Constitution of the Republic of Namibia, 1990

Date of assent: 
21 March 1990
Commencement date: 
21 March 1990

Article 17: Political Activity

1. All citizens shall have the right to participate in peaceful political activity intended to influence the composition and policies of the Government. All citizens shall have the right to form and join political parties and; subject to such qualifications prescribed by law as are necessary in a democratic society to participate in the conduct of public affairs, whether directly or through freely chosen representatives.

Article 19: Culture

Every person shall be entitled to enjoy, practice, profess, maintain and promote any culture, language, tradition or religion subject to the terms of this Constitution and further subject to the condition that the rights protected by this Article do not impinge upon the rights of others or the national interest.

Article 21: Fundamental Freedoms

1. All persons shall have the right to:

a. freedom of speech and expression, which shall include freedom of the press and other media;
b. freedom of thought, conscience and belief, which shall include academic freedom in institutions of higher learning;
c. freedom to practise any religion and to manifest such practice;
d. assemble peaceably and without arms;
e. freedom of association, which shall include freedom to form and join associations or unions, including trade unions and political parties; 
f. withhold their labour without being exposed to criminal penalties;
g. move freely throughout Namibia;
h. reside and settle in any part of Namibia;
i. leave and return to Namibia;
j. practise any profession, or carry on any occupation, trade or business.

2. The fundamental freedoms referred to in Sub-Article (1) hereof shall be exercised subject to the law of Namibia, in so far as such law imposes reasonable restrictions on the exercise of the rights and freedoms conferred by the said Sub-Article, which are necessary in a democratic society and are required in the interests of the sovereignty and integrity of Namibia, national security, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.

Article 22: Limitation upon Fundamental Rights and Freedoms

Whenever or wherever in terms of this Constitution the limitation of any fundamental rights or freedoms contemplated by this Chapter is authorised, any law providing for such limitation shall:

a. be of general application, shall not negate the essential content thereof, and shall not be aimed at a particular individual;
b. specify the ascertainable extent of such limitation and identify the Article or Articles hereof on which authority to enact such limitation is claimed to rest.