Constitution

NAMIBIAN CONSTITUTION AND CONSTITUTIONAL AMENDMENTS
 (current to 15 July 2021)
Costitutional COVID-19 related amendments are also included here.
Public Health Regulation are  here.

 

Year

Constitution and constitutional amendments

Comments

1990

Namibian Constitution (fully annotated)

 

The Constitution is the Supreme Law of Namibia. It is not referenced by a number and a year like other laws, but is known only as the “Namibian Constitution” (Article 148).

1998

Namibian Constitution First Amendment Act 34 of 1998
 
Affects Article 134.

2010

Namibian Constitution Second Amendment Act 7 of 2010
 
Affects Articles 4, 9, 23, 32, 47, 70, 82, 91, 93, 94A, 107, 109, 114, 142 and Chapter 15.

2014

Namibian Constitution Third Amendment Act 8 of 2014
 
Affects Articles 27A, 28. 30, 32, 34, 35, 36, 38, 43, 46, 52, 53, 55, 59, 73, 73A, 75, 76, 78, 79, 80, 83, 84, 85, 88A, 94, 94A, 94B (Chapter 10B), 103, 104, 105, 106, 110, 110A, 113, 114, 120A, 126, 128, 129, 132, heading of Chapter 15, Schedule 2 and Schedule 4.

2020

Namibian Constitution: State of Emergency
 
Regulations made in terms of the Namibian Constitution pursuant to Article 26(5) of the Namibian Constitution, subsequent to the declaration of a State of Emergency in the whole of Namibia, following a worldwide outbreak of the disease known as Coronavirus Disease 2019 (COVID-19), by Proclamation No. 7 of 18 March 2020 (GG 7148). Proclamation 9 of 2020 (GG 7159) came into force on 28 March 2020 as amended by Proclamation 13 of 2020 (GG 7180) which came into force on 17 April 2020.

2020

Namibian Constitution: State of Emergency – Covid-19: Suspension of Operation of Provisions of Certain Laws and Ancillary
Matters Regulations [Stage 1]
 
Proclamation 16 of 2020 (GG 7194) came into force on 28 March 2020

2020

State of Emergency – COVID-19 Regulations [Stage 2]
 
Proclamation 17 of 2020 (GG 7203) came into force on 4 May 2020.

2020

State of Emergency – COVID-19 Regulations [Stage 3]
 
Proclamation 17 of 2020 (GG 7203) came into force on 4 May 2020 as amended by Proclamation 21 of 2020 (GG 7225) which came into force on 1 June 2020, Proclamation 25 of 2020 (GG 7235) coming into force on 4 June 2020  and Proclamation 27 of 2020 (GG 7251) which came into force on 22 June 2020.

2020

State of Emergency – Covid-19: Further Suspension of Operation of Provisions of Certain Laws and Ancillary Matters Regulations [Stage 2]
 
Proclamation 18 of 2020 (GG 7204) came into force on 4 May 2020.
Note that the High Court found regulation 12(1)(a), (b) and (c), (2) and (5), and regulation 16 in part, to be unconstitutional in Namibian Employers’ Federation and Others v President of the Republic of Namibia and Others (HC-MD-CIV-MOT-GEN 2020/00136) [2020] NAHCMD 248 (23 June 2020).

2020

State of Emergency – Covid-19: Further Suspension of Operation of Provisions of Certain Laws and Ancillary Matters Regulations [Stage 3]
 
Proclamation 18 of 2020 (GG 7204) came into force on 4 May 2020 as amended by Proclamation 22 of 2020 (GG 7226)which came into force on 1 June 2020.
Note that the High Court found regulation 12(1)(a), (b) and (c), (2) and (5), and regulation 16 in part, to be unconstitutional in Namibian Employers’ Federation and Others v President of the Republic of Namibia and Others (HC-MD-CIV-MOT-GEN 2020/00136) [2020] NAHCMD 248 (23 June 2020).
However, regulation 12(1)-(6) were repealed by Proc. 22 of 2020 as of 1 June 2020.

2020

State of Emergency – COVID-19 Regulations:
Walvis Bay Local Authority Area [reimposition of Stage 1]
 
Proclamation 20 of 2020 (GG 7222) came into force on 29 May 2020, as amended by Proclamation 23 of 2020 (GG 7229) which came into force on 4 June 2020.
It was then REPEALED by Proclamation 24 of 2020 (GG 7234), which came into force upon publication on 8 June 2020 and which substituted a lockdown of the entire Erongo Region.

2020

State of Emergency – COVID-19 Regulations: Erongo Region [reimposition of Stage 1]
 
Proclamation 24 of 2020 (GG 7234) came into force on 8 June 2020.  This also repealed the Stage 1: State of Emergency Regulations: Walvis Bay Local Authority Area published in Proclamation No. 20 of 29 May 2020, as amended by Proclamation No. 23 of 4 June 2020.

2020

State of Emergency – COVID-19 Regulations: Erongo Region [return to Stage 3]
 
Proclamation 26 of 2020 (GG 7250)came into force on date of publication: 22 June 2020. Note that some individual regulations applied only to the “restricted area” in Erongo Region, which essentially covers Arandis, Swakopmund and Walvis Bay.

2020

State of Emergency – COVID-19 Regulations: Erongo Region [Stage 3 – second regulations]
 
Proclamation 32 of 2020 (GG 7264)came into force on date of publication: 6 July 2020. These regulations were REPEALED on 22 July 2020 by Proclamation 39 of 2020 (GG 7283),  before their date of intended expiry.

2020

State of Emergency – COVID-19 Regulations: Erongo Region [Stage 4 – 2nd regulations]
 
Proclamation 33 of 2020 (GG 7270) came into force on 14 July 2020 as amended by Proclamation 40 of 2020 (GG 7284) which came into force on 24 July 2020 and Proclamation 44 of 2020 (GG 7295) which came into force on 3 August 2020 (repealed).

2020

State of Emergency – COVID-19 Regulations: Suspension of Operation of Provisions of Certain Laws and AncillaryMatters Regulations
 
Proclamation 36 of 2020 (GG 7275) came into force on 16 July 2020 for Erongo and some for all.

2020

State of Emergency – COVID-19 Regulations: Erongo Region [Stage 3 – 3rd regulations]
 
Proclamation 39 of 2020 (GG 7283) came into force on 22 July 2020 as amended by Proclamation 43 of 2020 (GG 7294) which came into foce on 3 August 2020. Proclamation 39 of 2020 also repealed the “Stage 3: State of Emergency – Covid-19 Regulations: Erongo Region” contained in Proclamation 32 of 2020 (GG 7264) (repealed)

2020

State of Emergency – COVID-19 Regulations: Stage 3: [national return to Stage 3]
 
Proclamation 46 of 2020 (GG 7307) which came into force on 13 August 2020

2020

State of Emergency – COVID-19 Regulations relating to Health Matters
 
Proclamation 47 of 2020 (GG 7318) which came into force on 25 August 2020.
These regulations apply to the entire country from 00:00 on 25 August 2020 to 24:00 on 17 September 2020.

2020

State of Emergency – COVID-19 Regulations: Stage 3: [national return to Stage 3]
  Expired.                    As amended and expired.
Proclamation 48 of 2020 (GG 7320) which came into force on 29 August 2020.  These regulations apply to the entire country from 00:00 on 30 August 2020 to 24:00 on 12 September 2020.

2020

State of Emergency – COVID-19 Regulations: Stage 3: [national return to Stage 3- third regulations]
 
Proclamation 50 of 2020 (GG 7332) which came into force on 12 September 2020. These regulations apply to the entire country from 00:00 on 13 September 2020 to 24:00 on 17 September 2020.
For further amendments please go to the Covid-19 page