CHAPTER 4
Public Emergency, State of National Defence and Martial Law
Article 26 State of Emergency, State of National Defence and Martial Law
(1)
At a time of national disaster or during a state of national defence or public
emergency threatening the life of the nation or the constitutional order, the
President may by Proclamation in the Gazette declare that a state of emergency
exists in Namibia or any part thereof.
(2)
A declaration under Sub-Article (1) hereof, if not sooner revoked, shall cease to
have effect:
(a)
in the case of a declaration made when the National Assembly is sitting or
has been summoned to meet, at the expiration of a period of seven (7) days
after publication of the declaration; or
(b)
in any other case, at the expiration of a period of thirty (30) days after
publication of the declaration;
unless before the expiration of that period, it is approved by a resolution passed
by the National Assembly by a two-thirds majority of all its members.
(3)
Subject to the provisions of Sub-Article (4) hereof, a declaration approved by a
resolution of the National Assembly under Sub-Article (2) hereof shall continue
to be in force until the expiration of a period of six (6) months after being so
approved or until such earlier date as may be specified in the resolution: provided
that the National Assembly may, by resolution by a two-thirds majority of all its
members, extend its approval of the declaration for periods of not more than six
(6) months at a time.
(4)
The National Assembly may by resolution at any time revoke a declaration
approved by it in terms of this Article.
(5)
(a)
During a state of emergency in terms of this Article or when a state of
national defence prevails, the President shall have the power by
Proclamation to make such regulations as in his or her opinion are
necessary for the protection of national security, public safety and the
maintenance of law and order.
(b)
The powers of the President to make such regulations shall include the
power to suspend the operation of any rule of the common law or statute
or any fundamental right or freedom protected by this Constitution, for such
period and subject to such conditions as are reasonably justifiable for the
purpose of dealing with the situation which has given rise to the emergency:
provided that nothing in this Sub-Article shall enable the President to act
contrary to the provisions of Article 24 hereof.
(c)
Where any regulation made under Sub-Article (b) hereof provides for
detention without trial, provision shall also be made for an Advisory Board,
to be appointed by the President on the recommendation of the Judicial
Service Commission, and consisting of no more than five (5) persons, of
whom no fewer than three (3) persons shall be Judges of the Supreme
Ta ble of Conten ts
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