Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698749958756.pdf (Namibia)
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MovellUlDt NATIONAL ASSEMBLY 15 FEBRUARY 2022 MOTION BY THE HONOURABLE ELMA JANE DIENDA FOR THE HOUSE TO DEBATE ARTICLE 47 (1) (e) (f) and (2) (b) OF THE NAMIBIAN CONSTITUTION IN AS FAR AS IT VIOLATES THE RIGHTS OF MEMBERS OF THE NATIONAL COUNCIL, REGIONAL AND LOCAL AUTHORITIES AS WELL AS CIVIL SERVANTS FROM PARTICIPATING FREELYIN THE NATIONAL ASSEMBLY ELECTIONS.

Hon.

Speaker MOTIVATION I am retabling this motion after it lapsed during the 2021 legislative year.

Hon.

Speaker Hon.
Members, Despite the fact that equal treatment democracy, certain members of society, and their elections and democratic processes.. it seems that our own constitution is one of the fundamental principles of our directly discriminates against to participate in our inalienable right the Namibian constitution impedes the rights of members of In particular, the National Council, Regional and Local Authority Councillors as well as Civil Servants from freely participating as candidates in the National Assembly elections.
1 Han.

Speaker Han.

Members, Article 46 (1) (a) of members of the National Assembly, and it reads as follows: the Namibian constitution deals with the composition of '1) The composition of the National Assembly shall be as follows: voters by direct and secret ballot.
Every (a) ninety-six (96) members Namibian citizen who has the qualifications described in Article 17hereof shall be entitled to vote in the elections for members to Article 47 hereof shall be eligible for candidature as a member of the National Assembly;' of the National Assembly and, subject to be elected by the registered However, Article 47 which deals with the disqualification of members of the National Assembly stipulates the following at sub-article 1 (e) and (f), and I quote once again: '(1) No persons may become members of the National Assembly if they: (e) are remunerated members of the public service of Namibia; or (f) are members of the National Council, Regional Councils or Local Authorities.'
Sub-article (2) (b) of Article then goes on to specify that: '(2) For the purposes of Sub-Article (1) hereof: (b) the public service shall be deemed to include the defence force, service, para-statal enterprises, Regional Councils and Local Authorities.'

the police force, the correctional Han.

Speaker Han.
Speaker Han.

Members, Article 47 (l) (e) and (f) and sub-article (2) (b) are in direct contravention of Article 17 (2), which expressly states and grants that; 'every citizen who has reached the age of eighteen (18) years shall have the right to vote and who has (21) years to be elected to public office.'
reached the age of twenty-one Therefore Article 47 (l) (e) and (f) and sub-article 2 (b) are unconstitutional provisions because they impinge on the rights of National Council members, Regional and Local Authority councillors and civil servants from freely being elected to the National Assembly without having to lose their respective jobs.
2 it only discriminates against The provision is also discriminatory in the sense that members of the public and civil service, and not those employed in the private sector.

The fundamental question then follows; are members of the public and civil service not equally entitled to participate freely as candidates in the National Assembly elections?
It also escapes simple logic that public and civil servants are expected to resign from their jobs while having no assurance that they will actually be elected as members ofthe National Assembly.

There is nowhere in the world were someone is expected from their other desired to resign from their jobs without a letter of appointment job.
This puts enormous strain on public and civil servants, as they face the possibility of not only losing income in the excess of four months before the swearing-in of the new National Assembly, but also becoming unemployed permanently ifthey do not get elected as members of the National Assembly.

Hon.

Speaker Hon.

Members, is therefore the provrsions imperative that that deal with the disqualification the Namibian It constitution the National Assembly be amended.
The only reasonable conditions that can apply is if members of the public and civil service are only compelled to resign from their respective jobs after being duly elected as members of the National Assembly.

of Article 47 of of members of is the only common sense modus operandi That in which Article 47 should be amended.

We must not make and normalize laws that are unreasonable.
Every law has to make common sense, and 47 (1) (e) and (f) and sub-article 2 (b) clearly do not meet the standards of common sense.

Hon.

Speaker Hon.

Members, I would therefore recommend that this motion to be send to the relative Standing Committee for further scrutinizing and to report back to this August House.

I so move Hon.

Speaker.

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