LSU 3790

ELO 4

Structure of the Namibian government

APRIL 2024
Three branches of government
 Executive
 Legislative
 Judiciary/Judicature
Three branches of government- 1.The executive
branch
 This is the body that “ executes” government in accordance with the
acts (laws) of the legislature
 It administers and carries out the work of the government.
 has overall responsibility for the governance of a state.
 The president
 The cabinet-
 Read articles 35 36, 37 – find out who makes up the executive.
 Article 40- duties and functions of the executive- List them in your
notes.
2.The Legislative branch
 The legislature is the body that “enacts”( (passes) the laws for
the government of the country.
 This law-making body is known as the parliament .Namibian
parliament - A bicameral chamber consisting of :
 Lower Chamber: National Assembly and
 Upper Chamber: National Council
National Assembly ( NA)…

 Pass laws subject to powers of the National council.

 Composition – read article 46( changed from 72 to 96 members now)
 Elections of member to NA,(articles, 17, and 49) duration ( article 50)
 Speaker – chairperson of the NA
 Read functions and powers of the NA – article 63
National Assembly …
 96 members elected through national elections.( Use party lists, through
Proportional Representation PR)
 PR- an electoral system in which political parties gain seats in proportion to the
number of votes they got in elections
 PR= Total number of all votes cast in an election/Number of seats in National
Assembly
 E.g. In 2019 - A total of 820 227 votes were casted
 Divide the number by the number of seats in NA ( 96)
 8.554 - this means a party need 8.554 votes to get 1 seat.
 SWAPO got 536 861 votes in 2019 elections
 Therefore 536 861/8.554 = 62.7 or 63 seats in the NA
 8 members ( non- voting) appointed by president.
 Find out the basis on which such appointment is made by the
president.( Article 46 (b)
 Find out which persons cannot become members of the NA in article
47.List them in your notes.
National Council ( NC)
 Upper Chamber
 42 members (3 representatives from each Regional Council)
 Through Regional elections

 Read Composition ( article 69), term of office (article 70)

 Powers and functions- article 74, and review of legislation – article 75
 Any proposed change to the Constitution must be approved by a two-
thirds majority of the National Assembly and the National Council.
 If the National Council does not approve the change with a two thirds
majority, the president must hold a referendum about the matter.
The judicature or judiciary branch

 Article 78- Supreme court, High Court and Magistrate /Lower

court
 The judiciary comprises of the judges, magistrates and courts.
 It is the branch of the central authority concerned with the
administration of justice.
 Judges hear cases in the courts of law;
 they interpret the laws made by the legislature and
 apply these laws in disputes and when sentencing citizens who
have trespassed the laws of the country.
 Art 78 (2) independence of the judiciary( key agreements)
Government
 An organization that is a governing authority of a political unit.
 The ruling power in a political society.
 In existence since Greek city states,
 Purpose: Maintaining Social order
 Common good
 Carrying out specific roles
Three levels of government
 Central government: President and Cabinet
 National government : National Assembly
National Council
Courts
 Regional and Local Government( Handout)
 Regions
 Constituencies
 Local authorities: Villages , towns, municipalities)
 Traditional Authorities

Regional and Local government( Read handout)
 Regional government – Regional Councils – headed by
governors( appointed by the president ARTICLE 110A) and regional
management committees
 Elect regional council members to serve on National Council.
 Each region divided into constituencies( 121 constituencies)- headed
by Constituency councilors
 Local Government
 Local Authorities: Art 102(4) Municipalities, towns, village councils
( Traditional Authorities Art 102 (5)