"Whereas recognition of the inherent dignity and the equal and inalienable rights of all members of the human family is indispensable for freedom, justice and peace; Whereas the said rights include the right of the individual to life, liberty and the pursuit of happiness, regardless of race, colour, ethnic origin, sex, religion, creed or social or economic status; Whereas the said rights are most effectively maintained and protected in a democratic society, where the government is responsible to freely elected representatives of the people, operating under a sovereign constitution and a free and independent judiciary; Whereas these rights have for so long been denied to the people of Namibia by colonialism, racism and apartheid; Whereas we the people of Namibia - have finally emerged victorious in our struggle against colonialism, racism and apartheid; are determined to adopt a Constitution which expresses for ourselves and our children our resolve to cherish and to protect the gains of our long struggle; desire to promote amongst all of us the dignity of the individual and the unity and integrity of the Namibian nation among and in association with the nations of the world; will strive to achieve national reconciliation and to foster peace, unity and a common loyalty to a single state; committed to these principles, have resolved to constitute the Republic of Namibia as a sovereign, secular, democratic and unitary State securing to all our citizens justice, liberty, equality, and fraternity. Now therefore, we the people of Namibia accept and adopt this Constitution as the fundamental law of our Sovereign and Independent Republic."
Chapters
The Constitution consists of 21 chapters totaling 148 articles. Chapter I The Republic Article 1 Establishment of the Republic of Namibia and Identification of its Territory Article 2 National Symbols Article 3 Language: Official language is English Chapter II Citizenship Article 4 Acquisition and loss of Citizenship Chapter III Fundamental Human Rights and Freedoms Article 5 Protection of Fundamental Rights and Freedoms Article 6 Protection of Life Article 7 Protection and Liberty Article 8 Respect for Human Dignity Chapter IV Public Emergency, State of National Defence and Martial Law Chapter V The President Chapter VI The Cabinet Chapter VII The National Assembly Chapter VIII The National Council Chapter IX The Administration of Justice Chapter X The Ombudsman Chapter XI Principles of State Policy Chapter XII Regional and Local Government Chapter XIII The Public Service Commission Chapter XIV The Security Commission Chapter XV The Police and Defence Forces and the Prison Service Chapter XVI Finance Chapter XVII Central Bank and National Planning Commission Chapter XVIII Coming into Force of the Constitution Chapter XX The Law in Force and Transitional Provisions Chapter XXI Final Provisions Chapter 2, consisting of the single Article 4, is the major source of Namibian nationality law.
Amendments
Prior to the 2014 general elections the constitution was amended to increase the size of the parliament. The amendment saw an increase in the National Assembly from 78 seats to 104. The National Council increased from 26 seats to 42 seats. This expansion was introduced to allow for wider representation of the population, although the real reason behind it was the newly introduced gender equality system of the ruling partySWAPO. This system would have pushed several male members out of parliament. These changes were approved against the votes of opposition parties, as SWAPO had a two-thirds majority in Parliament.
