Please send questions about the electoral process in Namibia to info@ippr.org.na
Q: Can the swearing in of a new president and government be delayed if an electoral dispute in the court has not been resolved?
A: Namibian law is unclear on this. The Constitution clearly states that both the President and members of the National Assembly can only serve for a maximum of five years from the dates they are sworn in (Articles 29 and 50). The Electoral Act has a section (Part 7) on election court applications but does not say what would happen if a court case continued beyond the five year-term limits of elected politicians.
According to the Electoral Act, court cases dealing with disputes should be dealt with within 60 days of the application being filed. As long a there is no unforeseen delay to court proceedings, this should mean that the High Court will pronounce on the opposition case calling for nullification of the result by the end of February or early March. However, if the court orders a re-run of the election, there could be further constitutional implications (see below).
Q: What happens if the High Court does nullify the result of either or both the National Assembly and Presidential elections?
A: Again the law is not specific on this, but there should be a re-run of the election that was nullified by the court. It is not clear at what point the electoral process would have to begin again. If the new process also involves a new period of voter registration, it could be a period of several months before a new election is held. In the event of this happening, neither the Constitution nor the Electoral Act specifically states that the existing National Assembly and President should continue in power during the interregnum. It may be that if the court orders that a new election be held, the present National Assembly would have to meet before March 21 to add a clause to the Constitution that would enable an existing government and president to stay in power until an electoral dispute is resolved. Any such clause would have to be carefully worded to avoid any future attempts by incumbents to stay in power indefinitely.
Q: Can I vote anywhere in Namibia if I have my voter’s card?
A: You can vote at any polling station in Namibia if you have a valid voter’s card for the Presidential and National Assembly elections to be held on November 27 and 28. If you cast your vote outside your home constituency – this is called a tendered vote. You will place your ballot paper in a separate ballot box for tendered votes and it will be counted separately. The Electoral Commission of Namibia has yet to make clear if it will announce the results for tendered and ordinary votes cast in each constituency separately (as happened in 1999) or lumped together (as happened in 2004). In the case of the Regional Council and Local Authority elections, due in 2010, you are expected to vote in your constituency or local authority area.
Q: Which documents do I need to present when registering to vote?
A: To register you need to prove your identity, age and Namibian citizenship. You can do this by producing the following documents: New Namibian ID or a valid Namibian passport. Both these documents prove your identity, age and Namibian citizenship. Or you can produce your Namibian birth certificate (proving your age and Namibian citizenship) and your new Namibian drivers licence (proving your identity). If you do not have a Namibian ID or passport, you can bring along your Namibian birth certificate and two people who are willing to make statement under oath that you qualify to vote in Namibia.
Q: What happens if a presidential candidate does not obtain more than 50% of the vote in the presidential election?
A: The relevant section of the Constitution is Article 28, which says that if no presidential candidate receives more than 50 percent of the vote then further elections will be held until a candidate gains over 50 percent. The Electoral Act of 1992 basically repeats this in Section 88. Neither law refers to a run-off election between the two top candidates which is now a common way of deciding presidential elections around the world if no one gains over 50 percent in the first round. At present, under Namibian law, the election would be held again and again until someone got over 50 percent – potentially a very expensive and time consuming process. This problem is addressed in the new Electoral Amendment Bill (yet to come before parliament) which changes Section 88 to say the second ballot in the presidential election should be between the top two candidates.
Q: Who decides on the date of the election?
A: The terms of office of the President and the National Assembly last for five years. Before that period has expired the president, the President announces the day(s) for nomination of candidates and the day(s) for polling to take place (according to Section 50 of the Electoral Act) by proclamation in the Government Gazette. Officially, an election will be deemed to have commenced on the day on which the proclamation is published in the Gazette. In 2004 President Sam Nujoma proclaimed the dates (November 14 and 15) of the Presidential and National Assembly election in April, some seven months in advance. This year’s elections are expected to be held in November, as December and January are holiday months in Namibia and February is usually considered too rainy, as flooding could restrict access to polling stations. The terms of office for National Assembly members and the President run out in March.
Q: What happens if the President dies or becomes in incapacitated while in office?
A: According to Articles 31 and 34 of the Constitution if the President dies, resigns or is removed from office not more than one year before the date by which Presidential election was required to be held, the post will be filled by the Prime Minister for the unexpired portion of the President’s term. If the Prime Minister is not available then it would be the Deputy Prime Minister who takes over or failing that a person chosen by Cabinet. If the presidency becomes vacant more than one year away from the date by which Presidential election was required to be held, a new election will be held within 90 days of the vacancy occurring. The Prime Minister takes over until a new President is sworn in following the election.
Q: How long is the term of office for a Local Authority councillor?
A: Usually five years, but Parliament passed a bill earlier this year which extended the terms of office for Local Authority councillors from May 2009 to November 30 2010. This was because both the Local Authority and Regional Council elections are scheduled to be held on the same day towards the end of 2010. At the time the Local Authorities Amendment Bill was passed, Minister of Local Government Jerry Ekandjo said that holding local and regional elections on the same day would be more cost-effective and prevent administrative duplication. The last Local Authorities election took place in May 2004, meaning that councillors are likely to have served six-and-half years by the time the ballot is held. After next year’s election the terms of office will revert to five years.
Q: Under what conditions could a state of emergency be declared in Namibia?
A: The President can declare a state of emergency in all or part of Namibia by issuing proclamation in the Government Gazette in a time of “national disaster, during a state of national defence or public emergency threatening the life of the nation or the constitutional order”, according to Article 26 of the Constitution. During a State of Emergency, the President can make regulations that are necessary for the “protection of national security, public safety and the maintenance of law and order”. Such regulations should be approved by the National Assembly within a certain time period. Any extension to a period of national emergency has to be approved by a two-thirds majority in the National Assembly.
Election Watch is a project of the Institute for Public Policy Research in Windhoek, Namibia.