Electoral Amendment Act

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GOVERNMENTGAZETTE OF THE

REPUBLIC OF NAMIBIA N$4.80 WINDHOEK - 7 July 2003 No.30l3

CONTENTS

Page

GOVERNMENT NOTICE

No. 145 Promulgation of Electoral Amendment Act, 2003 (Act No.7 of 2003), of the ParIiament -........................................

Government Notice

OFFICE OF THE PRIME MINISTER

No. 145 2003

PROMULGATION OF ACT OF PARLIAMENT

The following Act which has been passed by the Parliament and signed by the President in terms ofthe Namibian Constitution is hereby published in terms of Article 56 of that Constitution.

No.7 of 2003: Electoral Amendment Act, 2003.

2 Govemment Gazette 7 July 2003

ELECTORAL AMENDMENTACT, 2003

No.3013

Act No.7, 2003

EXPLANATORY NOTE:

Words underlined with a solid line indicate insertions in existing provisions.

Words in bold type in square brackets indicate omissions from existing provisions.

ACT

To amend the Electoral Act, 1992, so as to substitute and delete certain definitions; to adjust and further regulate certain provisions relating to the registration of voters; to revise a certain provision relating to the voting process at elections held simultaneously; to remove all provisions relating to wards; to substitute certain expressions; to make a consequential amendment to the Local Authorities Act, 1992; and to provide for matters incidental thereto.

(Signed by the President on 4 July 2003)

BE IT ENACTED by the Parliament of the Republic of Namibia, as follows:-

Amendment of section 1 of Act No. 24 of 1992, as amended by section 3 of Act No.3 of 1997, section 1 of Act No. 23 of 1994 and section 1 of Act No. 30 of 1998

1. Section 1 of the Electoral Act, 1992 (hereinafter referred to as the principal Act), is amended -

(a) by in subsection (1) -

(i) substituting the following definition for the definition of "application" :

" 'application' in so far as a provision in which it is used is applied in relation to any applicant who -

(a) is entitled to vote at any election of the President, members of the National Assembly and any member of a regional council; or

(b) is entitled to vote at any election of [any member] members of a local authority council,

means the [separate] application fonn to be used [for an election] in respect of the elections referred to in paragraph (a) [or] and (b), [as the case may be, submitted and] completed [by] in respect of such applicant in accordance with the provisions of section 16(2);";

(ii) substituting the following definition for the definition of "local authority voters' register":

" 'local authority voters' register' means the local authority voters' register referred to in section 26(1 )(a)(ii) for a local authority area [or ward, as the case may be];";

(iii) substituting the following definition for the definition of "party list":

" 'party list' -

No.3013

Act No.7, 2003

Government Gazette 7 July 2003

ELECTORAL AMENDMENT ACT, 2003

3

(a) in relation to any election of members of the National Assembly, means a list of candidates submitted by a political party under section 59( 1);

(b) in relation to any election of members of a local authority council required to be held on party lists under the Local Authorities Act, 1992, means a list of candidates submitted by a political party under section 68(1)[a];";

(iv) substituting the following definition for the definition of "provisional local authority voters' register":

" 'provisional local authority voters' register' means the provisional local authority voters' register referred to in section 21 (a)(ii) for a local authority area [or ward, as the case may be];";

(v) substituting the following definition for the definition of "registration card":

" 'voter registration card' in so far as a provision in which it is used is applied in relation to any person who -

(a) is entitled to vote at any election of the President, members of the National Assembly and any member of a regional council; or

(b) is entitled and qualified to vote at any election of [any member] members of a local authority council,

means the [separate] original voter registration card [form] to be used at an election referred to in paragraph (a) or (b), as the case may be, completed in respect of and issued to such person in tenns of section 20 and complying with the provisions of subsection (2) of this section;";

(vi) deleting the definition of "registration form";

(vii) substituting the following definition for the definition of "registration nun1ber":

" 'voter registration number', in relation to a voter registration card in question, means the distinctive serial number appearing in accordance with the provisions of subsection (2) ofthis section on the [registration form in question used for such] voter registration card, and 'number' has a corresponding meaning, as the case may be;";

(viii) substituting the following definition for the definition of "supervisor of registration":

" 'supervisor of registration' means a supervisor of registration appointed under section 14(1)(a) [for a constituency or local authority area, as the case may be);";

(ix) substituting the following definition for the definition of "voter":

" 'voter' -

Act No.7, 2003

Government Gazette 7 July 2003

ELECTORAL AMENDMENT ACT, 2003

No.30B4

(a) in relation to any election of the President, members of the National Assembly or any member of a regional council, means a person whose name is included in the national voters' register;

(b) in relation to any election of [any member] members of a local authority council, means a person whose name is included in the local authority voters' register,

and who is entitled or qualified to vote at that election, and 'registered voter' has a corresponding meaning, as the case may be;"; and

(x) deleting the definition of" ward "; and J

(b) by the substitution for subsection (2) of the following subsection:

"(2) For the purposes of the registration of voters under this Act, each voter registration card and application form shall -

(a) contain a distinctive serial number which may include a letter or letters of the alphabet; and

(b) consist of an original [and duplicate] only.".

Substitution of section 2 of Act No. 24 of 1992

2. The following section is substituted for section 2 of the principal Act:

"Application of Act

2. This Act shall apply in respect of elections ofthe President, members of the National Assembly, any member of any regional council, and members of any local authority council and in respect of the registration of voters for such elections.".

Substitution of section 13 of Act No. 24 of 1992, as amended by section 3 of Act No. 23 of1994

3. The following section is substituted for section 13 of the principal Act:

"Persons entitled to register as voters

13. (I) Subject to subsection (2), every person who, by virtue of the provisions of Article 17(2) of the Namibian Constitution, is entitled to vote, shall be entitled to be registered as a voter -

(a) in the case of an election of the President or of members of the National Assembly or of any member of a regional council, in respect of the constituency in which he or she is resident;";

(b) in the case of an election of members of a local authority council, in respect of the local authority area in which he or she is resident, but subject to Article III (3) of the Namibian Constitution.

(2) No person shall be entitled to be registered as a voter if -