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Legislative Framework

Legislative Framework

The Namibian Constitution and the Electoral Act No.5 of 2014 provide the legislative framework for the conducting of elections in Namibia. These two legal instruments thus primarily guide the conduct and delivery of elections.
 

Powers and Functions of Commission

4. (1) Subject to the Namibian Constitution and the Electoral Act, and in particular with due regard to Schedule 2 and any other law, the Commission:

(a) is the exclusive authority to direct, supervise, manage and control in a fair and impartial manner and without fear, favour or prejudice any elections and referenda under the Electoral Act; and

(b) must exercise and perform its powers and functions, subject to section 2(3), of the Electoral Act, independent of any direction or interference by any other authority or any person.

The Commission has further powers and functions to:

(a) Supervise, direct and control the registration of voters for the purposes of any election or referendum

(b) Supervise the preparation, publication and maintenance of a national voters’ register and local authority voters’ register;

(c) Supervise, direct and control the registration of political parties and organisations;

(d) Supervise, direct and control the conduct of elections and referenda

(e) Supervise, direct, control and promote voter and civic education in respect of elections and referenda, including the cooperation with educational or other bodies or institutions with a view to the provision of instruction to or the training of persons in electoral and related matters;

(f) Supervise, direct and control electoral observers;

(g) Establish and maintain liaison and cooperation with political parties, the media and the public; (h) undertake and promote research into electoral matters;

(i) Develop and promote the development of electoral expertise and technology in all spheres of government; (j) promote knowledge of sound and democratic electoral processes;

(k) Issue and enforce any code of conduct provided for in the Electoral Act;

(l) Supervise and control the disclosure and dissemination of information regarding electoral matters and establish and maintain the necessary facilities for collecting and disseminating the information;

(m) Secure in the electoral and referenda processes the representation of the diverse social and cultural groups in Namibia and seek their cooperation;

(n) Create its own organisational structure, to allow its leadership to take full control of all its operations to strengthen areas where operational effectiveness is lacking; and

(o) Exercise and perform any other powers and functions conferred and imposed upon it by or under the Electoral Act or any other law or which are necessary or expedient for purposes of achieving the objects of the Electoral Act or any other law.


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