(2)
Nothing contained in Article 10 hereof shall prevent Parliament from enacting
legislation providing directly or indirectly for the advancement of persons within
Namibia who have been socially, economically or educationally disadvantaged by
past discriminatory laws or practices, or for the implementation of policies and
programmes aimed at redressing social, economic or educational imbalances in
the Namibian society arising out of past discriminatory laws or practices, or for
achieving a balanced structuring of the public service, the police force, the
defence force, and the prison service.
(3)
In the enactment of legislation and the application of any policies and practices
contemplated by Sub-Article (2) hereof, it shall be permissible to have regard to
the fact that women in Namibia have traditionally suffered special discrimination
and that they need to be encouraged and enabled to play a full, equal and
effective role in the political, social, economic and cultural life of the nation.
Article 24 Derogation
(1)
Nothing contained in or done under the authority of Article 26 hereof shall be held
to be inconsistent with or in contravention of this Constitution to the extent that it
authorises the taking of measures during any period when Namibia is in a state
of national defence or any period when a declaration of emergency under this
Constitution is in force.
(2)
Where any persons are detained by virtue of such authorisation as is referred to
in Sub-Article (1) hereof, the following provisions shall apply:
(3)
Ta ble of Conten ts
(a)
they shall, as soon as reasonably practicable and in any case not more than
five (5) days after the commencement of their detention, be furnished with
a statement in writing in a language that they understand specifying in detail
the grounds upon which they are detained and, at their request, this
statement shall be read to them;
(b)
not more than fourteen (14) days after the commencement of their
detention, a notification shall be published in the Gazette stating that they
have been detained and giving particulars of the provision of law under
which their detention is authorised;
(c)
not more than one (1) month after the commencement of their detention
and thereafter during their detention at intervals of not more than three (3)
months, their cases shall be reviewed by the Advisory Board referred to in
Article 26 (5)(c) hereof, which shall order their release from detention if it is
satisfied that it is not reasonably necessary for the purposes of the
emergency to continue the detention of such persons;
(d)
they shall be afforded such opportunity for the making of representations
as may be desirable or expedient in the circumstances, having regard to the
public interest and the interests of the detained persons.
Nothing contained in this Article shall permit a derogation from or suspension of
the fundamental rights or freedoms referred to in Articles 5, 6, 8, 9, 10, 12, 14, 15,
18, 19 and 21(1)(a), (b), (c) and (e) hereof, or the denial of access by any
persons to legal practitioners or a Court of law.
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