, whether by employment, secondment, appointment on contract or otherwise;(b)obtain, for the purpose of the functions of the Directorate, the services of any person other than a staff member referred to in paragraph (a), on such conditions as may be determined by agreement with the person.(18)Staff members appointed to the Directorate in terms of section 11(12) of the repealed Act, immediately before the date of commencement of this Act are deemed to be staff members appointed under subsection (17)(a) and continue as staff members of the Directorate.(19)The conditions of service of staff members referred to in subsection (18) as of the date of commencement of this Act may not be less favourable than the conditions of service which applied to them immediately before the date of commencement of this Act.19. Establishment of regional offices and constituency offices
(1)The Commission must establish for every region a permanent regional office to be headed by a chief regional officer appointed by the Commission.(2)A chief regional officer must in the exercise of his or her powers and the performance of his or her functions be assisted by permanent and temporary staff referred to in section 18(17).(3)A chief regional officer -
(a)is, in addition to the powers and functions conferred or imposed upon him or her by this Act or any other law or any power or any function delegated or assigned to him or her by the Commission or the Chief Electoral Officer, in charge of the region in respect of which he or she has been appointed and must supervise and coordinate -
(i)the registration of voters in respect of, and the voting at, any election in a region concerned; and(ii)the exercising and performance of the powers and functions of supervisors of registration, registration officers, assistants to supervisors of registration and registration officers and returning officers in a region concerned; and(b)must report to the Chief Electoral Officer in this regard.(4)The Commission may establish in respect of constituencies temporary or permanent offices as the Commission thinks necessary.(5)A -
(a)temporary or permanent office referred to in subsection (4) is headed by the staff member as the Commission may determine;(b)staff member referred to in paragraph (a) must in the exercise of his or her powers and the performance of his or her functions be assisted by such staff members as the Commission may determine.20. Payment of remuneration, other benefits and expenses and conditions of service
(1)The Directorate must, out of monies appropriated by Parliament for that purpose -
(a)pay to the Chairperson of the Commission -
(i)the remuneration, allowances and benefits of a Judge of the High Court of Namibia;(ii)in respect of any journey undertaken for purposes of the business of the Commission, the subsistence and travelling allowances;as the National Assembly may from time to time determine;
(b)pay to the other members of the Commission -
(i)the remuneration and allowances, if any; and(ii)in respect of any journey undertaken for purposes of the business of the Commission, the subsistence and travelling allowances,as the National Assembly may from time to time determine;
(c)remunerate or reimburse members of the Selection Committee in respect of functions performed or expenses incurred by the members;(d)pay to the Chief Electoral Officer, the directors and other staff members of the Directorate -
(i)the remuneration and allowances and other benefits, as applicable; and(ii)in respect of any journey undertaken for purposes of the business of the Commission, the subsistence and travelling allowances,as the Commission may from time to time determine;
(e)pay any other expenses incurred by the Directorate in respect of any power or function exercised or performed under this Act and approved by the Commission.(2)Any remuneration and allowance, condition of service or other benefits determined under subsection (1) may differ according to the office held by the member concerned or the powers and functions exercised or performed by the member.Chapter 3
ELECTIONS AND REFERENDA
Part 1 – APPLICATION OF THIS CHAPTER
21. Application of this Chapter
This Chapter applies in respect of -
(a)elections of the President, members of the National Assembly, any member of any regional council and members of any local authority council and in respect of the registration of voters for such elections; and(b)any referendum contemplated in section 119 and in respect of the registration of voters for the referendum, if any.
Part 2 – REGISTRATION OF VOTERS
22. Persons entitled to register as voters
(1)Subject to subsection (2), every person who by virtue of Article 17(2) of the Namibian Constitution is entitled to be registered as a voter -
(a)in the case of an election of the President, or of members of the National Assembly, at any registration point;(b)in the case of an election of any member of a regional council, at any registration point in the constituency in which he or she is resident;(c)in the case of an election of any member of a local authority council, at any registration point in the local authority area in which the person is resident, but subject to Article 111(3) of the Namibian Constitution; and(d)in the case of any referendum to be held under this Act or the Namibian Constitution, at any registration point.(2)A person is not entitled to be registered as a voter if the person -
(a)is not a Namibian citizen;(b)has not attained the age of 18 years;(c)is of unsound mind or mentally disordered or defective and has been so declared by a competent court; or(d)is detained as a mentally ill person under any law.(3)Subject to section 40, for the purposes of subsection (1)(b) and (c) the constituency in which a voter is registered is the constituency in which the voter votes.(4)Nothing in this Act prohibits any person convicted under any law to correctional facility for any period of time, whether such period of imprisonment has been served or is being served, from registering as a voter in any presidential elections, National Assembly elections or referenda.23. Registration of persons temporarily outside Namibia
In order to enable persons temporarily outside Namibia to be registered as voters and to take part in an election of the President or of members of the National Assembly, as contemplated in section 22(1)(a), the Commission may establish temporary registration points outside Namibia at any Namibian diplomatic mission, or where possible, at the other convenient places as may be determined by the Commission in consultation with the Minister responsible for foreign affairs.
24. Appointment of supervisor of registration, registration officers and assistants
(1)For the purposes of the registration of voters in respect of the elections referred to in section 22(1), in respect of each registration point, constituency or temporary registration point and the local authority area or part thereof (if any) situated within the boundaries of the constituency, the Commission must, subject to subsection (2), appoint -
(a)a person to act as supervisor of registration for that registration point, constituency or temporary registration point concerned, and to exercise and perform, subject to the direction and control of the Chief Electoral Officer, the powers and functions conferred upon and imposed on the person by or under this Act; and(b)one or more persons to act as registration officers for that registration point, constituency or temporary registration point concerned, and to exercise and perform, subject to the direction and control of the supervisor of registration concerned, the powers and functions conferred and imposed on the person by or under this Act.(2)If more than one local authority area or part thereof is situated within the boundaries of a constituency, the Commission must appoint, in respect of that constituency, and for that constituency and each such local authority area or part thereof, the persons referred to in subsection (1)(a) and (b), to so act.(3)The Commission may appoint such other persons as it thinks fit to assist a supervisor of registration or registration officer in the performance of his or her functions.(4)Any person appointed under this section -
(a)who is not in the full-time service of the State is entitled to the remuneration determined by the Commission;(b)may be paid such allowances as the Commission may determine.(5)Different tariffs for remuneration and allowances may be determined under subsection (4) in respect of the different offices provided for therein, or in respect of persons appointed to the offices who are in the full-time service of the State and persons so appointed who are not in the full-time service of the State under different circumstances or in different areas.(6)The Commission may in writing delegate any power conferred upon it by subsection (1) or subsection (3) to the Chief Electoral Officer who may, to the extent determined by the Commission, authorise any supervisor of registration or registration officer concerned to exercise any power so delegated to him or her under subsection (1)(b) or (3).(7)By virtue of his or her appointment under this Act, and despite anything to the contrary in any other law, whether or not he or she is by or under any other law a justice of the peace or a commissioner of oaths, each supervisor of registration, registration officer and his or her assistant is deemed to be for the duration of the appointment, a justice of the peace or a commissioner of oaths, for the purposes of carrying out this Act.(8)Any appointment made under this section may at any time be withdrawn by the authority that made the appointment concerned.(9)With the necessary staff, vehicles and equipment, but subject to subsection (10), a registration officer may enter upon any land in the area for which he or she is appointed and on which there is or is suspected to be any person who is qualified for registration, for the purpose of registering any such person who may wish to apply for registration.(10)A registration officer may not enter upon any land or enter any building or structure on the land as contemplated in subsection (9) without the permission of its owner or occupier, or of the person in control of the land.(11)In order to register any person as a voter, the Chief Electoral Officer may require by notice in writing -
(a)to any person who employs or accommodates on any land any person who is or may be entitled to registration under this Act; or(b)to the person in charge of any person employed or accommodated on the land and who is or may be entitled to registration under this Act,the first-mentioned person referred to in paragraphs (a) and (b), to cause the persons so employed or accommodated to -
(ii)to be present at a time specified in the notice, at a place on the land to be determined by the first-mentioned person.
(12)The first-mentioned person referred to in subsection (11) must notify the registration officer specified in the notice referred to in that subsection before a time and in a manner so specified, of the place on the land where the persons employed or accommodated will assemble.(13)A notice referred to in subsection (11) may be signed on behalf of the Chief Electoral Officer by a supervisor of registration concerned authorised by the Chief Electoral Officer to do so.(14)The Commission must as soon as is practicable after an appointment has been made under this section, give public notice of the name and official address of the person so appointed.(15)A supervisor of registration, registration officer and assistant to a supervisor of registration or a registration officer must with regard to the exercising and performance of his or her powers and functions report to the chief regional officer concerned.25. General registration of voters
(1)For the purposes of any election under this Act, the first general registration of voters after the commencement of this Act must take place not later than 10 years after the last general registration of voters in terms of the repealed Act, during a period determined by the President by proclamation in the Gazette, and thereafter the general registration must take place at such intervals of not more than 10 years during a period similarly determined by the President by proclamation in the Gazette.(2)For the purposes provided in this Act, the President may from time to time by proclamation in the Gazette determine that a supplementary registration of voters must take place during any period specified in the proclamation in respect of Namibia or any part thereof.(3)The President may by proclamation in the Gazette alter any period determined under subsection (1) or (2) in respect of Namibia or any part thereof.(4)Despite anything to the contrary contained in this Act, the Commission may undertake any general registration of voters contemplated in this section by way of an electronic, digital or any similar voter registration system or any other voter registration system in the manner determined by the Commission, including -
(a)the manner of capturing information onto the system and the storing of information in the system;(b)the printing of voter registration cards; and(c)the safe custody of information stored in the system.26. Application for registration as voter
(1)If for the purposes of any voter registration a period is determined, any person who during the period is entitled or qualified to be registered as a voter must, if the person desires to be registered as a voter -
(a)for the elections referred to in section 22(1)(a) only, apply to any registration officer appointed at any registration point, to be so registered;(b)for an election referred to in section 22(1)(b) only, apply to a registration officer appointed for the regional council for the constituency in which the person is resident, to be so registered; and(c)for an election referred to in section 22(1)(c) only, apply to a registration officer appointed for the local authority area in which the person is resident, to be so registered,and the person must so apply, irrespective of whether or not his or her name has previously been included in a voters’ register in terms of this Act or any other law.
(2)Any person who applies for registration in terms of subsection (1) must -
(a)appear in person before the registration officer concerned or any other officer designated by the registration officer to have his or her photograph taken;(b)furnish the registration officer with the information necessary to complete the prescribed application form;(c)affirm, or on oath confirm, the declaration which appears on the application form and which is required to be made by the applicant; and(d)in the presence of the registration officer and in accordance with the written instructions of the supervisor of registration -
(i)sign the application form concerned; or(ii)if the applicant cannot, for any reason whatsoever, write or sign his or her name, place on the application form any finger print or mark as the registration officer may require.(3)A registration officer may not register any applicant as a voter under this Act, unless the applicant has submitted to the registration officer in the manner provided for in subsection (4), proof -
(a)of his or her identification;(b)that he or she has attained the age of 18 years;(c)that he or she is a Namibian citizen; and(d)that he or she complies with any requirement or qualification in relation to any residence referred to in section 22,and the registration officer may require the applicant to furnish such explanation, information or further particulars as may be necessary to establish the correctness of the particulars entered or to be entered on the relevant application form.
(4)Without derogating from the generality of subsection (3), an applicant is deemed to have complied with that subsection, if the applicant -
(a)in the case of paragraph (a) of that subsection, identifies himself or herself by means of -
(i)an identity document containing a photograph of him or her issued or deemed to be issued in terms of the Identification Act, 1996 (Act No. 21 of 1996);(ii)a valid ordinary Namibian passport;(iii)a valid driving licence or permit containing a photograph of him or her, issued in Namibia, accompanied by an official certified extract from any official birth register from which it appears that the applicant was born in Namibia or is a Namibian citizen; or(iv)statements under oath or affirmation made by two other registered voters having identified themselves to the registration officer concerned by producing any document referred to in subparagraph (i), (ii) or (iii), in which proof of the identity of the applicant is furnished;(b)in the case of paragraph (b) of that subsection, submits to the registration officer concerned any document referred to in paragraph (a)(i) or (ii) or any official certified extract from any official birth register in Namibia or of any other country from which it is evident that the applicant has reached the age of 18 years;(c)in the case of paragraph (c) of that subsection, submits to the registration officer -
(i)a certificate of Namibian citizenship issued under the Namibian Citizenship Act, 1990 (Act No. 14 of 1990);(ii)a valid ordinary Namibian passport;(iii)any official certified extract from any official birth register or any other official document referred to in paragraph (b)(i), from which it appears that the applicant was born in Namibia or that the applicant is a Namibian citizen; and(iv)for the purpose of subparagraph (iii), a statement under oath or affirmation made by the applicant declaring that he or she has not voluntarily renounced his or her Namibian citizenship in accordance with subsection (2) of section 8 of the Namibian Citizenship Act, 1990, or having so renounced it, he or she remained a Namibian citizen in accordance with subsection (5) of that section;(d)in the case of paragraph (d) of that subsection, submits to the registration officer -
(i)any document, statement, certificate or account as may be prescribed, which includes any document, statement, certificate or account as prescribed under Schedule 3; or(ii)a statement under oath or affirmation made by the applicant himself or herself, stating that he or she resides at the place of residence mentioned in the application form concerned.(5)Subsection (4) is not construed so as to prevent the registration officer concerned from requiring an applicant to furnish in relation to the matters referred to in that subsection, such explanation, information or further particulars as may be necessary to establish the correctness of the particulars contained in any certificate, statement or other document so referred to.(6)Despite anything to the contrary in this Act or any other law, a police officer who is of the opinion that there exists at a registration point a situation which threatens the -
(a)preservation of the internal security of Namibia;(b)maintenance of law and order;(c)investigation of any offence or alleged offence;(d)prevention of crime; or(e)protection of life and property,may close down, after consultation with the registration officer concerned, the registration point until the threat no longer exists.
27. Rejection of incomplete application form
A registration officer must reject an application form if the applicant concerned fails to comply with section 26(2).
28. Refusal to register applicant
(1)After having completed the prescribed application form in accordance with the information furnished by an applicant in terms of section 26, a registration officer must refuse to register the applicant for any of the elections in respect of which the applicant has applied in terms of that section, but has failed to comply with the requirements set out in that section.(2)A registration officer who refuses to register an applicant must -
(a)record the refusal on the application form and complete the prescribed refusal form;(b)furnish the applicant concerned with the application form accompanied by the refusal form; and(c)inform the applicant that he or she may, in accordance with section 29, appeal against the refusal to an electoral tribunal contemplated in section 29(1)(a) or (b).(3)At every registration point a registration officer must in the prescribed form -
(a)in addition to the refusal form referred to in sub-regulation (2), record all prescribed particulars of applicants whose application for registration as a voter has been refused and the reasons therefore; and(b)compile at the end of every day a list of all applicants whose application for registration as a voter have been refused.29. Appeal against refusal to register applicant
(1)A person whose application for registration has been refused under section 28 and who desires to appeal against the refusal, may, on the day, at the time and the place determined in terms of subsection (2) and of which he or she must be notified in writing, appeal against the refusal -
(a)to the electoral tribunal concerned in respect of the constituency or local authority area in respect of which the person has applied for registration; or(b)in the case of a person who has applied for registration at a registration point at any Namibian foreign mission, to the electoral tribunal concerned, by submission of his or her appeal to a staff member, other than the registration officer, appointed by the Commission by notice in the Gazette, on the recommendation of the Minister responsible for foreign affairs,in the manner prescribed by subsection (5).
(2)If the refusal contemplated in section 28 relates to the applicants application for registration in respect of both a constituency and a local authority area, the person may so appeal against the refusal to the electoral tribunal in respect of both the constituency and local authority area.(3)The electoral tribunal referred to in subsection (1) must determine the day, which day may not be later than 7 days after the date of the refusal, and the time and place for the hearing of an appeal referred to therein according to the rules and procedures of the electoral tribunal, but the rules and procedures of the electoral tribunal may provide for an extended period for appeals for refusal that emanate from registration periods outside Namibia.(4)Subsection (3) does not prohibit the electoral tribunal from hearing an appeal at any place or time determined by it and communicated to the person who wishes to appeal, or at any place where both the electoral tribunal and that person are at any time.(5)On a day, at a time and place determined in accordance with this section, the person who wishes to appeal (hereinafter called the appellant), must -
(a)appear in person before the electoral tribunal concerned;(b)submit the forms referred to in section 28(2)(b), to the electoral tribunal;(c)state the grounds on which he or she appeals against the refusal of his or her application; and(d)adduce such proof and make such statements he or she may wish to be considered in support of his or her appeal.(6)Subject to subsection (5), the hearing of the appeal may be conducted by the electoral tribunal in such manner as in its opinion is best calculated to enable it to arrive at a just decision in the matter.(7)Without derogating from the generality of subsection (6), the electoral tribunal may -
(a)call any person who is present to appear before him or her and require or allow the person to give such oral evidence or produce such other proof as in the opinion of the electoral tribunal may assist it in deciding the matter;(b)administer an oath or affirmation to any person appearing before it;(c)examine or allow the examination of any person so appearing;(d)postpone the hearing at any stage of the proceedings to a day determined by it, but which may not be more than five court days after the date on which the hearing was postponed.(8)An electoral tribunal must keep a record of the proceedings and the record must be attached to and form part of the relevant application form.(9)Subject to the proviso to Article 12(1)(a) of the Namibian Constitution, the hearing of an appeal must be open to the public.(10)An electoral tribunal may -
(a)allow an appeal heard by it under this section; or(b)dismiss the appeal, and may also dismiss it if the appellant fails to appear before it on any day determined for the hearing or further hearing under this section.(11)An electoral tribunal must record its decision under subsection (10) on the relevant refusal form.(12)If an electoral tribunal dismisses the appeal, it must keep the application and refusal forms in its custody.(13)If an electoral tribunal allows the appeal, it must forthwith refer the appellant to the chief regional officer concerned, and cause the application and refusal forms to be submitted to such chief regional officer.(14)Any appeal against any determination or decision of an electoral tribunal must be heard by the Electoral Court in accordance with the Rules of the Electoral Court and tribunals.30. Registration of applicant
(1)If the registration officer is of the opinion that an applicant qualifies to be registered as such, or if the applicant is a person referred to the registration officer concerned by the electoral tribunal under section 29(13), the registration officer must register, subject to the other provisions of this Chapter, the applicant in respect of the election for which he or she has so applied for registration as provided in section 26(1), by -
(a)duly completing, in accordance with the information contained in the application form;(b)requiring the applicant -
(i)to sign the voter registration card so completed in the space provided for that purpose;(ii)if the applicant cannot write his or her name, to place his or her finger print where possible or, as the case may be, a mark placed by the applicant on the application form in accordance with section 26(2)(d)(ii), on the registration form in the space provided for that purpose or in accordance with the instructions of the registration officer concerned;(iii)in the case of a registration by electronic or digital means, to submit to the taking of a digital image;(iv)in the case of a registration by electronic or digital means, to submit to the taking of digital fingerprints where possible;(c)after paragraphs (a) and (b) have been complied with, signing and issuing, in the manner determined by the Chief Electoral Officer, the voter registration card to the applicant.(2)If the applicant is a person who has been referred to the chief regional officer concerned by the electoral tribunal under section 29(13), the chief regional officer concerned must comply with subsection (1) even if he or she is not the chief regional officer who has refused the application in the first instance.(3)The chief regional officer concerned must as soon as is practicable after the registration of an applicant in terms of subsection (1) forward the application concerned to the supervisor of registration concerned.(4)As soon as is practicable after the close of the period determined for the registration of voters referred to in section 25, the supervisor of registration concerned must -
(a)in the prescribed form compile, from the applications received in terms of subsection (3) from a registration officer or officers, a voters’ list containing -
(i)the names, residential addresses, digital details as captured and voters’ registration numbers of all persons registered as voters;(ii)in the case of an election referred to in section 22(1)(a), the names, residential addresses and voters’ registration numbers of all persons registered at registration points as voters in respect of the election concerned;(iii)in the case of elections referred to in section 22(1)(b) and (c), the constituency or local authority area in respect of which those persons were registered; and(iv)in the case of any referendum referred to in section 22(1)(d), the names, residential addresses and voters’ registration numbers of all persons registered at registration points as voters in respect of the referendum;(b)forward the voters’ lists to the Chief Electoral Officer to be dealt with in accordance with section 31; and(c)forward the separate prescribed form and the list referred to in section 28(3)(a) and (b) respectively to the Chief Electoral Officer, who must aggregate all the numbers of applicants for registration as voters whose applications have been refused.31. Preparation and publication of provisional voters’ registers
(1)Upon receipt of the voters’ lists referred to in section 30(4), the Chief Electoral Officer must -
(a)in the prescribed form, cause to be prepared -
(i)in respect of the voters registered in respect of an election referred to in section 22(1)(a) at any registration point and the voters registered in respect of a constituency, a provisional national voters’ register; and(ii)in respect of the voters registered in respect of a local authority area, a provisional local authority voters’ register; andcontaining -
(aa)the names, residential addresses and voters’ registration numbers of all persons registered as voters;(bb)in the case of an election referred to in section 22(1)(a), the names, residential addresses and voters’ registration numbers of all persons registered at registration points as voters in respect of the election concerned; and(cc)the constituency or local authority area in respect of which voters were registered, and the total number of registered voters in respect of the constituency or local authority area concerned, as the case may be;(b)publish, at least 90 days before the polling day in the case of Presidential and National Assembly elections or at least 30 days before the before the polling day in the case of Regional Council and Local Authority elections, a notice in the Gazette specifying -
(i)the places at and times during which copies of the provisional registers are available for inspection by the public; and(ii)the period, which period may not be later than 14 days after the publication of the notice, within which objections may be made in respect of the names of voters appearing on any such register;(c)avail, upon request, free of charge -
(i)to every registered political party a copy of the provisional national voters’ register and provisional local authority voters’ register;(ii)to every registered organisation a copy of the part of the provisional local authority voters’ register which relates to the local authority area in respect whereof the organisation intends to participate in any election for members of a local authority council.(2)A provisional national voters’ register referred to in subsection (1)(a)(i) must also contain the names, residential addresses and voters’ registration numbers of all Namibian eligible voters in countries other than Namibia, including a total number of all the registered voters.32. Objections against name of person included in provisional voter’s register
(1)A -
(a)person whose name appears on a relevant provisional voters’ register referred to in section 31;(b)registered political party; or(c)registered political organisationmay lodge, within the period referred to in paragraph (b)(ii) of that section, with the electoral tribunal referred to in section 29(1), an objection in writing to the inclusion of the name of any other person on that register on the grounds that the other person -
(i)is not entitled or qualified by or under section 22 to be registered as a voter; or(ii)is not complying with the requirements in relation to residence as contemplated in that section.
(2)If the person referred to in subsection (1)(a) is outside Namibia the objection concerned must be submitted to the appointed staff member contemplated in section 29(1)(b).(3)If an objection is lodged under subsection (1) against any name of a person being included in a relevant provisional voter’ register, the electoral tribunal concerned must -
(a)if it is satisfied that the ground of the objection is not a ground on which the name could be excluded from the register, dismiss the objection;(b)if it is satisfied that the ground of the objection is a ground on which the name could be excluded from the register, forthwith serve or cause to be served a notice on the person whose registration is objected to, informing the person -
(i)of the objection and the nature thereof; and(ii)that the person may make representations to the electoral tribunal concerned in regard thereto within a period of 15 days after the date of the notice; and(c)upon expiration of the period referred to in paragraph (b), determine the objection.(4)An electoral tribunal may -
(a)allow the objection and direct the Chief Electoral Officer to exclude the name of the person against whom the objection was made, from the relevant provisional voters’ register; or(b)dismiss the objection.(5)The electoral tribunal concerned must notify in writing its decision regarding the objection to -
(a)any person or registered political party who under subsection (1) lodged an objection and under subsection (3)(b)(ii) made representations in connection with the objection; and(b)the Chief Electoral Officer.(6)If an objection has been allowed under subsection (4) and a request for the submission of a statement of the case -
(a)is not made under section 33(1) within three days after the date on which the objection was allowed; or(b)if so made, is refused in terms of subsection (2) of that section,the relevant voter registration card issued to the respondent ceases to be valid, whereupon the electoral tribunal concerned must forthwith inform the Chief Electoral Officer accordingly and transmit the voter registration card to the Chief Electoral Officer for cancellation.
(7)In subsection (1) and, in the case of subsection (3), in relation to the service of any notice referred to therein, “electoral tribunal” includes any member of the designated magistrate’s court staff authorised by the Magistrates Commission to act as presiding officers.(8)A -
(a)person whose name appears on a relevant provisional voters’ register referred to in section 31; or(b)registered political party or registered organisation,may lodge, within the period referred to in paragraph (b)(ii) of that section, with the electoral tribunal referred to in section 29(1), an objection in writing relating to -
(i)the spelling of any name or the incorrectness of any other data which appears on a relevant provisional voters’ register concerned; or(ii)the registration of a person as a voter which appear more than once.
33. Statement of case for decision by Electoral Court
(1)An electoral tribunal which -
(a)under section 29(10) dismissed the appeal of an appellant; or(b)under section 32(4) allowed or dismissed an objection,must, at the written request of the appellant, respondent or objector, transmit within seven days after its decision, and subject to subsection (2), a statement of the case to the clerk of the Electoral Court.
(2)The electoral tribunal referred to in subsection (1) must refuse a request made by -
(b)if the respondent was present when the objection was allowed or the objector when the objection was dismissed, by the respondent or objector,unless it is received by the Electoral Court within three days after the date on which the appeal was dismissed or the objection was allowed or dismissed.
(3)The statement of the case must -
(a)include an indication of the electoral tribunal’s decision in the relevant appeal or objection; and(b)be signed by the presiding officer concerned and by the appellant, the respondent or the objector.(4)The Electoral Court may -
(a)request, if the statement of the case appears to be defective, further information;(b)confirm, amend or set aside in open court the decision of the electoral tribunal concerned.(5)The clerk of the Electoral Court must transmit two certified copies of its decision to the electoral tribunal which transmitted the statement of the case and the Chief Electoral Officer.(6)A decision of the Electoral Court under subsection (4) setting aside the decision of the electoral tribunal concerned is for all purposes where the Tribunal had, by the decision so set aside, dismissed an appeal under section 29(10), deemed to be a decision of the Tribunal allowing the appeal under that section.34. Cancellation of voter registration card invalidated by electoral tribunal allowing objection
(1)If an objection has been lodged in terms of section 32 against the inclusion of the name of a person on the relevant provisional voters’ register, the person must surrender, unless the objection has been dismissed under that section, his or her voter registration card to the electoral tribunal to whom the objection was submitted or to any supervisor of registration or registration officer -
(a)if at any time it comes to the person’s knowledge that the objection has been allowed under that section; or(b)if ordered to do so by the electoral tribunal, supervisor of registration or registration officer concerned.(2)If the person referred to in subsection (1) fails to comply with an order made in terms of paragraph (b) thereof, the electoral tribunal, any supervisor of registration, registration officer or police officer may without a warrant seize the voter registration card concerned or cause it to be so seized.(3)The electoral tribunal, supervisor of registration, registration officer or police officer to whom the voter registration card is surrendered or who seizes it or causes it to be seized under this section must forward the voter registration card without delay to the Chief Electoral Officer.(4)If a voter registration card which in terms of section 32 ceased to be valid, comes into the possession of the Chief Electoral Officer at any time, the Chief Electoral Officer must cancel the voter registration card, unless the electoral tribunal’s decision as a result of which the voter registration card ceased to be valid, has been set aside under section 33.(5)This section applies with the necessary changes in relation to any decision of the Electoral Court referred to in section 33 which has the effect that the name of the person referred to in subsection (1) must be removed from the relevant provisional voters’ register, as if it were a decision of the electoral tribunal concerned in allowing the objection under section 32(3).35. Replacement of voter registration card
(1)Upon application by a person whose voter registration card has been lost, destroyed, has for any reason become illegible or contains a defect or error, a chief regional officer may issue to the person a duplicate voter registration card in the prescribed form if the chief regional officer is reasonably satisfied as to -
(a)the identity of the person;(b)the facts and circumstances relating to the loss, destruction or becoming illegible of the voter registration card; andbut a duplicate voter registration card may not be issued on any day determined as a polling day in respect of any election concerned.
(2)If an application referred to in subsection (1) is made by reason of the illegibility of the voter registration card, a chief regional officer may not consider the application, unless the illegible voter registration card is surrendered to him or her.(3)A chief regional officer who decides to issue a duplicate voter registration card must cancel any voter registration card surrendered in terms of subsection (2).(4)A chief regional officer may in writing delegate his or her power to issue duplicate voter registration cards under subsection (1) to any staff member or temporary staff member, but a chief regional officer is not divested of any power so delegated.36. Preparation, certification and publication of voters’ registers
(1)As soon as practicable after the expiration of the period referred to in section 31(b)(ii) provided for the lodging of objections against the inclusion of the names of persons on a relevant provisional voters’ register, the Chief Electoral Officer must -
(a)in the prescribed form cause, with due regard to any voter registration card which has ceased to be valid, to be prepared -
(i)in respect of the voters registered in respect of an election referred to in section 22(1)(a) at any registration point and the voters registered in respect of a constituency, a national voters’ register; and(ii)in respect of the voters registered in respect of a local authority area, a local authority voters’ register,containing -
(aa)the names, residential addresses, digital details captured and voters’ registration numbers of all persons registered as voters;(bb)in the case of an election referred to in section 22(1)(a), the names, residential addresses and voters’ registration numbers of all persons registered at registration points as voters in respect of the election concerned; and(cc)the constituency or local authority area in respect of which voters were registered, and the total number of registered voters in respect of the constituency or local authority area concerned, as the case may be;(b)certify the relevant voters’ register referred to in paragraph (a) of this subsection in the prescribed manner.(2)A national voters’ register referred to in subsection (1)(a)(i) must also contain the names, residential addresses and voters’ registration numbers of all Namibian eligible voters in countries other than Namibia, including a total number of all the registered voters.(3)If any appeal or objection has not been disposed of at the time of the certification referred to in subsection (1)(b), the Chief Electoral Officer must -
(a)in the case of the appeal, upon notification in writing that the appeal has been allowed, include the name of the applicant in the relevant voters’ register;(b)in the case of the objection, endorse the register to the effect that an objection to the inclusion of the name of the person concerned has been lodged, and upon notification in writing that the objection was allowed, remove the name of the person from the register.(4)The Chief Electoral Officer must as soon as is practicable after the certification of a relevant voters’ register forward a copy thereof to the Commission, whereupon the Commission must -
(a)publish a notice in the Gazette -
(i)stating that a relevant voters’ register has been completed and certified by the Commission; and(ii)specifying the places where copies thereof are kept for inspection by the public;(b)cause to be transmitted to every chief regional officer and supervisor for registration points abroad for -
(i)a constituency, a copy of the part of the national voters’ register that relate to the constituency;(ii)both a constituency and a local authority area or part thereof, a copy of the part of the national voters’ register and of the local authority voters’ register that respectively relate to the constituency and the local authority area; or(iii)a registration point at Foreign Missions, a copy of the part of the national voters’ register that relate to the temporary registration point.(5)Upon the date of publication by the Commission of a notice referred to in subsection (4)(a), every voters’ list and every provisional voters’ register ceases to be of any force and effect, and thereupon the relevant voters’ register is the voters’ register for the respective registration points, constituencies or local authority areas.(6)Upon the publication of the notice contemplated in subsection (4)(a), the Chief Electoral Officer must avail free of charge every political party with a copy of every voters’ register referred to therein.(7)Subject to section 43(1), the names of voters remain included in a voters’ register for a minimum period of five years.(8)A chief regional officer must in respect of his or her region upon application, in a manner determined by the Commission, and against payment of the prescribed fee, make available hard copies of voters’ registers to contestants, political parties, organisations, associations, independent candidates, the general public, the media, accredited observers and other stakeholders.37. Voters’ registers to be kept for inspection by public
(1)Every voters’ register is kept for inspection by the public at the offices of the Commission.(2)Any person desiring to inspect any voters’ register is entitled to do so during the office hours of the Commission.(3)The Chief Electoral Officer must -
(a)provide, or cause to be provided, at the offices of the Commission and its regional offices, against payment of the prescribed fees, easy access to voters’ registers in print and electronic, digital or any similar format;(b)at the request of any member of the public provide to the member an electronic, digital or any similar copy of a voters’ register,but the Commission may impose reasonable restrictions regarding the manner of access to a voters’ register.
38. Supplementary registration of voters
(1)The President, upon the recommendation of the Commission, may determine that a supplementary registration of voters must take place as contemplated in section 25(2) for the purposes of the inclusion in any voters’ register under this Act of persons who qualify to be registered as voters and who have not or could not so have registered in the last general registration in respect of which that register was prepared.(2)If a supplementary registration has been determined as contemplated in subsection (1), section 26 up to and including section 34 apply with the necessary changes in relation to the supplementary registration, as if it were a general registration determined in respect of the persons.(3)Persons who are entitled and qualified to be registered as voters in respect of any new local authority area established after the last general registration of voters in respect of which a relevant voters’ register was prepared as referred to in subsection (1), are deemed, for the purposes of subsections (1) and (2), to be persons who, for the purposes of the inclusion in that voters’ register, have not or could not so have registered in that last general registration as contemplated in subsection (1).(4)Despite anything to the contrary in this Act, the Commission may undertake any supplementary registration of voters contemplated in this section by way of an electronic, digital or any similar voter registration system or any other voter registration system in the manner determined by the Commission, including -
(a)the manner of capturing information onto the system and the storing of information in the system;(b)the printing of voter registration cards; and(c)the safe custody of information stored in the system.39. Continuous registration of voters
(1)For the purposes of the inclusion in any voters’ register of persons who are qualified for registration as voters but are not so registered, any such person may apply for his or her registration within Namibia, if not during any subsequent general registration or supplementary registration, at any other time, except during a period of suspension contemplated in subsection (4).(2)Sections 26, 27, 28, 29, 30 (but subject to subsection (3)), 31 (except paragraph (b) thereof), 32, 33 and 34 apply with the necessary changes in relation to applications referred to in subsection (1) as they apply to applications for registration made during a general registration of voters.(3)In the application of section 30(4), as applied by subsection (2), a voters’ list as contemplated in that section must be compiled, subject to subsection (6) (a), by a chief regional officer for each month and be forwarded to the Chief Electoral Officer not later than the fifteenth day of the following month.(4)The continuous registration of voters is suspended -
(a)in respect of a general registration of voters determined to take place under section 34(1), from the date of publication in the Gazette of the proclamation under that section, until the expiry of a period of 30 days from the date of publication in the Gazette of the notice contemplated in section 36(3)(a) in relation to the general registration, and is so suspended for the whole of Namibia; and(b)during any election in terms of section 63(1) or any by-election in terms of section 63(2), from the date that the proclamation under section 64(1) in relation to the election or by-election is published in the Gazette, up to and including the sixtieth day after the close of the poll in the election or by-election, whichever is applicable, and is so suspended -
(i)in the case of an election in terms of section 63(1), for the whole of Namibia; and(ii)in the case of a by-election in terms of section 63(2), for every constituency in respect of which the by-election is held.(5)The Commission may from time to time suspend, in respect of any constituency or for the whole of Namibia, the continuous registration of voters for as long as it may think necessary.(6)Subject to subsection (7)(b), the Chief Electoral Officer must keep every provisional voters’ register prepared in accordance with section 31 from the monthly voters’ list contemplated in subsection (3), available for inspection by the public -
(a)at his or her office; and(b)if the Commission so determines, at the other place or places as must be specified by the Chief Electoral Officer by notice in the Gazette,during the first seven working days of the second month following on the month in respect of which the provisional voters’ register was prepared.
(7)If a suspension of the continuous registration occurs by virtue of subsection (4) -
(a)every supervisor of registration concerned must, despite subsection (3), immediately upon the commencement of the period of suspension compile and forward to the Chief Electoral Officer the voters’ list for the portion of the month preceding the date of the commencement and, unless it has already been forwarded to the Chief Electoral Officer, also the voters’ list for the preceding month as required by subsection (3);(b)the Chief Electoral Officer must keep every provisional voters’ register prepared in accordance with section 31 from the voters lists referred to in paragraph (a), available for inspection by the public -
(i)at his or her office; and(ii)if applicable, at the place or places as may have been specified in a notice referred to in subsection (6)(b),for a period of 7 days commencing on the first working day following on the expiry of the period of 14 days from the date on which the suspension of the continuous registration commenced.
(8)The period of 7 days during which a provisional voters’ register is available for inspection in accordance with subsection (6) or (7)(b), is for the purposes of section 32(1) the period within which an objection may be lodged under that section.(9)Despite anything to the contrary contained in this Act, the Commission may undertake any continuous registration of voters contemplated in this section by way of an electronic, digital or any similar voter registration system or any other voter registration system in the manner determined by the Commission, including -
(a)the manner of capturing information onto the system and the storing of information in the system;(b)the printing of voter registration cards; and(c)the safe custody of information stored in the system.40. Notification of change in place of residence
A voter who -
(a)has been registered in respect of a particular constituency or local authority area; and(b)has moved to another constituency or local authority area,
must notify in writing, for the purposes of section 43, the Chief Electoral Officer thereof as soon as is practicable after the move.
41. Application for registration in another constituency or local authority area
(1)A voter referred to in section 40 who becomes entitled or qualified to be registered as a voter in respect of any other constituency or local authority area -
(a)must apply, subject to subsection (2), to the registration officer concerned in the form determined by the Chief Electoral Officer, to be so registered;(b)must when so applying, surrender to the registration officer the voter registration card previously issued to the voter in terms of section 30(1).(2)An application for registration in terms of subsection (1) may not be made during a period contemplated in section 39(4).(3)Sections 28(1) and 30(1) apply with the necessary changes in respect of an application referred to in subsection (1).42. Information on registered deaths to be furnished to Chief Electoral Officer
(1)Despite anything to the contrary contained in any law, any registrar of birth and deaths must transmit, not later than the fifteenth day of each month, to the Chief Electoral Officer a return containing the particulars referred to in subsection (2).(2)A return referred to in subsection (1) must contain in respect of any person older than 18 years whose death during the preceding month was registered by or under any law governing the registration of deaths in Namibia -
(a)the last residential and postal address of the person; and(b)the other particulars which the Chief Electoral Officer, after consultation with the registrar referred to in subsection (1), may determine.(3)For the purposes of this section, a “registrar of births and deaths” -
(a)means a registrar of births and deaths defined in section 1 of the Births, Marriages and Deaths Registration Act, 1963 (Act No. 81 of 1963); and(b)includes an assistant registrar of births and deaths defined in that section and any staff member or member of the Namibian Police Force designated by the registrar concerned to perform the functions imposed upon the registrar by that section.43. Amendment of voters’ registers
(1)The voters’ registers prepared in terms of section 36 may only be amended by the Chief Electoral Officer to -
(a)add the name, voter registration number and other particulars of any person -
(i)whose inclusion in the relevant voters’ register has subsequently been accepted by virtue of any supplementary registration or in accordance with the process of continuous registration;(ii)whose name was erroneously or contrary to this Act omitted or removed from or refused to be included in the register concerned; or(iii)whose application for registration in terms of section 41 is accepted by the Chief Electoral Officer;(b)remove the name and particulars of any deceased voter or any person -
(i)who since his or her name was included in the register concerned has become deceased;(ii)whose name was erroneously or contrary to this Act included in the register concerned; or(iii)whose name was in terms of paragraph (a)(iii) added under another constituency or local authority area in the register concerned;(c)transfer the name and other particulars of any person whose name was erroneously or contrary to this Act included in the register concerned, under any particular constituency, local authority area, to the appropriate constituency or local authority area, as the case may be;(d)correct any error on the register concerned in the name, voter registration number or other particulars of a person, supplying any omission in the name, number or particulars or recording any change in the name, number or particulars; or(e)remove any superfluous entry in the register concerned if the name of the same person appears more than once in the register.(2)If the Chief Electoral Officer removes under subsection (1) from a register concerned a name which is not the name of a fictitious or deceased person, the Chief Electoral Officer must -
(a)inform the person concerned by notice directed to the address of the person appearing in the register; and(b)state the reason for the removal.(3)The Chief Electoral Officer must publish, when determined by the Commission, a notice in the Gazette and in at least two daily newspapers circulating throughout Namibia which contains the names of the persons -
(a)who have been added to a voters’ register in terms of section 43(1)(a);(b)who have been removed from a voters’ register in terms of section 43(1)(b);(c)who have been transferred to a voters’ register in terms of section 43(1) (c);(d)in respect of which an error has been corrected in terms of section 43(1) (d); and(e)in respect of which any superfluous entry has been removed in terms of section 43(1)(e).(4)A voters’ register which has been amended in terms of subsection (1) must be used in any by-election concerned until a new voters’ register has been prepared in terms of section 36.44. Return or surrender of voter registration cards
If the name, voter registration number and other particulars of any person -
(a)are added to a relevant voters’ register in terms of section 43(1)(a)(ii), the Chief Electoral Officer must -
(i)if no voter registration card has been issued to the person, issue or cause to be issued a voter registration card to the person; or(ii)if a voter registration card has already been surrendered by the person, cause it to be returned to the person;(b)are removed from a voters’ register concerned in terms of section 43(1) (b), the Chief Electoral Officer must request the person, if the person is not a deceased person, by notice served upon him or her, to surrender the voter registration card concerned within a period determined by the Chief Electoral Officer and specified in the notice, to the Chief Electoral Officer or to any supervisor of registration, registration officer or staff member so specified;(c)are transferred in terms of section 43(1)(c), the Chief Electoral Officer must request the person by notice served upon the person, to surrender his or her voter registration card within the period so determined by the Chief Electoral Officer and specified in the notice, to the Chief Electoral Officer or to any supervisor of registration, registration officer or staff member so specified, in order to be issued with a new voter registration card containing the correct and complete particulars of the person.
45. Voter to establish that his or her name has been included in voters’ registers
It is at all times the duty of any person who is qualified to be registered as a voter and who has applied for registration, to ascertain whether his or her name has been included in a voters’ register, and if it is not the case, to take the necessary steps to have it so included in accordance with this Act.
46. Voters’ registers not invalidated by reason of errors
If through accident, inadvertence or oversight anything required by law to be done in the preparation of any voters’ register is erroneously done or omitted to be done, the voters’ register concerned is not invalidated thereby and the Chief Electoral Officer may at any time take or cause to be taken the steps as are necessary to rectify the error or omission.
47. Adjustment of voters’ register on alteration of constituencies
(1)If by reason of any new determination or division of constituencies in terms of this Act or any other law any portion of a constituency as existing before the determination or division is allocated to another constituency, the Chief Electoral Officer must prepare, from the current voters’ register concerned which was prepared on the basis of the last previous determination or division, as amended from time to time in terms of this Act, a voters’ register on the altered constituencies.(2)A relevant voters’ register prepared under subsection (1) comes into operation on the date on which the alteration of the constituencies comes into operation at the next general election in respect of which the current voters’ register concerned was prepared.(3)A voters’ register prepared on the basis of the last previous determination or division referred to in subsection (1) must be retained and is the relevant voters’ register to be used in any by-election concerned until the alteration of the constituencies comes into operation at the next general election concerned.(4)The Chief Electoral Officer must publish, as soon as possible after the preparation of a voters’ register under subsection (1), a notice in the Gazette and in at least two daily newspapers circulating throughout Namibia that the voters’ register has been prepared.48. Powers of Chief Electoral Officer to demand particulars
The Chief Electoral Officer may require at any time by notice in writing any person, whether the person is registered or not as a voter, to furnish, in the manner and within the period specified in the notice, the particulars as the Chief Electoral Officer -
(a)may demand in the notice; and(b)which are relevant to the registration or continued registration of the person or any other person.
Part 3 – VOTER AND CIVIC EDUCATION
49. Voter and civic education
(1)The Commission must, when supervising, directing, controlling and promoting voter and civic education -
(a)pursue the objective to make the meaning and purpose of elections well understood by the electorate;(b)create public awareness on elections, democracy building and political tolerance;(c)develop, revise and update voter and civic education materials on a continuous basis;(d)establish regional advisory committees and voter and civic education offices to decentralise the distribution of voter and civic education materials and to increase local participation;(e)design a multi-media campaign strategy that identifies information channels;(f)encourage civic organisations, the media and political parties to support the voter and civic education program of the Commission;(g)monitor and conduct formative evaluation research to determine the impact of the voter and civic education;(h)ensure that voter and civic education particularly addresses the young population; and(i)cooperate with the -
(i)Ministry responsible for education regarding the development of a syllabus for learners which includes material relating to voter and civic education; and(ii)Ministry responsible for information regarding involvement in voter and civic education.(2)When conducting voter and civic education the Commission must take into account the Bill of Fundamental Voters’ Rights and Duties.50. Establishment of division of voter and civic education
The Commission must -
(a)establish a permanent division of voter and civic education in the Directorate and enhance the activities of the division;(b)appoint electoral education and information staff members in each region and locate them in the office of the chief regional officer concerned; and(c)duly train the electoral education and information staff members in relation to their tasks in order to enable them to not only conduct voter and civic education, but also to spread voter and civic education to the grass-roots level.
51. Accreditation of persons providing voter and civic education
(1)Subject to section 54, any natural or juristic person, other than a registered political party or registered organisation, may apply to the Commission in the prescribed manner for accreditation to provide voter and civic education to the general public for or in respect of any election or referendum.(2)The Commission may require further information in support of an application referred to in subsection (1).(3)After considering -
(a)an application referred to in subsection (1);(b)any further information provided by the applicant under subsection (2); and(c)whether -
(i)the services provided by the applicant meets the standards of the Commission;(ii)the applicant is able to conduct its activities effectively;(iii)the applicant or the persons appointed by the applicant to provide voter and civic education -
(aa)can do so in a manner that is impartial and independent of any registered political party or registered organisation or candidate contesting the election;(bb)is or are competent to do so; and(cc)will subscribe to the Code of Conduct referred to in section 52; and(iv)the accreditation of the applicant will promote voter and civic education and conditions conducive to free and fair elections and referenda,the Commission may direct the Chief Electoral Officer to accredit an applicant to provide voter and civic education for or in respect of the election or referendum, and determine the conditions of accreditation.
(4)If the Commission decides not to accredit an applicant, the Chief Electoral Officer must advise the unsuccessful applicant in writing of its decision.(5)If the Commission decides to accredit the applicant, the Chief Electoral Officer must -
(a)enter the name of the applicant in the register of persons accredited to provide voter and civic education for or in respect of elections or referenda;(b)issue a certificate of accreditation in the name of the applicant stating -
(i)the period within which the applicant may provide the voter and civic education; and(ii)the conditions of accreditation;(c)keep two copies of the certificate at the head office of the Commission; and(d)send the certificate to the applicant.(6)Any person may inspect the register and copies of the certificates of persons accredited to provide voter and civic education for or in respect of any election or referendum.(7)The Chief Electoral Officer must provide a certified copy of, or extract from, the register or a certificate referred to in subsection (6) to any person who has paid the prescribed fee.(8)The Commission must prescribe guidelines for the purposes of voter and civic education, and approve all material developed for the purposes of conducting voter and civic education prior to such materials being disseminated accordingly.52. Code of Conduct Governing Persons Accredited to Provide Voter and Civic Education
In order to promote voter and civic education, the Commission must issue within three months after the commencement of this Act, by notice in the Gazette, a Code of Conduct Governing Persons Accredited to Provide Voter and Civic Education for or in respect of elections or referenda.
53. Contravention of or failure to comply with conditions of accreditation or Code of Conduct Governing Persons Accredited to Provide Voter and Civic Education
If a person accredited to provide voter and civic education for or in respect of an election or a referendum contravenes or fails to comply with the conditions of the accreditation or the Code of Conduct referred to in section 52, the Commission may cancel, after having given the person an opportunity to be heard, the accreditation concerned or suspend the accreditation until the conditions are met.
54. Voter and civic education by registered political parties and registered organisations
A registered political party or registered organisation may provide voter and civic education to its members, supporters and sympathisers in respect of any election or referendum, but is not subject to any condition or Code of Conduct referred to in section 52.
Part 4 – OBSERVERS
55. Invitation of observers and electoral observer mission by Commission
(1)The Commission -
(a)may out of its own motion invite organisations, institutions and persons to observe any election or referendum;(b)from the date on which Namibia becomes bound by the African Charter on Democracy, Elections and Governance, must notify in writing the Minister responsible for foreign affairs that the Minister must as contemplated in Article 19(1) of that Charter -
(i)inform the Commission of the African Union of scheduled elections or referenda in Namibia; and(ii)invite that Commission to send an electoral observer mission to the election or referendum concerned.(2)An observer of an invited organisation, institution, juristic person and an electoral observer mission referred to in subsection (1) must be accredited by the Commission and has the same powers and functions as an accredited observer.56. Accreditation of observers
(1)Any person may apply in the prescribed manner to the Commission for accreditation to observe an election or referendum.(2)The Commission may require further information in support of an application referred to in subsection (1).(3)After considering an application referred to in subsection (1) and any further information provided by the applicant under subsection (2) and whether -
(a)the accreditation of the applicant will promote conditions conducive to free and fair elections or referenda; and(b)the persons appointed by the applicant -
(i)can observe that election or referendum impartially and independently of any registered party or candidate contesting that election;(ii)will be competent and professional in observing that election or referendum; and(iii)will subscribe to a Code of Conduct referred to in section 57,the Commission may direct the Chief Electoral Officer to accredit an applicant to observe an election or referendum, and determine the conditions of accreditation.
(4)If the Commission decides not to accredit an applicant, the Chief Electoral Officer must advise the unsuccessful applicant in writing of its decision.(5)If the Commission decides to accredit the applicant, the Chief Electoral Officer must -
(a)enter the applicant’s name in the register of persons accredited as observers;(b)issue a certificate of accreditation in the applicant’s name, stating -
(i)the period within which the applicant may observe the election or referendum; and(ii)conditions of accreditation; and(c)keep two copies of the certificate at the head office of the Commission; and(d)send the certificate to the applicant.(6)Any person may inspect the register and copies of the certificates of persons accredited as observers.(7)The Chief Electoral Officer must provide a certified copy of, or extract from, the register or a certificate to any person who has paid the prescribed fee.57. Code of Conduct Governing Accreditation to Observe Election and Persons Accredited as Observers
In order to promote conditions conducive to free and fair elections or referenda, the Commission must issue within three months after the commencement of this Act, by notice in the Gazette, a Code of Conduct Governing Accreditation to Observe Election and Persons Accredited as Observers.
58. Powers and functions of accredited observers
(1)A person appointed by an accredited observer and an observer of an invited organisation, institution, juristic person and an electoral observer mission referred to in section 55(1) may observe, in relation to the election or referendum for which the observer is accredited, matters relating to -
(a)voting and voting materials;(b)the counting of votes;(c)the determination of the result of a poll and the announcement of the results of an election or referendum; and(d)if the person or observer so wishes, all stages of the electoral process, such as -
(i)the registration of voters;(ii)the preparations for elections and referenda;(iii)the training of staff members or temporary staff members, persons referred to in section 18(17)(b) or 24(3) as electoral and referenda officials; and(iv)compliance with the Code of Conduct Governing Accreditation to Observe Election and Persons Accredited as Observers.(2)Whilst observing an election or a referendum, a person appointed by an accredited observer and an observer of an invited organisation, institution, juristic person and an electoral observer mission referred to in section 55(1) must wear the prescribed identification indicating that the person and observer is representing an accredited observer.(3)A person appointed by an accredited observer and an observer of an invited organisation, institution, person and an electoral observer mission referred to in section 55(1) must comply with any order issued by -
(a)a returning officer, presiding officer, polling officer or counting officer; or(b)a member of the Namibian Police Force acting on the instructions of a returning officer, presiding officer, polling officer or counting officer.59. Contravention of or failure to comply with conditions of accreditation or Code of Conduct Governing Accreditation to Observe Elections and Persons Accredited as Observers
If a person accredited as an observer contravenes or fails to comply with the conditions of the accreditation or the Code of Conduct Governing Accreditation to Observe Elections and Persons Accredited as Observers, the Commission may cancel, after having given that person an opportunity to be heard, the accreditation concerned or suspend the accreditation until the conditions are met.
60. Behaviour rules for observers
(1)Any observer, electoral observer mission invited or an observer accredited by the Commission must -
(a)abide by the Namibian Constitution and other Namibian laws;(b)respect the cultures and traditions of Namibia;(c)declare any conflict of interest prior to taking part in the mission;(d)remain strictly impartial and unbiased;(e)refrain from actions that could lead to the perception of sympathy for a particular candidate or political party;(f)refrain from wearing any party symbols or colours;(g)support the enhancement of and respect the basic social, political, legal and other human rights in Namibia;(h)inform the Commission of any observed irregularities or malpractices in the electoral process;(i)refrain from making public statements relating to election results until after the election referendum; and(j)sign the Code of Conduct Governing Accreditation to Observe Election and Persons Accredited as Observers.(2)The Observer Mission of the African Union is exempted from complying with subsection (1)(j).61. Training of observers
The Commission -
(a)may offer training courses for observers; and(b)may compile in conjunction with the Namibia Institute for Public Administration and Management a training manual and training material in that regard.
62. Report by observer
(1)An observer must submit, within one month after the results of the election or referendum concerned has been officially made known, an observation report to the Chairperson of the Commission.(2)The Commission may -
(a)study a report referred to in subsection (1) and discuss same with the Directorate in detail and, if necessary, with the observer concerned; and(b)thoroughly consider critical remarks and suggestions of improvement relating to an election concerned.Part 5 – CONDUCT OF ELECTIONS
1 – Preliminary arrangements
63. General elections and by-elections
(1)A general election must take place -
(a)for the election of the President -
(i)on a date not earlier than five months and not later than three months prior to the date on which the term of office of the President expires as contemplated in Article 29(1)(a) of the Namibian Constitution; or(ii)in the event of the dissolution of the National Assembly as contemplated in Article 29(1)(b) read with Article 57(2) of the Namibian Constitution, on a date within the period required by Article 57(2) that a national election as contemplated in that Article must take place;(b)for the election of members of the National Assembly -
(i)on a date not earlier than five months and not later than three months prior to the date on which the term of office of members expires by effluxion of time as contemplated in Article 50 of the Namibian Constitution; or(ii)in the event of the dissolution of the National Assembly as contemplated in Article 57(2) read with Article 50 of the Namibian Constitution, on a date within the period required by Article 57(2) of the Namibian Constitution must take place;(c)subject to section 80(7), for the election of members of regional councils, on a date determined in accordance with section 7 of the Regional Councils Act; or(d)subject to section 88, for the election of members of local authority councils, on a date determined in accordance with section 8 of the Local Authorities Act, 1992 (Act No. 23 of 1992).(2)If a casual vacancy occurs -
(a)in the office of the President and any vacancy which so occurred is, by virtue of Article 29(4) of the Namibian Constitution required to be filled by election, a by-election must take place on a date determined within the period referred to in that Article;(b)in any regional council and any vacancy which so occurred is, by virtue of section 10(3) of the Regional Councils Act, required to be filled by election, a by-election must take place in the constituency in respect of which the vacancy in that council occurred, on a date determined in accordance with that section within the period referred to in that section.(3)If a vacancy as contemplated under Article 29(4)(b) of the Namibian Constitution occurs, the Attorney-General, must within 14 days, notify in writing the Chairperson of the Commission, and the Commission must forthwith give notice in the Gazette that -
(a)a vacancy in the office of President has occurred; and(b)the date on which it occurred.(4)Subject to section 88, any -
(a)first election of members of a local authority council for a local authority area established under section 3(1) of the Local Authorities Act, 1992;(b)election of members of a local authority council dissolved in terms of section 92(2) of that Act,which is to take place before the date on which any general election of members of local authority councils is to be held as contemplated in section 8 of that Act, is deemed for all purposes, but without derogating from that section, to be a general election for the local authority area concerned on a date determined in accordance with section 3(4)(a) or 92(4) of that Act, in respect of that area.
64. Determination of days for submission of nominations of candidates and polling days for elections
(1)If a general election or by-election is to take place in accordance with section 63, the President must by proclamation in the Gazette make known -
(a)in the case of any such election -
(i)for the President or members of the National Assembly, in respect of Namibia;(ii)for any member of any regional council, in respect of each constituency in respect of which the election is to take place;(iii)for members of any local authority council, in respect of the local authority area in respect of which the election is to take place,a date determined by the President, upon recommendation by the Commission, upon which the submission of nominations of candidates must take place and the place at which it must so take place;(b)subject to subsections (2) and (6), the day determined by the President, upon recommendation by the Commission, upon which a poll must be taken in the election; and(c)the -
(i)name or office of the person appointed in terms of section 65 as returning officer in the election; and(ii)if the nomination of candidates must be submitted under this Act to any person or body other than the returning officer so referred to, then also the name or office of that person or body, as the case may be.(2)Despite anything to the contrary in this Act, an election for the President or for members of the National Assembly taking place at polling stations -
(a)outside of Namibia must be held 14 days;(b)in the instance of persons who are on board any vessel within the waters of the territorial sea of Namibia, the contiguous zone of Namibia and the exclusive economic zone of Namibia, as defined in sections 2, 3A and 4, respectively, of the Territorial Sea and Exclusive Economic Zone of Namibia Act, 1990 (Act No. 3 of 1990), must be held at a harbour town within Namibia during a period determined by the Commission by notice in the Gazette, which period may not be longer than 30 days and not shorter than 14 days, and(c)in the instance of persons who are members of the police force, defence force and correctional services and who are required to be on duty within or outside Namibia, must be held during a period determined by the Commission with concurrence of the Security Commission,before the polling day determined therefore in terms of subsection (1)(b) upon which a poll must be taken in respect of the election at polling stations inside Namibia, but for purposes of section 89(7), reference to “polling period” means the period determined by the Commission in paragraph (b).
(3)Any day determined under -
(a)subsection (1)(a) must be a day not less than 15 days and not more than 20 days after the day on which the proclamation referred to in subsection (1) is published in the Gazette;(b)subsection (1)(b) must be a day not less than 40 days and not more than 45 days after the nomination day.(4)An election is deemed to commence on the day stipulated in the proclamation referred to in subsection (1) which is published in the Gazette in relation to the election.(5)For the purposes of this Act, any day determined for any election referred to in section 63(1)(c) and (d), (2)(b) and (4), as the case may be, is deemed to be the polling day determined for the election under subsection (1)(b).(6)Any day determined under subsection (1)(b) for an election of the President or members of the National Assembly is a public holiday.65. Appointment of returning officers and other election officers
(1)The Commission must appoint, subject to subsection (9) -
(a)in the case of any election -
(i)for the President or members of the National Assembly, for each constituency and for the polling stations outside Namibia jointly;(ii)for any member of a regional council, for a constituency;(iii)for members of a local authority council, for a local authority area,a returning officer who has, subject to the direction and supervision of the Chief Electoral Officer, the powers and functions as may be conferred or imposed on him or her by or under this Act, and such additional returning officers or assistant returning officers for a constituen cy or a local authority area as the Commission may determine;
(b)as counting officers the number of persons as it may deem necessary for the purpose of assisting any person who in terms of this Act is charged with the counting of votes at a polling station;(c)a presiding officer for each polling station who is in control thereof;(d)as many polling officers as may be necessary to facilitate the taking of the poll at a polling station,but the same person may be appointed returning officer for a constituency and a local authority area referred to in paragraph (a).
(2)The Commission must ensure that the various officers appointed under subsection (1) -
(a)are well trained and have passed the numeracy, literacy and eligibility tests determined by the Commission; and(b)in the case of returning officers and presiding officers, have demonstrated their knowledge, expertise, management, administrative, communication and mediating abilities and skills during previous elections.(3)Any person appointed under subsection (1) is entitled to remuneration or allowances or both remuneration and allowances -
(a)under the circumstances;(c)in respect of the services rendered by him or her;as may from time to time be determined by the Commission, with the concurrence of the Minister responsible for finance.
(4)Different circumstances, basis, services or tariffs may be determined under subsection (3) -
(a)in respect of the different offices provided for in subsection (1);(b)in respect of persons appointed to the offices who are in the full-time service of the State and persons so appointed who are not in the full-time service of the State; or(c)in respect of work done under different circumstances or in different areas.(5)The Commission may delegate any power conferred upon it by subsection (1) to the Chief Electoral Officer who may, to the extent determined by the Commission, authorise any returning officer or presiding officer concerned to exercise any power so delegated to him or her under paragraph (b), (c) or (d) of that subsection.(6)The authority who made any appointment under subsection (1) may at any time withdraw the appointment concerned.(7)The Commission must as soon as is practicable after an appointment has been made under subsection (1) give or cause to be given public notice of the name and official address of a person so appointed.(8)Every returning officer, presiding officer or polling officer is competent, by virtue of his or her appointment under subsection (1), to administer an oath or affirmation of any other person for the purposes of this Act.(9)An office-bearer of a political party may not be appointed as a returning officer, a counting officer, a presiding officer or a polling officer under subsection (1).66. Election agents of registered political parties and registered organisations and candidates
(1)A -
(a)registered political party or registered organisation; or(b)in the case where the nomination of an independent candidate is permitted in terms of this Act, the candidate,may appoint, subject to subsection (2), the number of persons as may be prescribed as election agents for a polling station in the election concerned.
(2)A person may not be appointed or act as an election agent if the person -
(a)is a candidate for the election concerned;(b)has not attained the age of 18 years; or(c)is not a Namibian citizen.(3)A registered political party or a registered organisation or a candidate who has appointed an election agent as contemplated in subsection (1) must furnish, not later than 15 days after the nomination day for the election, or the later day as the Chief Electoral Officer in a particular case may allow, the chief regional officer concerned in writing of -
(a)the name and address of the election agent; and(b)the polling station to which the election agent is appointed.(4)As soon as is practicable after the expiration of the period referred to in subsection (3), the chief regional officer concerned must give public notice of -
(a)the name and address of every election agent furnished to him or her in terms of that subsection; and(b)the polling station in respect of which the election agent is appointed.(5)An election agent for a polling station is entitled to attend at the polling station as the representative and observer of the registered political party or registered organisation or the candidate by whom he or she was appointed as election agent.(6)A registered political party or registered organisation or a candidate may at any time revoke the appointment of any election agent.(7)If the appointment of an election agent has been revoked under subsection (6) or, if any election agent dies or becomes incapacitated, the registered political party or registered organisation or the candidate -
(a)must inform the chief regional officer concerned in writing of the revocation, death or incapacity;(b)may, subject to subsection (2), appoint any other person as election agent in his or her place; and(c)must forthwith notify in writing the chief regional officer concerned of the name and address of the person so appointed.(8)The chief regional officer referred to in subsection (7)(c) must give, in so far as is practicable, likewise public notice of the name and address of the election agent notified to him or her.(9)If any officer is in terms of this Act required to seal anything in an election, any election agent who is entitled to be present and is present, is entitled to place the seal of the registered political party or registered organisation or candidate which appointed him or her, on that thing, and before anything which has been sealed may be opened, any such agent is entitled to inspect the seals.(10)An election agent is entitled to -
(a)observe the printing of ballot papers, whether inside or outside Namibia;(b)ascertain the number of ballot papers printed and received;(c)accompany any election material to polling stations;(d)observe the opening and sealing of ballot boxes or voting machines;(e)accompany mobile polling teams to their destinations;(f)observe that correct procedures are followed during the voting and counting process in elections; and(g)report any irregularities observed to the presiding officer or the returning officer concerned.(11)Despite subsection (7) and prior to the determination of the result of the poll for an election, an election agent may notify in writing the chief regional officer concerned of -
(a)the name and address of a person who will act as alternative election agent in the place of the first-mentioned election agent; and(b)the polling station to which the alternative election agent is appointed.67. Counting agents of registered political parties and registered organisations and candidates
(1)A registered political party or registered organisation or candidate referred to in section 66(1) may appoint, subject to subsection (2), and not later than seven days before the election concerned, the number of persons as may be prescribed as counting agents.(2)A person may not be appointed or act as a counting agent if the person -
(a)is a candidate for the election concerned;(b)has not attained the age of 18 years; or(c)is not a Namibian citizen.(3)A registered political party or registered organisation or a candidate who has appointed a counting agent as contemplated in subsection (1) must furnish, not later than 3 days before the election concerned -
(a)the chief regional officer concerned; and(b)in the case of the determination of the result of the poll in accordance with section 107, the Chief Electoral Officer,in writing of the names and addresses of the counting agents.
(4)As soon as is practicable after the expiration of the period referred to in subsection (3), the chief regional officer concerned must give public notice of the name and address of every counting agent furnished to him or her in terms of that subsection.(5)A counting agent is entitled to represent the registered political party or registered organisation or candidate who has appointed him or her, at any place where the determination of the result of the poll for the election occurs, as hereinafter provided.(6)A registered political party or registered organisation or a candidate may at any time revoke the appointment of any counting agent.(7)If the appointment of a counting agent has been revoked under subsection (6) or, if any counting agent dies or becomes incapacitated, the political party or the candidate -
(a)must inform the chief regional officer concerned in writing of the revocation, death or incapacity;(b)may appoint any other person as counting agent in his or her place; and(c)must forthwith notify in writing the chief regional officer concerned of the name and address of the person so appointed.(8)The chief regional officer referred to in subsection (7)(c) must give, in so far as is practicable, public notice of the name and address of the counting agent notified to him or her.(9)If any officer is in terms of this Act required to seal anything in an election, any counting agent who is entitled to be present and is present, is entitled to place the seal of the registered political party or registered organisation or candidate which appointed him or her, on that thing, and before anything which has been sealed may be opened, any such agent is entitled to inspect the seals.(10)Despite subsection (7) and prior to the determination of the result of the poll for an election, an authorised representative of a political party or organisation may notify in writing the chief regional officer concerned of the name and address of a person who will act as alternative counting agent in the place of the first-mentioned counting agent.68. Code of Conduct for Election Agents and Counting Agents and other behaviour rules for election agents and counting agents
(1)The Commission must issue within three months after the commencement of this Act, by notice in the Gazette a Code of Conduct for Election Agents and Counting Agents.(2)An election agent or a counting agent -
(a)must abide by the Namibian Constitution and other Namibian laws;(b)must contribute to the legitimisation of the electoral process and its outcome;(c)must sign at each polling station and collation centre in the presence of the presiding officer or the returning officer concerned the Code of Conduct for Election Agents and Counting Agents and abide thereby;(d)may not leave a polling station until all votes have been counted and they have signed the result sheet before the results are announced; and(e)may accompany, at the cost of the registered political party or registered organisation or candidate concerned, the presiding officer and the ballot boxes and voting machines, if any, to the collation centre and may only be relieved of their duty once they have signed the relevant result sheet.69. Training of election agents and counting agents
The Commission -
(a)must offer training courses for election agents and counting agents; and(b)may for the purposes of training observers compile training manuals and training materials using the services of credible training institutions or individuals with expertise in the area for which the manuals and materials are to be compiled.
70. Report by chief regional officer on performance of election agents and counting agents
A chief regional officer must after every election process has come to an end submit to the Chief Electoral Officer a report in writing on the performance of election agents and counting agents as supplied by the presiding officers and the returning officers concerned.
71. Oath or affirmation of secrecy
(1)A chief regional officer, returning officer, presiding officer, counting officer, polling officer, staff member or temporary staff member appointed to the Directorate, persons referred to in section 18(17)(b) or 24(3), election agent, counting agent and a person appointed by an accredited observer must before performing any function or attending at any polling station or the place where the result of an election is determined as hereinafter provided, sign, in a form determined by the Chief Electoral Officer, an oath or affirmation of secrecy.(2)A candidate for any election must sign the oath or affirmation of secrecy referred to in subsection (1) before attending a place where the result of the election is determined.(3)Nothing in this section may be construed as prohibiting the persons referred to in subsection (1) or (2) from reporting fraudulent or any other illegal activities.2 – Nomination of candidates for presidential elections
72. Requirements for nomination as candidate for presidential elections
A person may only be nominated as a candidate for an election to the office of President if the person -
(a)qualifies to be elected as President by virtue of Article 28(3) of the Namibian Constitution;(b)is a registered voter under this Act; and(c)is nominated, in a manner as hereinafter provided, either -
(i)as a representative of a registered political party, by the political party; or(ii)as an independent candidate whose nomination is supported by at least 500 registered voters per region.
73. Submission of nomination as candidate for presidential elections
(1)A nomination of a candidate for election as President may be submitted to the Chairperson of the Commission at any time after the publication of the appropriate proclamation in terms of section 64(1)(a)(1) but before the close of the sitting for the submission of the nomination of candidates referred to in section 74.(2)Upon the nomination day and at the place determined in respect of the election concerned, the Chairperson of the Commission must in accordance with section 74 hold a public sitting for the submission of nominations of candidates for presidential elections.(3)During the proceedings referred to in subsection (2) the Chairperson of the Commission must provide the candidate for election as President with the form referred to in subsection (2).(4)A candidate for the election of President is regarded as having been duly nominated if -
(a)in the case of a candidate nominated -
(i)by a political party for election as President, his or her nomination is made in the prescribed form by a registered political party, duly signed by the person who is the authorised representative of the political party or any other office-bearer of the political party authorised thereto in writing by the authorised representative and stamped with the seal of the political party;(ii)as an independent candidate for election as President, his or her nomination is made in the prescribed form duly signed by any two persons whose names appear on the list referred to in paragraph (d)(ii); and(iii)for election as President his or her nomination is accompanied by a photo of the candidate in the form and of the colours as may be acceptable to the Chairperson of the Commission, but subject to any requirements laid down by the Commission;(b)the candidate consents to the nomination by any instrument in writing before the close of the sitting; and(c)in the case of a nomination by a political party, the nomination is accompanied by -
(i)a copy of the registration certificate of the political party concerned and certified as such by a justice of the peace or a commissioner of oaths; and(ii)a receipt that an amount of N$20 000 has been deposited with the State Revenue Fund by or on behalf of the political party concerned; or(d)in the case of a nomination as an independent candidate -
(i)the nomination is accompanied by a receipt that an amount of N$10 000 has been deposited with the State Revenue Fund by or on behalf of the candidate; and(ii)there is submitted to the Chairperson of the Commission, not later than four o’clock in the afternoon of the second day before the nomination day, a list containing the names, voters’ registration numbers and residential addresses of, and signed by, the persons supporting the nomination of the candidate referred to in section 72(c)(ii), none of whom has already signed in support of any other candidate in respect of the election concerned.(5)The amount deposited by or on behalf of a registered political party or candidate is forfeited to the State in the case of a candidate who has not received the requisite majority of votes cast as contemplated in Article 28(2)(b) of the Namibian Constitution, but no forfeiture follows, if in the election no candidate has received the requisite majority of votes concerned.(6)Subject to subsection (5), the amount deposited by or on behalf of a registered political party or candidate must as soon as practicable after the poll in the election has been taken, be returned to the depositor.(7)If the nomination as candidate is -
(b)withdrawn in accordance with subsection (8),the amount deposited by or on behalf of the registered political party or the person nominated as candidate must as soon as is practicable after section 75(2) has been complied with, be returned to the depositor.
(8)At any time before the close of the sitting referred to in section 74 -
(a)the nomination of a candidate may be withdrawn by the registered political party which submitted the nomination; or(b)the consent to nomination may be withdrawn by a candidate concerned,by submitting to the Chairperson of the Commission any instrument in writing containing the withdrawal, and thereupon the nomination lapses.
(9)The Chairperson of the Commission must -
(a)consider any nomination received before the sitting referred to in section 74 in order to determine whether the nomination complies with this section; and(b)notify in writing the candidate concerned accordingly.(10)Section 75(3) applies with the necessary changes in the case of a nomination referred to in subsection (9) which does not comply with this section.74. Duration of session on nomination day and consideration of nominations
(1)A sitting for the submission of the nomination of candidates referred to in section 73(2), endures from 9h00 until 11h00, but if at the last-mentioned hour any person present is then ready to submit the nomination of a candidate or a person has so submitted the nomination, but it has not been completed, the Chairperson of the Commission must continue the sitting to enable the candidate to be duly nominated.(2)The Chairperson of the Commission must -
(a)consider any nomination received before the close of the sitting in order to determine whether the nomination complies with section 73; and(b)notify in writing the candidate concerned accordingly.(3)Section 75(3) applies with the necessary changes in the case of a nomination referred to in subsection (2) which does not comply with section 73.75. Declaration of candidates duly nominated for election as President
(1)If the Chairperson of the Commission is satisfied that section 73 has been complied with in respect of a nomination, the Chairperson must -
(a)declare as soon as is practicable after the close of the sitting, the candidate concerned to be duly nominated for the election of the President; and(b)thereupon notify in writing the candidate concerned by any instrument in writing of the declaration.(2)As soon as is practicable after the close of the sitting in terms of section 74, the Chairperson of the Commission must by notice in the Gazette make known -
(a)the full names, voter registration number and residential address of each duly nominated candidate and the registered political party by whom he or she was nominated, or the indication “independent” if a candidate has been so nominated;(b)any polling day of the election concerned; and(c)the location of every polling station in a constituency.(3)If the Chairperson of the Commission rejects a nomination of a candidate submitted in terms of section 73, the Chairperson must -
(a)forthwith by any instrument notify in writing the candidate of the rejection and the grounds upon which the rejection has been made; and(b)afford the registered political party or the persons by whom the nomination were submitted an opportunity, at any time before theclose of the sitting or for a period not exceeding one day, to rectify the nomination or to nominate any other qualified person as candidate for the election.
76. Lack of nomination or death of candidate after nomination
If -
(a)no candidate is declared duly nominated in terms of section 75, the Commission must immediately terminate the election concerned and all proceedings relating to the nomination of candidates for the election must commence afresh in the same manner as if a vacancy had occurred in the office of President;(b)a duly nominated candidate for the election of President dies or becomes incapacitated -
(i)before the poll for the election has commenced; or(ii)while the poll for the election is taking place,the Commission must immediately terminate the election, and all proceedings relating to the nomination of candidates for the election concerned must commence afresh in the same manner as if a vacancy had occurred in the office of President, but no fresh nomination is necessary in the case of a candidate who was duly nominated at the time when the election was so terminated;
(c)the registration of a political party in respect of which a candidate for the election of President has been declared duly nominated is cancelled and the political party is deregistered in terms of this Act before the poll has commenced or while the poll is taking place, all proceedings relating to the election must continue as if the candidate were nominated as an independent candidate.
3 – Nomination of candidates for National Assembly elections
77. Submission of party lists
(1)A registered political party that intends to take part in the election for members of the National Assembly must submit to the Commission a list of candidates in writing at any time after the publication in the Gazette of the appropriate proclamation referred to in section 64(1)(a), but not later than 11h00 on the day determined in accordance with that section.(2)A list referred to in subsection (1) must -
(a)contain the names, indicate the sex and residential addresses of at least 32 but not more than 96 candidates nominated with a view to the filling of any seats in the National Assembly to which the registered political party may become entitled in accordance with Schedule 4 to the Namibian Constitution; and(b)further comply with subsections (3), (4), (5), (6) and (7).(3)The -
(a)names on a list of candidates must appear in the order as the registered political party may determine with a view to paragraph (4) of Schedule 4 to the Namibian Constitution; and(b)voter registration number of each candidate must be stated on the list after his or her name.(4)A person may only be nominated as a candidate on a list of candidates if the person -
(a)qualifies to be elected as a member of the National Assembly by virtue of Article 46(1)(a) of the Namibian Constitution;(b)is a registered voter; and(c)is a member of the registered political party submitting the list of candidates concerned.(5)A list of candidates must be accompanied by -
(a)a declaration with the seal of the registered political party thereon by the person who is the authorised representative of the political party concerned that each person whose name appears on the list of candidates concerned has consented to the nomination as a candidate of the political party and that every such person complies with subsection (4);(b)a copy of the registration certificate of the political party concerned and certified as such by a justice of the peace or a commissioner of oaths; and(c)a photo of the head of the political party concerned, in the form and of the colours as may be acceptable to the Commission.(6)Any person whose name appears on more than one list of candidates is deemed not to be nominated as a candidate for any of the registered political parties which submitted the list concerned.(7)A copy of each list of candidates must be kept for inspection by the public at the offices of the Commission, and at the places in any region and any constituency as the Commission may think necessary.78. Publication of party lists
(1)The Commission must as soon as is practicable after section 77 has been complied with, publish a notice in the Gazette -
(a)stating, in alphabetical order the names of all the registered political parties;(b)setting out the list of candidates of each political party concerned for the election concerned, as drawn up by the registered party in terms of section 77; and(c)declaring that the persons whose names appear on the list have been duly nominated as the candidates of the political party concerned for the election.
