Government Gazette 7 May 2010
Act No. 7, 2010
No. 4480
NAMIBIAN CONSTITUTION SECOND AMENDMENT ACT, 2010
Amendment of Article 82 of Namibian constitution
7.
Article 82 of the Namibian Constitution is amended by the substitution for SubArticle (4) of the following Sub-Article:
“(4) All Judges, except Acting Judges, appointed under this Constitution shall
hold office until the age of sixty-five (65) but the President shall be entitled
to extend the retiring age of any Judge to seventy (70)[.It shall also be
possible by Act of Parliament to make provision for retirement at ages
higher than those specified in this Article]: provided that non-Namibian
citizens are appointed as Judges under a fixed term contract of
employment.”.
Amendment of Article 91 of Namibian constitution
8.
Article 91 of the Namibian Constitution is amended by the substitution for
paragraphs (a), (b) and (f) of the following paragraphs:
“(a)
the duty to investigate complaints concerning alleged or apparent instances
of violations of fundamental rights and freedoms, abuse of power, unfair,
harsh, insensitive or discourteous treatment of an inhabitant of Namibia by
an official in the employ of any organ of Government (whether central or
local), manifest injustice, [or corruption] or conduct by such official which
would properly be regarded as unlawful, oppressive or unfair in a
democratic society;
(b)
the duty to investigate complaints concerning the functioning of the Public
Service Commission, administrative organs of the State, the defence force,
the police force and the [prison] correctional service in so far as such
complaints relate to the failure to achieve a balanced structuring of such
services or equal access by all to the recruitment of such services or fair
administration in relation to such services;
(f)
the duty to investigate vigorously all instances of alleged or suspected
[corruption and the] misappropriation of public monies by officials and
to take appropriate steps, including reports to the Prosecutor-General and
the Auditor-General pursuant thereto;”.
Substitution of Article 93 of Namibian constitution
9.
The following Article is substituted for article 93 of the Namibian Constitution:
“Article 93
Meaning of “Official”
For the purposes of this Chapter the word “official” shall, unless the context
otherwise indicates, include any elected or appointed official or employee of any
organ of local Government, any official of a para-statal enterprise owned or
managed or controlled by the State, or in which the State or the Government has
substantial interest, or any officer of the defence force, the police force or the
[prison] correctional service, but shall not include a Judge of the Supreme Court
Ta ble of Conten ts
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