The Constitution of Namibia is the supreme law of the Republic of Namibia. Adopted on 9 February 1990, a month prior to Namibia's independence from apartheid South Africa. The constitution was drafted by the Constituent Assembly, which had been chosen through the UN certified 1989 Namibian parliamentary election.
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👉 Constitution of Namibia in the context of United Nations Transition Assistance Group
The United Nations Transition Assistance Group (UNTAG) was a United Nations (UN) peacekeeping force deployed from April 1989 to March 1990 in Namibia, known at the time as South West Africa, to monitor the peace process and elections there. Namibia had been occupied by South Africa since 1915, first under a League of Nations mandate and later illegally. Since 1966, South African forces had been combating an insurgency by the People's Liberation Army of Namibia (PLAN), the military wing of the Namibian-nationalist South West African People's Organization (SWAPO). The UN Security Council passed Resolution 435 in 1978, which set out a plan for elections administered by South Africa but under UN supervision and control after a ceasefire. However, only in 1988 were the two parties able to agree to a ceasefire. As UNTAG began to deploy peacekeepers, military observers, police, and political workers, hostilities were briefly renewed on the day the transition process was supposed to begin. After a new round of negotiations, a second date was set and the elections process began in earnest. Elections for the constitutional assembly took place in November 1989. They were peaceful and declared free and fair; SWAPO won a majority of the seats. The new constitution was adopted four months later and it was followed by Namibia's official independence and the successful conclusion of UNTAG.
In this Dossier
Constitution of Namibia in the context of Namibian Defence Force
The Namibian Defence Force (NDF) comprises the national military forces of Namibia. It was created when the country, then known as South West Africa, gained independence from apartheid South Africa in 1990. Chapter 15 of the Constitution of Namibia establishes the NDF and defines its role and purpose as, " ... to defend the territory and national interests of Namibia".
Namibia's military was born from the integration of the formerly belligerent People's Liberation Army of Namibia (PLAN), military wing of the South West African People's Organization, and the South West African Territorial Force (SWATF) – a security arm of the former South African administration. The British formulated the force integration plan and began training the NDF, which consisted of five battalions and a small headquarters element. The United Nations Transitional Assistance Group (UNTAG)'s Kenyan infantry battalion remained in Namibia for three months after independence to assist in training the NDF and stabilize the north. Martin Shalli and Charles 'Ho Chi Minh' Namoloh were involved in the negotiations that allowed the Kenyan infantry battalion to remain for that period.
Constitution of Namibia in the context of President of Namibia
The president of Namibia is the head of state and head of government of Namibia. The president directs the executive branch of the government, acts as chair of the Cabinet and is the commander-in-chief of the armed forces in terms of the Constitution.