NAMIBIA BACKGROUND CHECK

General Information

GDP USD13.43bn (World ranking 126, World Bank 2014)
Population 2.35 million (World ranking 141, World Bank 2014)
Form of state Republic
Head of government Hage GEINGOB
Next elections 2019, presidential and legislative

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Data Protection

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(Adopted on: 6 June 1990)

(Definitions)
1. In this Act, unless the context indicates otherwise –
“Attorney-General” means the Attorney-General appointed in accordance with the provisions of Article 32 of the Namibian Constitution;

“Auditor-General” means the Auditor-General appointed under Article 127 of the Namibian Constitution;

“Cabinet” means the Cabinet constituted in terms of Article 35 of the Namibian Constitution;

“fundamental rights and freedoms” means any funda­mental right or freedom as defined in Chapter 3 of the Namibian Constitution;

“official” means an official as contemplated in Article 93 of the Namibian Constitution;

“Ombudsman” means the Ombudsman appointed under Article 90 of the Namibian Constitution;

“Prosecutor-General” means the Prosecutor-General referred to in Article 88 of the Namibian Constitution;

“Public Service Commission” means the Public Service Commission referred to in section 1 of the Public Service Commission Act, 1990.

(Terms and conditions of appointment of Ombudsman, and appointment of persons as deputy Om­budsman and acting Om­budsman)

2. (1) The appointment of the Ombudsman in pur­suance of the provisions of Article 90 of the Namibian Constitution shall be on such terms and conditions as the President may determine.

(2) The President may, on recommendation of the Judicial Service Commission, and on such terms and conditions as the President may determine, appoint a person who –

(a) is a fit and proper person; and

(b) shall either be a Judge of Namibia, or a person possessing the legal qualifications which would entitle him to practise in all the Courts of Namibia,

as deputy Ombudsman to exercise or perform on behalf of the Ombudsman the powers and duties conferred or imposed upon the Ombudsman by this Act or any other law and which may be assigned to him or her by the Ombudsman.

(3) The President may, on recommendation of the Judicial Service Commission, and on such terms and conditions as the President may determine, appoint a person who –

(a) is a fit and proper person; and

(b) shall either be a Judge of Namibia, or a person possessing the legal qualifications which would entitle him to practise in all the Courts of Namibia,

as acting Ombudsman to exercise or perform the powers and duties of the Ombudsman whenever the Ombudsman is for any reason unable to exercise or perform the powers and duties of his or her office or the office of the Ombudsman is vacant, and the acting Ombudsman so appointed by the President shall serve as such during the incapacity of the Ombudsman or until a Ombudsman has
been appointed and has assumed office as the circumstances may require.

(4) The Ombudsman or his or her deputy shall not perform or commit himself or herself to perform remunerative work outside his or her official duties without the permission of the President.

(Duties and function of Ombudsman).

3. (1) The Ombudsman shall enquire into and investigate in accordance with the provisions of this Act, and take such action or steps as may be prescribed by this Act on, any request or complaint in any instance or matter laid before the Ombudsman in accordance with the provisions of subsection (3) (a) or (b), and concerning –

(a) alleged or apparent or threatened instances or matters of violations or infringements 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 national 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 functioning of the Public Service Commission, administrative organs of the State, the defence force, the police force and the prison 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;

(c) the over utilization of living natural resources, the irrational exploitation of non-renewable resources, the degradation and destruction of ecosystems and failure to protect the beauty and character of Namibia;

(d) practices and actions by persons, enterprises and other private institutions where such complaints allege that violations of fundamental rights and freedoms have taken place;

(e)all instances or matters of alleged or suspected corruption and the misappropriation of public moneys or other public property by officials.

(2) Without derogating from the provisions of sub­section (1), any request or complaint in respect of instances or matters referred to in that subsection, may include any instance or matter in respect of which the Ombudsman has reason to suspect –

(a) that any decision or recommendation taken or made or about to be taken or made by or under the authority of the State, or any local or regional authority, commission, board, corporation, committee, body or institution established or instituted by or under any law, or any act performed or about to be performed or any omission to act on account of any such decision or recommendation, or any act performed or about to be performed by, or any omission to act of, any person in the employment of the State or any such authority, commission, board, corporation, committee, body or institution, or any act performed or about to be performed, or any omission to act, being an act or omission on behalf of the State or such authority, commission, board, corporation, committee, body or institution, or purporting to be any such act or omission –

(i) abolishes, diminishes or derogates from the fundamental rights and freedoms or will abolish, diminish or derogate from any such rights and freedoms;

(ii) is or will be in conflict with any provision of any law or the common law;

(iii) is or will be unreasonable, unjust, unfair, irregular, unlawful or discriminatory or is based on any such practice which may be deemed to be as such;

(iv) is based on a wrong interpretation of the law or the relevant facts;

(a) that the provisions of any law or any other matter is administered by or under the authority of the State or such authority, commission, board, corporation, committee, body or institution, or by any person in its employment, or that any practice is so followed, in a manner which is not one in the public interest;

(b) that the powers, duties or functions which vest in the State or such authority, commission, board, cor­poration, committee, body or institution, or any person in its employment are exercised or per­formed in an incompetent, dishonest or irregular manner or are not exercised or performed;

(c) that moneys formed part of the funds of the State or such authority, commission, board, corporation, committee, body or institution, or received or held by or on behalf of the State or such authority, commission, board, corporation, committee, body or institution, or its other property are being or have been dealt with in a dishonest, irregular or improper manner;

(d) that any person either directly or indirectly has been or is being enriched, or has received or is receiving any advantage, in an unlawful or improper manner through or as a result of any act or omission in connection with the administration of the affairs of the State or such authority, commission, board, corporation, committee, body or institution, or by any person in its employment in the course of his or her employment as such or has so been or is so being enriched, or has so received or is so receiving any advantage at the expense of the State or such authority, commission, board, corporation, com­mittee, body or institution.

(3) (a) Any person wishing to lay any instance or matter referred to in subsection (1) before the Ombudsman shall do so in such manner as the Ombudsman may determine or allow.

(b) Any person referred to in paragraph (a) who is detained in terms of an order of a court of law or judicial officer or the provisions of any law, shall be entitled to lay before the Ombudsman any instance or matter so referred to by way of a communication in writing in a sealed envelope which envelope shall be handed to the Ombudsman by the person in charge of the place where any such person is detained or any person designated by him or her.

(4) The State or any local or regional authority, com­mission, board, corporation, committee, body or insti­tution established or instituted by or under any law or the National Assembly may at any time when it deems it necessary or expedient in the public interest refer any instance or matter of which the administration vests in the State or that authority, commission, board, corporation, committee, body or institution, as the case may be, or, in the case of the Cabinet or the National Assembly, in the State or any such authority, commission, board, corporation, committee, body or institution and in respect of which it has reason to suspect or in respect of which it is alleged by any person that such instance or matter is of a nature referred to in subsection (1), to the Ombudsman for inquiry or investigation and report, and the Ombudsman shall enquire into or investigate and report on any such instance or matter in accordance with the provisions of this Act, or take such other steps as may be prescribed by this Act.

(5) The Ombudsman shall not be required to enquire into or make further enquiries into or investigate any instance or matter referred to in subsection (1) which has been laid before him or her under subsection (3) when the ground on account of which the inquiry or investigation concerned is desired is in the opinion of the Ombudsman of a vexatious or trivial nature.

(6) The provisions of this section shall not apply in respect of any decision taken in or in connection with any civil or criminal case by a court of law.

(Powers of Ombudsman).

4. (1) When the Ombudsman performs his or her duties and functions in terms of this Act –

(a) the Ombudsman may in his or her discretion determine the nature and extent of any inquiry or investigation referred to in section 3;

(b) the Ombudsman or any person on his or her staff authorized thereto by the Ombudsman in writing shall have, subject to the provisions of any law regulating the privileges or immunities of the Pre­sident, members of the Cabinet or Parliament or any other persons or institutions provided for in any law –

(i) the right to enter at any time after such notice as the Ombudsman may deem sufficient or appro­priate any building or premises or any part of any building or premises, except any building or premises or any part thereof used as a private home, and to make such enquiries therein or thereon, and put such questions to any person employed thereon or finds himself in or on that building or premises in connection with the matter in question, as the Ombudsman may deem necessary in connection with that inquiry or investigation;

(ii) access to all books, vouchers, other documents, money, stamps, securities, forms having a face or potential value, equipment, stores and other movable goods in the possession or under the control of any person, except the private cor­respondence or goods of any such person, and which the Ombudsman deems necessary to inquire into or to investigate in connection with such inquiry or investigation;

(iii) the right to request particulars and information from any person which the Ombudsman may deem necessary in connection with that inquiry or investigation;

(iv) the right, without payment of any fees, to make enquiries into and extracts from, or copies of, any such book, voucher or other document which he or she may deem necessary in connection with that inquiry or investigation;

(v) the right to seize anything, but subject to the provisions of this paragraph, which he deems necessary in connection with that inquiry or investigation or which is connected with that inquiry or investigation, as the case may be, and to retain any such thing in safe custody for as long as it is necessary for purposes of that inquiry or investigation;

(a) the Ombudsman may by notice in writing require any person to appear before him or her in relation to that inquiry or investigation at a time and place specified in such notice and to or her all such books, vouchers o him or other documents or things in the possession or under the control of any such person, but subject to the provisions of paragraph (b), and which the Ombudsman may deem necessary in connection with that inquiry or investigation;

(b) the Ombudsman may administer an oath or take an affirmation from any person referred to in para­graph (c), or any person present at the place referred to in paragraph (c), notwithstanding whether any such person has been required to appear before the Ombudsman under the said paragraph (c), and to question such person under oath or affirmation in connection with any matter which the Ombudsman may deem necessary in connection with that inquiry or investigation;

(c) the Ombudsman may in his or her discretion direct that any category of persons or all persons whose presence are, in his or her opinion, not desirable, shall not be present at any of the proceedings of that inquiry or investigation or any part thereof.

(2) Any person appearing before the Ombudsman in terms of paragraph (c) of subsection (1) who is not in the public service, shall be entitled to receive from moneys appropriated by the National Assembly for such purposes as witness fees, an amount equal to the amount which such person would have received as witness fees had such person been summoned to attend criminal proceedings in the High Court of Namibia held at the place mentioned in the notice in writing concerned.

(3) Any person questioned under subsection (1) shall, subject to the provisions of subsection

(4) (a) be required to cooperate with the Ombudsman and to disclosed truthfully and frankly any information within his or her knowledge relevant to any inquiry or investigation of the Ombudsman;

(b) be compelled to produce any book, voucher or other document or thing, but subject to the provisions of subsection (1) (b), to the Ombudsman which the Ombudsman may deem necessary in connection with that inquiry or investigation.

(4) The provisions of subsection (3) shall not be so construed that the Ombudsman or deputy Ombudsman or any member of the staff of the Ombudsman shall be competent and compelled to answer questions in any proceedings in a court of law or before any body or institution established by or under any law or before a commission contemplated in the Commissions Act, 1947 (Act 8 of 1947), in connection with information which came to his or her knowledge referred to in paragraph (a) of subsection (3) or to produce any book, voucher or other document or thing referred to in paragraph (b) of the said subsection (3).

(Action or steps to be taken by Ombudsman in connection with outcome of inquiry or investigation).

5. (1) The Ombudsman –

(a) shall after holding any inquiry or investigation in accordance with the provisions of this Act –

(i) notify the person who laid the matter before him or her under section 3 (3) or (4) of the outcome of such inquiry or investigation in such manner and form as the Ombudsman may determine and to such extent as the Ombudsman may deem necessary in the public interest or that the matter will not be enquired into or investigated in terms of the provisions of section 3 (5);

(ii) take appropriate action or steps to call for or require the remedying, correction and reversal of matters or instances specified in section 3 through such means as are fair, proper, and effective, including –

(aa) by negotiation and compromise between the parties concerned;

(bb) by causing the complaint and the Om­budsman’s finding thereon to be reported to the superior of an offending person;

(cc) by referring the matter to the Prosecutor-General or to the Auditor-General or both, as the case may be;

(dd) by bringing proceedings in a Court of competent jurisdiction for an interdict or some other suitable remedy to secure the termination of the offending action or conduct or the abandonment or alteration of the offending procedures;

(ee) by bringing proceedings to interdict its enforcement by challenging the validity of such legislation or regulation if the of­fending action or conduct is sought to be justified by subordinate legislation or regulation which is grossly unreasonable or otherwise ultra vires;

(ff) by reviewing such laws as were in ope­ration before the time of the Inde­pendence of Namibia in order to ascertain whether they violate the letter or spirit of the Namibian Constitution and to make consequential recommendations to the President, the Cabinet or the Attorney-General for appropriate action following thereupon;

(a) may, but without derogating from any of the provisions of subparagraph (ii) of paragraph (a), if he or she is of the opinion that any instance or matter enquired into or investigated by him or her under section 3 can be rectified or remedied in any lawful manner, notify the State or local or regional authority, commission, board, corporation com­mittee, body or institution established or instituted by or under any law, as the case may be, in such manner as he or she may deem fit of his or her findings and the manner in which the matter can, in his or her opinion, be rectified or remedied.

(2) the State or any such local or regional authority, commission, board, corporation, committee, body or institution, as the case may be, or any person acting under its authority may, if pursuant to the notification of the Ombudsman referred to in paragraph (b) of subsection (1) the matter ought in its or such person’s opinion be rectified or remedied in the manner recommended by the Ombudsman or in any other manner, rectify or remedy the matter accordingly and shall notify the Ombudsman accordingly.

(Reports of Ombudsman).

6. (1) The Ombudsman shall forthwith compile a full report in respect of every matter enquired into or investigated by him or her in terms of this Act and which has not been rectified, corrected or remedied as contemplated in this Act to the satisfaction of the Ombudsman, and shall submit any such report as soon as possible to the Speaker of the National Assembly and shall transmit a copy of such report to the Cabinet and, in the case of a matter of which the administration vests in a local or regional authority, commission, board, corporation, committee, body or institution established or instituted by or under any law, a further copy to the authority, commission, board, corporation, committee, body or institution concerned.

(2) In addition to the report referred to in subsection (1) the Ombudsman shall submit annually not later than 31 March a report to the Speaker of the National Assembly in connection with all the Ombudsman’s activities during the period ending on 31 December of the previous year.

(3) The Speaker of the National Assembly shall lay upon the table of the National Assembly the reports submitted in terms of subsections (1) and (2) within 14 days after it has so been submitted, if the National Assembly is then in session or, if the National Assembly is not then in session, within 14 days after the commencement of its next ensuing session.

(4) The Ombudsman shall set out in the report referred to in subsection (1) –

(a) the nature of the instance or matter enquired into or investigated and the facts in connection with, and the circumstances under which, the instance or matter came to his or her attention;

(b) where the facts in connection with the instance or matter were in dispute, the facts which he or she found in the circumstances to be the truth and the reasons for such finding;

(c) the nature and extent of the inquiry or investigation;

(d) any defects or deficiencies, if any, which in his or her opinion exist in the administration of the instance or matter concerned;

(e) the other findings which he or she made in the course of the inquiry or investigation and such other matters which in his or her opinion should be brought to the attention of the National Assembly;

(f) where he or she has made in relation to any person any adverse finding, the opportunities afforded to any such person to contradict allegations or facts on which that finding is based or to reply thereto and what such person has adduced in contradicting it or replying thereto;

(g) the action or steps taken to remedy, rectify, correct or reverse the instance or matter in question;

(h) the outcome of the action or steps so taken;

(i) whether such report should in his or her opinion be laid upon the table of the National Assembly as a confidential paper in terms of subsection (5), and make such recommendations in that report as he or she may deem necessary or expedient.

(5) When a report submitted in terms of this section to the Speaker of the National Assembly contains infor­mation which has been obtained by the Ombudsman under this Act but which may not be obtained or made known by certain persons in terms of any law on the protection of certain information or which has so been obtained by the Ombudsman, notwithstanding any law on privilege arising from considerations concerning the security of the State, that report shall be laid upon the table of the National Assembly as a confidential paper for submission to, and consideration of the question whether the report contains such information and the making of a report to the National Assembly by a select committee of the National Assembly, and no person having access to that report shall disclose any such information.

(Staff of Ombudsman)

7. (1) The Ombudsman shall in the performance of his or her functions under this Act be assisted by officers in the public service made available for such purpose.

(2) The Ombudsman may obtain the services of any person, not being an officer referred to in subsection (1), for the purposes of the Ombudsman’s functions on such conditions as may be determined by agreement with such person.

(Preservation of secrecy)

8. The Ombudsman and every other person employed in carrying out the provisions of this Act shall preserve and aid in preserving secrecy in respect of the instances or matters that may come to his or her knowledge in the exercise of his or her powers or the performance of his or her duties and functions in connection with those pro­visions, and shall not communicate any such instance or matter to any person whomsoever or permit a person to have access to any documents in his or her possession or custody, except in so far as any such communication is required to or may be made in terms of this Act or any other law.

(Expenditure in connection with functions of Ombudsman)

9. The expenditure in connection with the office of the Ombudsman and the exercise of his or her powers and the performance of his or her duties and functions shall be paid from moneys appropriated for that purpose.

(Offences and penalties)

10. Any person who –

(a) contravenes or fails to comply with the provisions of section 3 (3) (b);

(b) refuses or fails to comply with any notice under paragraph (c) of subsection (1) of section 4, or refuses to take the oath or to make an affirmation at the request of the Ombudsman in terms of para­graph (d) of the said subsection (1), or refuses to cooperate as contemplated in that section, or gives to such question an answer which to his or her knowledge is false, or refuses or fails to furnish particulars or information required from him or her under that section;

(c) discloses to any other person the contents of any book, voucher or other document in the possession of the Ombudsman or of his or her deputy or a member of the staff of the Ombudsman, or the record of any proceedings at an inquiry or investi­gation of the Ombudsman;

(d) contravenes or fails to comply with the provisions of section 6 (5) or 8;

(e) insults, disparages or belittles the Ombudsman or his or her deputy, or anticipates the proceedings at an inquiry or investigation or the findings of the Ombudsman in a manner calculated to influence such proceedings or findings;

(f) wilfully hinders or obstructs the Ombudsman or his or her deputy or any member of the staff of the Ombudsman in the exercise of his or her powers or the performance of his or her duties or functions;

(g) wilfully interrupts the proceedings at an inquiry or investigation of the Ombudsman or misbehaves himself in any other manner in the place where such inquiry or investigation is held;

(h) in connection with any inquiry or investigation of the Ombudsman does anything which, if done in connection with the proceedings of a court of law, would have constituted contempt of court;

(i) does anything calculated improperly to influence the Ombudsman or his or her deputy in respect of any matter being or to be considered by the Ombudsman or his or her deputy in relation to any inquiry or investigation;

(j) directly or indirectly, by himself or herself or by any other person makes use or threatens to make use of any violence, force or restraint, or inflicts or threatens to inflict any injury, damage, harm or loss, upon or against, or does or threatens to do anything to the disadvantage of, any other person, or his or her next of kin, on account of such other person –

(i) having laid any instance or matter before the Ombudsman in terms of this Act; or

(ii) having furnished any particulars or infor­mation or produced any book, voucher or other document or thing, at or in connection with any inquiry or investigation of the Om­budsman; or

(iii) intending to lay any instance or matter before the Ombudsman or to furnish any particulars or information or to produce any book, voucher or other document or thing at or in connection with any inquiry or investigation of the Ombudsman, shall be guilty of an offence and liable on conviction to a fine not exceeding R2 000 or to imprisonment for a period not exceeding 12 months or to both such fine and such imprisonment.

(Limitation of liability in respect of anything done under this Act)

11. The Ombudsman, his or her deputy or any member of the staff of the Ombudsman shall not be liable in respect of anything done in good faith under any provision of this Act.

(Repeal of Act 26 of 1986 and Act 11 of 1988, and saving)

12. (1) Subject to the provisions of subsection (2), the Ombudsman for South West Africa Act, 1986, and the Ombudsman for South West Africa Amendment Act, 1988, are hereby repealed.

(2) Any request, complaint, inquiry, investigation, action or steps made, done or taken and any other act performed in terms of the provisions of any law repealed by subsection (1), shall, if not inconsistent with the provisions of this Act, be deemed to have been made, done, taken or performed in terms of the corresponding provisions of this Act.

(Short title)

13. This Act shall be called the Ombudsman Act, 1990.

(Entery into force on 4, August 2003)

To establish the Anti-Corruption Commission and provide for its functions; to provide for the prevention and punishment of corruption; and to make provision for matters connected therewith.

Chapter 1 Preliminary

1. Definitions

1. In this Act, unless the context indicates otherwise –

“authorised officer” means –

(a) the Director;

(b) the Deputy Director;

(c) an investigating officer appointed under section 13: or

(d) a special investigator appointed under section 14;

“Commission” means the Anti-Corruption Commission established by section 2;

“corrupt practice” means any conduct contemplated in Chapter 4;

“Director” means the Director of the Commission appointed under section 4, and includes a person temporarily acting as Director under this Act;

“Deputy Director” means the Deputy Director of the Commission appointed under section

Chapter 2 Anti-Corruption Commission

2. Establishment of Anti-Corruption Commission

2. (1) There is established an independent and impartial body known as the Anti-Corruption Commission with such powers, functions and duties as are provided for in this Act or any other law.

(2) The Commission consists of –

(a) a Director;

(b) a Deputy Director; and

(c) other staff members.

(3) The Commission is an agency in the Public Service as contemplated in the Public Service Act, 1995 (Act No. 13 of 1995).

(4) The Public Service Act, 1995 applies to the Commission, the Director, the Deputy Director and the other staff members of the Commission, except to the extent as provided otherwise by this Act or as is inconsistent with this Act.

3. Functions of the Commission

3. The functions of the Commission are –

(a) to receive or initiate and investigate allegations of corrupt practices;

(b) to consider whether investigation is needed in relation to an allegation and, if so, whether the investigation must be carried out by the Commission or whether the matter should be referred to any other appropriate authority for investigation or action;

(c) to consult, co-operate and exchange information with appropriate bodies or authorities, including authorities or bodies of other countries that are authorised to conduct inquiries or investigations in relation to corrupt practices;

(d) to assemble evidence obtained in the course of its functions and to furnish –

(i) to any appropriate authority contemplated in paragraph (c); or

(ii) to the prosecuting authority or any other suitable authority of another country, upon a formal request, evidence which may be admissible in the prosecution of a person for a criminal offence or which may otherwise be relevant to the functions of that authority;

(e) to investigate any conduct of a person employed by a public body or private body which in the opinion of the Commission may be connected with or conducive to corrupt practices, and to report thereon to an appropriate authority within the public body or private body;

(f) to take measures for the prevention of corruption in public bodies and private bodies, including measures for –

(i) examining the practices, systems and procedures of public bodies and private bodies to facilitate the discovery of corrupt practices and securing the revision of practices, systems or procedures which may be prone or conducive to corrupt practices;

(ii) advising public bodies and private bodies on ways of preventing corrupt practices and on changes of practices, systems and procedures compatible with the effective performance of their duties and which are necessary to reduce the likelihood of the occurrence of corrupt practices;

(iii) educating the public and disseminating information on the evil and dangers of corruption, including through the publication and distribution of brochures and pamphlets or the holding of public conferences;

(iv) enlisting and fostering public confidence and support in combating corruption;

(g) to disseminate information to the public about the functions of the Commission;

(h) to do anything else that the Commission is required or authorised to do under this Act or any other law or which is necessary or expedient to do for achieving the purpose of this Act.

4. Appointment of Director and Deputy Director

4. (1) The National Assembly appoints the Director and Deputy Director upon nomination by the President.

(2) Notwithstanding the provisions of the Public Service Act, 1995 (Act No. 13 of 1995), the President may nominate for appointment as Director or Deputy Director any person whom the President considers suitable and who –

(a) is of good character and of high integrity; and

(b) possesses knowledge or experience relevant to the functions of the Commission.

5. Disqualified persons

5. A person is not eligible to be appointed as Director or Deputy Director who –

(a) is not a Namibian citizen;

(b) is a member of the National Assembly or National Council;

(c) is a member of a regional council or a local authority council;

(d) is an unrehabilitated insolvent; or

(e) has been convicted of –

(i) theft, fraud, forgery or uttering a forged document, perjury or any other offence involving dishonesty; or

(ii) any other offence for which a sentence of imprisonment without the option of a fine has been imposed, excluding an offence of a political nature committed before the date of Namibia’s independence.

6. Authority card

6. (1) Upon their appointment the Director and the Deputy Director must each be issued with an authority card, signed by the President.

(2) An authority card issued under subsection (1) is prima facie evidence of the appointment of the person concerned.

(3) The Director and Deputy Director must display the authority card to any person in relation to whom they seek to exercise any power or perform any function or duty under this Act.

7. Term of office and conditions of service of Director and Deputy Director

7. (1) The Director and Deputy Director are appointed on a full-time basis for five years and may be reappointed upon expiry of their term of office.

(2) The conditions of service of the Director and Deputy Director are determined by the President with the confirmation of the National Assembly.

(3) The Director and Deputy Director may not –

(a) engage in the day to day management of any business or occupation;

(b) take part in the management of the affairs of any political party; or

(c) be a salaried employee of any person or organisation.

(4) The provisions of the Public Service Act, 1995 (Act No. 13 of 1995) in relation to requirements for appointment, tenure of office, conditions of service suspension and dismissal from office do not apply to the Director and Deputy Director in so far as they are inconsistent with the provisions of this Act.

(5) As soon as practicable after their appointment, and thereafter at such times as the Prime Minister may require, the Director and Deputy Director must each furnish to the Prime Minister a statement setting forth particulars of their assets and liabilities, including the nature and extent of any interest which they may have in any business or occupation or in any company or close corporation.

8. Vacation of office of Director or Deputy Director

8. The office of the Director or Deputy Director becomes vacant if –

(a) he or she resigns from office by written notice to the President;

(b) he or she becomes subject to a disqualification referred to in section 5; or

(c) his or her appointment is terminated under section 9.

9. Termination of appointment of Director or Deputy Director

9. (1) The appointment of the Director or Deputy Director may be terminated if he or she –

(a) has failed to comply with a condition of his or her appointment;

(b) is unable to perform the functions of his or her office by reason of mental or physical infirmity;

(c) fails to perform efficiently the duties of his or her office; or

(d) has been guilty of misconduct.

(2) If the question of termination of the appointment of the Director or the Deputy Director arises, the President must notify the Chief Justice who, after consultation with the Judicial Service Commission established under Article 85 of the Namibian Constitution, must within 30 days appoint a board to inquire into the matter and submit a report and recommendations to the President.

(3) The board must consist of –

(a) a chairperson, being a person who –

(i) held office as judge of the Supreme Court or the High Court of Namibia; or

(ii) is qualified to be appointed as judge of the Supreme Court or the High Court of Namibia; and

(b) two other members who are of good character and integrity.

(4) If the question of termination of the appointment of the Director or Deputy Director is referred to the board, the President may suspend the Director or Deputy Director, as the case may be, from exercising the functions of his or her office pending inquiry by the board, but the suspension lapses if the board recommends to the President that the appointment should not be terminated.

(5) The board must inquire into the matter in accordance with such rules as the board may make conforming to the rules of natural justice.

(6) The board must within 30 days after conclusion of the inquiry submit its report and recommendations to the President.

(7) If the President, on receipt of the board’s report and recommendations, finds that the Director or Deputy Director, as the case may be, should be removed from office, the President must communicate that finding and the reasons therefor by message to the National Assembly within 14 days after the finding if the National Assembly is then in session or, if the National Assembly is not then in session, within 14 days after its next session starts.

(8) The President must remove the Director or Deputy Director from office upon adoption by the National Assembly of a resolution calling for that person’s removal from office.

10. Acting Director

10. (1) If the office of the Director is vacant or the Director is absent from duty or unable for any reason to perform the functions of his or her office the Deputy Director must act as Director, but the President may appoint another person to act temporarily as Director.

(2) If the offices of both the Director and Deputy Director are vacant or if both the Director and Deputy Director are absent or unable for any reason to perform the functions of their offices, the President must appoint another person with appropriate knowledge or experience to act as Director during such vacancy or temporary absence.

(3) A person acting as Director in terms of subsection (1) or (2) may not act for a period of more than six months.

(4) A person appointed as acting Director while the office of the Director is vacant is entitled to the salary attached to that office for the period that he or she so acts.

11. Duties of Director and Deputy Director

11. (1) The Director is the head of the Commission and is responsible for the direction, control and management of the Commission.

(2) The Deputy Director performs the functions conferred by this Act on the Deputy Director or as may be assigned to him or her by the Director.

12. Appointment of other staff members of the Commission

12. The other staff members of the Commission referred to in section 2(2)(c) as may be required for the proper performance of the functions of the Commission are appointed subject to the Public Service Act, 1995 (Act No. 13 of 1995).

13. Investigating officers

13. (1) Among the staff members referred to in section 12 the Director must appoint persons to be investigating officers for the purposes of this Act.

(2) An investigating officer –

(a) has such powers, functions and duties as may be provided for by this Act or as may be delegated or assigned to the investigating officer by the Director; and

(b) must exercise such powers, perform such functions and discharge such duties in compliance with the directions or instructions as may be specified orally or in writing by the Director, the Deputy Director or any other staff member of the Commission superior to him or her in rank.

(3) An authority card must be issued to every staff member appointed as investigating officer in terms of subsection (1), which –

(a) must be signed by the Director; and

(b) is prima facie evidence of the appointment of the person concerned.

(4) An investigating officer must display his or her authority card to any person in relation to whom he or she may seek to exercise any power or perform any function or duty under this Act.

14. Special investigators

14. (1) The Director, with the concurrence of the Prime Minister, may appoint a person who has expert knowledge in a particular field to be a special investigator to investigate an allegation of corrupt practice, or any aspect thereof, specified –

(a) in the instrument appointing the special investigator; or

(b) in a written notice given to the special investigator by the Director.

(2) A special investigator is appointed on a temporary basis as agreed between the Director and the person and must perform his or her functions –

(a) subject to the control and direction of the Director; and

(b) on the terms and conditions as the Director and the special investigator may agree.

(3) An authority card must be issued to a person appointed as special investigator in terms of subsection (1), which –

(a) must be signed by the Director; and

(b) is prima facie evidence of the appointment of the person concerned.

(4) A special investigator must display his or her authority card to any person in relation to whom he or she may seek to exercise any power or perform any function or duty under this Act.

15. Administrative orders

15. The Director may issue administrative orders, not inconsistent with this Act or the Public Service Act, 1995 (Act No. 13 of 1995), on the general control, training, duties and responsibilities of staff members of the Commission, and for such other matters as may be necessary or expedient for the good administration of the Commission or the prevention of the abuse of power or neglect of duty, and generally for ensuring the efficient and effective functioning of the Commission.

16. Annual report

16. (1) The Director must submit to the Prime Minister, not later than 31 March of each year, a report on the activities of the Commission during the previous year.

(2) The Prime Minister must submit the report of the Director to the National Assembly within 30 days after receipt thereof or, if the National Assembly is not then in session, within 30 days after commencement of its first ensuing session.

Chapter 3 Investigation of Corrupt Practices

17. Notification to Commission of corrupt practice

17. (1) Any person may furnish to the Commission information in connection with any matter which that person suspects on reasonable grounds concerns or may concern a corrupt practice.

(2) Information referred to in subsection (1) may be furnished to the Commission orally or in writing, and if orally the informant’s statement must be reduced to writing and signed by the informant.

(3) The Director may require from an informant to furnish, in such form as the Director thinks fit, any further information as may be required for purposes of the functions of the Commission.

18. Receipt and examination of allegations

18. (1) The Commission must –

(a) receive information furnished to it by any person who alleges that another person has or is engaged, or is about to engage, in a corrupt practice; and

(b) examine each alleged corrupt practice and decide whether or not an investigation in relation to the allegation is warranted on reasonable grounds.

(2) When deciding whether an investigation into an alleged corrupt practice is warranted, the Commission may consider –

(a) the seriousness of the conduct or involvement to which the allegation relates;

(b) whether or not the allegation is frivolous or vexatious or is made in good faith;

(c) whether or not the conduct or involvement to which the allegation relates is or has been the subject of investigation or other action by any other appropriate authority for the purposes of any other law;

(d) whether or not, in all the circumstances, the carrying out of an investigation for the purposes of this Act in relation to the allegation is justified and in the public interest.

(3) If the Commission decides that an investigation in relation to the allegation is warranted on reasonable grounds, it must decide whether the investigation should be carried out by the Commission or whether the allegation should be referred to another appropriate authority for investigation or action.

(4) For the purposes of performing the functions under this section the Commission may –

(a) make such preliminary inquiry as it considers necessary; and

(b) consult any other appropriate authority.

19. Notification of decision to informant

19. The Commission must in writing inform a person who has made an allegation in terms of section 17 of any decision made by the Commission under section 18 that further action in relation to the allegation for the purposes of this Act is not warranted on reasonable grounds, and if the matter is referred to another appropriate authority for further action, inform that person accordingly.

20. Initiating or assuming investigation of a complaint

20. (1) Investigation of a complaint or allegation of a corrupt practice may be initiated by the Commission of its own motion or on information furnished to the Commission in terms of section 17.

(2) The Commission may –

(a) assume the responsibility for any investigation into an alleged corrupt practice commenced or to be commenced by the police, and the police must comply with any requirement of the Commission in that regard;

(b) carry out an investigation into an alleged corrupt practice notwithstanding that any other authority, other than the police, is entrusted with a corresponding power or duty of investigation under, and for the purposes of, any other law.

21. Investigation by Commission

21. (1) For the performance of the functions of the Commission under this Act an authorised officer may conduct any investigation which the Commission is empowered to undertake in terms of this Act or any other law.

(2) Upon initiating or receiving a complaint which in the opinion of the Director warrants investigation on reasonable grounds, the Director must cause the complaint to be investigated as quickly as practicable.

(3) At any time during an investigation, the Director may designate one or more other authorised officers to assist the authorised officer conducting the investigation.

(4) A person questioned by an authorised officer conducting an investigation must answer each question truthfully and to the best of that person’s ability, but a person is not obliged to answer any question if the answer is self-incriminating.

(5) At any time during an investigation the Director may summon any person who is believed to be able to furnish any information on the subject of the investigation, or to have possession or control of any book, document or article that has a bearing on that subject to appear before the Director, or any other authorised officer designated by the Director, at a specified time and place in order –

(a) to be questioned; or

(b) to deliver or produce such book, document or article.

(6) The Director or other authorised officer before whom a person appears in terms of subsection (5) may –

(a) require that person to furnish the information under oath or on affirmation; and

(b) administer an oath to, or accept an affirmation from, that person.

(7) No self-incriminating answer given or statement made by any person to the Director or other authorised officer in terms of this section is admissible as evidence against that person in criminal proceedings against that person instituted in any court, except in criminal proceedings –

(a) for perjury; or

(b) for an offence referred to in section 29, and then only to the extent that the answer or statement is relevant to prove the offence charged.

22. Authority to enter and search under warrant

22. (1) An authorised officer may enter any premises and there –

(a) make such investigation or inquiry; and

(b) seize anything;

which in the opinion of the authorised officer has a bearing on the investigation.

(2) Subject to section 23, premises may be entered in terms of subsection (1) only by virtue of a warrant issued by a judge of the High Court or by a magistrate in whose area of jurisdiction the building or premises are situated.

(3) A warrant referred to in subsection (2) must be applied for by the Director, the Deputy Director or any other authorised officer and must be supported by an affidavit or a solemn declaration by the person making the application, or any other person having knowledge of the facts, stating –

(a) the nature of the investigation being conducted;

(b) the suspicion which gave rise to the investigation; and

(c) the need for a search and seizure in terms of this section for purposes of the investigation.

(4) A judge or a magistrate to whom an application for a warrant is made in terms of subsection (3) may issue a warrant authorising entry and search of the premises concerned if it appears to the judge or magistrate from the information furnished that there are reasonable grounds for believing that –

(a) a corrupt practice has taken place, is taking place or is likely to take place; and

(b) that anything connected with the investigation into that corrupt practice is on or in those premises.

(5) A warrant to enter and search premises may be issued on any day and must specifically –

(a) identify the premises that may be entered and searched; and

(b) authorise an authorised officer mentioned in the warrant to conduct the entry and search of the premises.

(6) A warrant to enter and search premises is valid until one of the following events occurs –

(a) the warrant is executed;

(b) the warrant is cancelled by the authority who issued it or, in that person’s absence, by a person with similar authority;

(c) the purpose for issuing it has lapsed; or

(d) the expiry of one month after the date it was issued.

(7) A warrant to enter and search may be executed only between 6:00 and 18:00, unless the judge or magistrate who issued it on good cause shown authorises that it may be executed at a different time.

(8) Before commencing with the execution of a warrant to enter and search premises, the person authorised by the warrant must –

(a) if the person in control of the premises is present-

(i) identify himself or herself to that person;

(ii) hand a copy of the warrant to that person; and

(iii) supply that person, at his or her request, with particulars regarding his or her authority to execute the warrant in accordance with the powers conferred by section 24.

(b) if no person is present, affix a copy of the warrant to a prominent and visible place on the premises.

23. Authority to enter and search without a warrant

23. (1) Notwithstanding section 22, an authorised officer may without a warrant of entry and search referred to in that section enter and search premises, other than a private dwelling, except if the dwelling is used also for business purposes, for the purpose of attaching and removing, if necessary, any book, document or article, if –

(a) the occupier of the premises or any other person in control of the premises consents to the entry, search, seizure and removal of the book, document or article concerned; or

(b) the authorised officer on reasonable grounds believes –

(i) that a warrant of entry and search will be issued if application therefore were made under section 22; and

(ii) that the delay in obtaining a warrant would defeat the object of the entry and search.

(2) Immediately before entering and searching premises in terms of this section, the person exercising the power must, if the person in control of the premises is present –

(a) identify himself or herself to that person; and

(b) supply that person, at his or her request, with particulars regarding –

(i) his or her authority to enter and search the premises without a warrant; and

(ii) the powers conferred by section 24.

(3) An entry and search without a warrant may be carried out between 6:00 and 18:00, unless doing it at another time is justifiable and necessary in the circumstances.

24. Powers to enter and search

24. (1) A person who is authorised under section 22 or 23 to enter and search premises may –

(a) enter the premises;

(b) search the premises;

(c) search any person on the premises if there are reasonable grounds for believing that the person has personal possession of any book, document or article that has a bearing on the investigation;

(d) examine any book, document or article that is on or in those premises that has a bearing on the investigation;

(e) request information about any book, document or article from the owner or other person in control of the premises or from any person who has control of the book, document or article, or from any other person who may have the information;

(f) take extracts from, or make copies of, any book or document that is on or in the premises that has a bearing on the investigation;

(g) in the presence of a person in charge of, or employed at, the premises, use any computer system on the premises, or require the assistance of any such person to use that computer system, to –

(i) search any data contained in or available to that computer system;

(ii) reproduce any record from that data; and

(iii) seize any output from that computer for examination and copying; and

(h) attach and, if necessary, remove from the premises for examination and safekeeping anything that has a bearing on the investigation.

(2) Notwithstanding paragraph (g) of subsection (1), if a person contemplated in that paragraph is not present or not able to give the assistance required by the authorized officer, the authorised officer may proceed to use the computer system if in the circumstances of the case any delay may prejudice the purpose for which the search is carried out.

(3) A person conducting an entry and search of premises under this Act may be accompanied and assisted by any other authorised officer or a police officer, or by any other person authorised by the Director for that purpose.

25. Conduct of entry and search

25. (1) A person who enters and searches any premises under section 22 or 23 must exercise those powers with strict regard for decency and order, and with regard for each person’s right to dignity, freedom, security and privacy.

(2) The search of a person under section 24(1)(c) may be conducted only by a person of the same gender as the person to be searched.

(3) A person who enters and searches premises under section 22 or 23 must, before questioning any person –

(a) advise that person of the right to be assisted by a legal practitioner; and

(b) allow that person to exercise that right.

(4) A person who removes anything from premises being searched must –

(a) issue a receipt for it to the owner or other person in control of the premises; and

(b) return it as soon as practicable after achieving the purpose for which it was removed.

(5) If the owner or person in control of any book, document or article refuses to allow the authorised officer conducting a search to inspect that book, document or article on the ground that it contains privileged information, the authorised officer may request the registrar or sheriff of the High Court, or the messenger of the magistrate’s court of the area of jurisdiction where the premises are situated, to attach and remove the article or document for safe custody until a competent court determines whether or not the information is privileged.

(6) An authorised officer or a police officer who accompanies and assists an authorised officer who conducts an entry and search of premises under section 22 or 23, may overcome resistance to the entry and search by using such force as is reasonably required, including breaking out a door or a window of the premises or any container or receptacle on the premises.

(7) Before using force as contemplated in subsection (6) to gain access to any premises, the authorised officer or police officer must audibly demand admission and must announce the purpose of the entry, except if the circumstances are such that immediate entry must be gained to prevent concealment, loss or destruction of anything on or in the premises.

26. Power to obtain information concerning assets

26. (1) If, in the course of an investigation into an alleged corrupt practice, the Director is satisfied that it could assist or expedite the investigation, the Director may, by notice in writing, require –

(a) any suspected person to furnish a statement in writing –

(i) enumerating all movable or immovable property belonging to or possessed by him or her in Namibia or elsewhere or held in trust for him or her in Namibia or elsewhere, and –

(aa) specifying the date on which every such property was acquired;

(bb) explaining whether it was acquired by way of purchase, exchange, gift, bequest, inheritance or by any other cause; and

(cc) specifying the consideration paid or given there for and the amount or value of the consideration;

(ii) specifying any moneys or other property acquired in Namibia or elsewhere, or held in or sent out of Namibia, in trust for him or her or on his or her behalf during such period as may be specified in the notice;

(b) any other person with whom the Director believes the suspected person had any financial transaction or other business dealing relating to an alleged corrupt practice to furnish a statement in writing enumerating all movable or immovable property acquired by that person in Namibia and elsewhere at the material time;

(c) any person to furnish, notwithstanding the provisions of any other law to the contrary, any information in that person’s possession relating to the affairs of any suspected person and to produce any document or certified true copy of any document relating to such suspected person which is in the possession or under the control of the person required to furnish the information;

(d) the manager or other person in charge of any bank, building society or other financial institution, in addition to furnishing any information specified in paragraph (c) to furnish any information or the originals, or certified true copies of the accounts or the statements of account at the bank, building society or financial institution of any suspected person notwithstanding the provisions of any other law to the contrary.

(2) Notwithstanding any oath or other obligation of secrecy imposed by law or otherwise, a person on whom a notice referred to in subsection (1) is served must, comply with the requirements of that notice within the time specified therein.

(3) A person who without reasonable excuse fails to comply with any requirement of a notice referred to in subsection (1), commits an offence and is liable on conviction to a fine not exceeding N$50 000 or to imprisonment for a term not exceeding three years or to both such fine and

(Adopted in Feb 1990)

Article 89 (Establishment and Independence)

(1) There shall be an Ombudsman, who shall have the powers and functions set out in this Constitution.
(2) The Ombudsman shall be independent and subject only to this Constitution and the law.
(3) No member of the Cabinet or the Legislature or any other person shall interfere with the Ombudsman in the exercise of his or her functions and all organs of the State shall accord such assistance as may be needed for the protection of the independence, dignity and effectiveness of the Ombudsman.
(4) The Ombudsman shall either be a Judge of Namibia, or a
person possessing the legal qualifications which would entitle him or her to practice in all the Courts of Namibia.

Article 90 (Appointment and Term of Office)

(1) The Ombudsman shall be appointed by Proclamation by the President on the recommendation of the Judicial Service Commission.
(2) The Ombudsman shall hold office until the age of sixty-
five (65) but the President may extend the retiring age of any Ombudsman to seventy (70).

Article 91 (Functions)

The functions of the Ombudsman shall be defined and prescribed by an Act of Parliament and shall include the following:
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 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;
c) the duty to investigate complaints concerning the over-
utilization of living natural resources, the irrational exploitation of non-renewable resources, the degradation and destruction of ecosystems and failure to protect the beauty and character of Namibia;
d) the duty to investigate complaints concerning practices and actions by persons, enterprises and other private institutions where such complaints allege that violations of fundamental rights and freedoms under this Constitution have taken place;
e) the duty and power to take appropriate action to call for the remedying, correction and reversal of instances specified in the preceding Paragraphs through such means as are fair, proper and effective, including:
aa) negotiation and compromise between the parties concerned;
bb) causing the complaint and his or her finding thereon to be reported to the superior of an offending person;
cc) referring the matter to the Prosecutor-General;
dd) bringing proceedings in a competent Court for an interdict or some other suitable remedy to secure the termination of the offending action or conduct, or the abandonment or alteration of the offending procedures;
ee) bringing proceedings to interdict the enforcement of such legislation or regulation by challenging its validity if the offending action or conduct is sought to be justified by subordinate legislation or regulation which is grossly unreasonable or otherwise ultra vires;
ff) reviewing such laws as were in operation before the date of Independence in order to ascertain whether they violate the letter or the spirit of this Constitution and to make consequential recommendations to the President, the Cabinet or the Attorney-
General for appropriate action following thereupon;
f) the duty to investigate vigorously all instances or 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;
g) the duty to report annually to the National Assembly on the exercise of his or her powers and functions.

Article 92 (Powers of Investigation)

The powers of the Ombudsman shall be defined by Act of Parliament and shall include the power:
a) to issue subpoenas requiring the attendance of any person before the Ombudsman and the production of any document or record relevant to any investigation by the Ombudsman;
b) to cause any person contemptuous of any such subpoena to be prosecuted before a competent Court;
c) to question any person;
d) to require any person to co-operate with the Ombudsman and to disclose truthfully and frankly any information within his or her knowledge relevant to any investigation of the Ombudsman.

Article 93( Meaning of “Official”)

For the purposes of this chapter the word “official” shall, unless the context otherwise indicate, include any elected or appointed official or employee of any organ of the central or 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 service, but shall not include a Judge of the Supreme Court or the High Court or, in so far as a complaint concerns the performance of a judicial function, any other judicial officer.

Article 94 (Removal from Office)

(1) The Ombudsman may be removed from office before the expiry of his or her term of office by the President acting on the recommendation of the Judicial Service Commission.
(2) The Ombudsman may only be removed from office on the ground of mental incapacity or for gross misconduct, and in accordance with the provisions of Paragraph (3).
(3) The Judicial Service Commission shall investigate whether or not the Ombudsman shall be removed from office on the grounds referred to in Paragraph (2) and, if it decides that the Ombudsman shall be removed, it shall inform the President of its recommendation.
(4) While investigations are being carried out into the necessity of the removal of the Ombudsman in terms of this article, the President may, on the recommendation of the Judicial Service Commission and, pending the outcome of such investigations and recommendation, suspend the Ombudsman from office.

Police Background Check Procedures

Who can apply?

Only the individual can apply for the certificate of good conduct.
Fingerprints are taken at the time of applying.

Where?

Applications can only be made in Namibia as they take your fingerprints at the time of the application.

What must the applicant supply?

Copy of ID, passport or birth certificate

What are the costs / turnaround times?

Cost is N$50.00 (+-£3.33) and turnaround time is 3–4 months according to information from police, (but it usually takes about six months).

Contact details

Namibian Police Force: http://www.nampol.gov.na/
Windhoek Police Station Cnr of Bahnhoff street and Independence Avenue
Tel: +264 61 209 4215 (or any nearest Police Station)
Certificate Written in English, the form cannot be downloaded.
It is available from any police station in Namibia.
The following info is on the certificate (A4 size):
• Namibian Police
• Criminal Record Centre
• Namibia Police logo
• Record Number
• Certificate of Conduct (Heading)
• This is to certify that there are no convictions recorded against: [NAME] [DATE of Birth and where] for any crime reported in the Republic of Namibia
• Signed by Inspector-General: Namibian Police
• Date Stamp appears on certificate

Risk

Sovereign risk

Namibia’s sovereign risk score remains in the BB rating band, but slips marginally to 47, reflecting a weakening external financing position. A more expansionary fiscal stance ahead of the November 2014 elections will have raised the deficit in fiscal year 2014/15 and pushed up government debt, which further weighs on the rating. Public debt levels nonetheless remain manageable and the rating is supported by a low level of external debt and a good payment record.

Banking sector risk

The banking sector is profitable, well regulated and well capitalised. However, owing to their exposure to mortgages, which are usually at variable rates, banks are vulnerable to shocks in the property market (such as rises in interest rates or falls in house prices, both of which are likely in 2015‘16).

Political risk

The political environment is stable, with the smooth transition following the November general elections enabling the rating to rise to BBB. The political landscape is dominated by a single party, the South West Africa People’s Organisation (SWAPO), which overwhelmingly won national elections in November. The moderate faction within SWAPO continues to hold sway, as highlighted by the election as president of Hage Geingob, but it will face intermittent challenges from the more radical SWAPO Youth League.

Economic structure risk

The economy’s dependence on miningwhich accounts for around 12% of GDP and 58% of exports but employs just 3% of the workforcecontributes to Namibia’s high income inequality and vulnerability to external shocks.

Travel Risk

Security

The decision to travel is your responsibility. You are also responsible for your personal safety abroad. The purpose of this Travel Advice is to provide up-to-date information to enable you to make well-informed decisions.

Peace in Angola has improved the security situation along the Namibia-Angola border. Due to the risk of banditry, however, you should exercise caution when travelling to this area, including the region of Kavango in the northeast and the western half of the Zambezi region (formerly known as Caprivi). Use official border crossing areas only to enter neighbouring countries.

Crime

Petty crime such as pickpocketing and purse snatching is prevalent. Vehicle theft and break-ins also occur. Violent crime, such as muggings and robberies targeting foreigners, has increased, particularly in Windhoek. Remain alert to your surroundings, ensure that your personal belongings and travel documents are secure, and avoid the townships and remote areas after dark. Avoid walking alone after dark. Keep your vehicle doors locked and windows shut, to deter carjacking and theft. Do not keep valuables in your car. There have been reports of thefts from vehicles at service stations.

You should be cautious of persons ostensibly looking for assistance by the side of the road. Unsuspecting tourists have been victims of armed attacks.

Demonstrations

Demonstrations are rare and are concentrated in Windhoek. They can disrupt traffic and business. You should exercise caution and avoid large crowds and demonstrations.

Landmines

Be aware of the presence of landmines in the border area from Katwitwi (a village on the Okavango River in Western Kavango region) to Kongola (a town in the Zambezi region).

Road travel

Traffic drives on the left. Avoid night-time driving outside urban centres. Careful driving is particularly important on rural roads, many of which are gravel with sloping sand shoulders. Road conditions are generally good, but much of the country is covered by desert; overland travel takes considerable time. Sand, salt and gravel roads become very slippery when wet. Tourists are often involved in single-vehicle accidents. Do not exceed 80 km/h on gravel roads. Excessive speed and animals on the roadway pose hazards. Emergency and roadside assistance is unreliable or non-existent outside Windhoek. Overland travel via the Trans-Caprivi Highway between Rundu and Katima Mulilo should be undertaken during daylight hours only. Avoid stopping at roadside rest stops, where robberies have been known to occur.

An original Canadian driver’s licence in English is accepted, but a valid International Driving Permit (IDP) is recommended. If hiring a car, pay particular attention to the insurance coverage provided: ensure you have comprehensive insurance.

Road travel to desert areas should be undertaken with sufficient water and fuel supplies and two spare tires. Travel by convoy if you plan to go to the desert.

Public Transportation

Buses and taxis operate in the capital. Public transportation is limited outside Windhoek. There have been reports of foreigners being robbed by taxi drivers. The Namibia Bus and Taxi Association (NABTA) regulates taxi drivers by allocating registration numbers (one letter followed by a two-digit number). Use registered taxis (displaying the NABTA logo) only or arrange for a taxi through a reputable hotel.

See Transportation Safety in order to verify if national airlines meet safety standards.

fraud

Cases of attempted fraud are frequently reported in this country. See Overseas Fraud for more information.

There have been reports of credit card copying in some hotels and lodges. When paying by credit card, keep your card in view at all times. Be extra vigilant at automated banking machines (ABMs), as criminals may attempt to distract you or offer assistance with the aim of stealing your money. Don’t accept any offer of assistance and cancel your transaction if you become suspicious.

General safety information

Avoid visiting townships unless accompanied by someone with local knowledge.

When visiting parks and game reserves, remain with your group and observe all local or park regulations and instructions given by tour guides, as wild animals pose risks. Potentially dangerous areas may lack fences and warning signs.

Carry a copy of your passport at all times.

Emergency services

In Windhoek, dial 211 111 for emergencies. If calling from a mobile phone, dial 112.

Annual Cases

Budget Autonomy Yes
Annual Budget of the Agency
Per Capital Expenditure $ (US) 0.68
Expeniture as % of the GDP 0.02 %
Are employees protected by law from recrimination or other negative consequences when reporting corruption (i.e. whistle-blowing)? Yes
Does your country have freedom of information legislation? No
Does your country have conflict of interest legislation? No
Does your country have a financial disclosure system to help prevent conflicts of interest? Yes
Who appoints the head of your agency? Parliament
Who has the authority to remove the head of the ACA? Parliament
Is there any term limit for the head of the ACA? Yes , five-year term renewable
Does your agency measure performance? Yes
Number of investigations launched
Other, please specify
Number of outreach activities delivered
Full access to Government Yes

Address Format

RECIPIENT

[BUILDING]
[SUBBUILDING]
[HOUSE_NUMBER] STREET_NAME
LOCALITY
NAMIBIA

Sample

Hotel Deutsches Haus
13 Luderitz Str.
Swakopmund
NAMIBIA

Summary

Calendar GMT Reference Actual Previous Consensus Forecast
2014-06-12 12:30 PM Q1 1.6% 4.9% (R) 5.69%
2014-09-11 12:30 PM Q2 3.0% 4.4% (R) 5.61%
2014-12-22 02:00 PM Q3 2.3% 3.0% 3.83%
2015-06-12 12:30 PM Q1 -0.67%
2015-09-11 12:30 PM Q2 -0.23%
2015-12-11 01:00 PM Q3 1.03%

 

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