THE NAMIBIAN PRESIDENT CANNOT DISSOLVE THE NATIONAL ASSEMBLY TO AVOID IMPEACHMENT

The Namibian Constitution outlines a clear and structured process for the impeachment of the President, which cannot be sidestepped by dissolving the National Assembly. While the President does have the power to dissolve the National Assembly under specific circumstances, it does not provide a way to avoid or block impeachment. Let’s dive into why this is the case.


The Impeachment Process

Under the Namibian Constitution, the National Assembly has the power to remove the President from office through an impeachment motion. This process requires a two-thirds majority vote in the National Assembly. It is a serious and deliberate procedure that ensures accountability for the President’s actions and decisions.


The President’s Power to Dissolve the National Assembly

The Constitution grants the President the authority to dissolve the National Assembly, but only under certain conditions. Specifically, the President can dissolve the Assembly on the advice of the Cabinet if it becomes clear that the government is unable to function effectively. This power, however, is not a tool to escape the impeachment process.


Impeachment and Dissolution: Two Separate Processes

Dissolving the National Assembly does not eliminate the possibility of impeachment. In fact, even if the Assembly is dissolved, the impeachment process can continue. If the President is re-elected after a new election (which must occur within 90 days of the dissolution), the new National Assembly can initiate or revive the impeachment process. The dissolution does not halt or impede the legal process for removing the President from office.


The Term of Office

When the National Assembly is dissolved, it triggers the need for a new election for both the Assembly and the Presidency within 90 days. Importantly, this also means that the current President’s term of office expires. Therefore, even if the President seeks to avoid impeachment by dissolving the National Assembly, their time in office is limited and subject to the constitutional process.


Constitutional Framework

The Namibian Constitution is clear about the President’s powers and the process for removing them from office. While the President can dissolve the National Assembly under certain conditions, this action cannot prevent the impeachment process from continuing. The Constitution ensures that there is a proper, accountable, and transparent system for addressing presidential misconduct.

In conclusion, while the President may dissolve the National Assembly under specific conditions, it does not shield them from impeachment. The Namibian Constitution has established a clear and independent framework for holding the President accountable, ensuring that no one is above the law or beyond the reach of the people’s representatives.

Location: Windhoek, Namibia

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