Constitution

Namibia 1990 Constitution (reviewed 2014)

Table of Contents

CHAPTER 15. The Defence Force, The Police Force, The Intelligence Service and The Correctional Service

Article 115. Establishment of the Defence Force

  1. There shall be established by Act of Parliament a Namibian Defence Force with prescribed composition, powers, duties and procedures, in order to defend the territory and national interests of Namibia.
  2. The President shall be the Commander-in-Chief of the Defence Force and shall have all the powers and exercise all the functions necessary for that purpose.

Article 116. Chief of the Defence Force

  1. There shall be a Chief of the Defence Force who shall be appointed by the President in terms of Article 32(4)(c)(aa) hereof.
  2. The Chief of the Defence Force shall make provision for a balanced structuring of the defence force and shall have the power to make suitable appointments to the defence force, to cause charges of indiscipline among members of the defence force to be investigated and prosecuted and to ensure the efficient administration of the defence force.

Article 117. Removal of the Chief of the Defence Force

The President may remove the Chief of the Defence Force from office for good cause and in the public interest and in accordance with the provisions of any Act of Parliament which may prescribe procedures considered to be expedient for this purpose.

Article 118. Establishment of the Police Force

There shall be established by Act of Parliament a Namibian police force with prescribed powers, duties and procedures in order to secure the internal security of Namibia and to maintain law and order.

Article 119. The Inspector-General of Police

  1. There shall be an Inspector-General of Police who shall be appointed by the President in terms of Article 32(4)(c)(bb) hereof.
  2. The Inspector-General of Police shall make provision for a balanced structuring of the police force and shall have the power to make suitable appointments to the police force, to cause charges of indiscipline among members of the police force to be investigated and prosecuted and to ensure the efficient administration of the police force.

Article 120. Removal of the Inspector-General of Police

The President may remove the Inspector-General of Police from office for good cause and in the public interest and in accordance with the provisions of any Act of Parliament which may prescribe procedures considered to be expedient for this purpose.

Article 120A. Establishment of the Intelligence Service

  1. There shall be established by an Act of Parliament, an Intelligence Service with its powers and functions provided for in such Act.
  2. The Act referred to in Sub-Article (1) may also provide for the title by which the Head of the Intelligence Service shall be known.
  3. The President shall appoint the Head of the Intelligence Service in terms of Article 32(3)(i)(gg).
  4. The Head of the Intelligence Service shall serve at the pleasure of the President and shall assume political responsibility for the control and direction of the Intelligence Service.
  5. The Head of the Intelligence Service shall be the principal advisor to the President and the Government on matters relating to national security and intelligence.

Article 121. Establishment of the Correctional Service

There shall be established by Act of Parliament a Namibian correctional service with prescribed powers, duties and procedures.

Article 122. Commissioner-General of Correctional Service

  1. There shall be a Commissioner-General of Correctional Service who shall be appointed by the President in terms of Article 32(4)(c)(cc) hereof.
  2. The Commissioner-General of Correctional Service shall make provision for a balanced structuring of the correctional service and shall have the power to make suitable appointments to the correctional service, to cause charges of indiscipline among members of the correctional service to be investigated and prosecuted and to ensure the efficient administration of the correctional service.

Article 123. Removal of the Commissioner-General of Correctional Service

The President may remove the Commissioner-General of Correctional Service from office for good cause and in the public interest and in accordance with the provisions of any Act of Parliament which may prescribe procedures considered to be expedient for this purpose.