IMAGE: Namibia Fact Check / Legal Assistance Centre / Government Gazette
The Electoral Act of 2014 was recently amended, but what do the changes actually mean in terms of upcoming and future elections?
The Electoral Act of 2014 established the legal framework for conducting national, regional, and local government elections in Namibia. Its role remains to enable and regulate the management, supervision, and execution of elections at all three levels of state.
In recognition of the growing complexity of Namibia’s electoral landscape, key changes have recently been made to the law to ensure the electoral system accommodates these shifts.
The Electoral Amendment Act of 2024, which came into effect on 8 October 2024, expands political participation for public servants.
The recent amendments address gaps in the law by allowing broader participation in the National Assembly elections by outlining the conditions under which public servants and government officials can participate in elections as nominated candidates of political parties while being in government employment.
Key Changes:
1. Eligibility
- Remunerated public servants are now eligible to be nominated as candidates for the National Assembly.
- Members of the National Council, regional councils, and local authority councils are also eligible for nomination.
2. Conditions for Participation
Leave Requirement
- Public servants or council members who are nominated must take leave from their positions once their names are published on the party list and until election results are announced.
- If they fail to take leave, they are automatically deemed on leave during the election period.
Resignation or Retirement
- If elected to the National Assembly, public servants or council members are automatically deemed to have resigned from their public service positions when election results are announced.
- Public servants aged 55 or older can choose to retire instead of resigning.
Automatic Resignation
- If a public servant or council member fails to resign after being elected, they will be automatically deemed to have resigned before the new National Assembly term begins.
3. Excluded Groups
- Members of the Namibian Defence Force, Police Force, Correctional Service, and Intelligence Service are excluded from participating in elections while still serving.
- This exclusion is based on Articles 17 and 22 of the Namibian Constitution, which allow for restrictions on rights under certain circumstances.
For more information on the Electoral Act of 2014 and its regulations, go here.