PRESIDENT Hifikepunye Pohamba will on Tuesday officially open the new parliamentary year, during the course of which an amendment to the Constitution is scheduled to be introduced.
It will be the seventh session of the fourth Parliament, meaning the fourth legislative period since 1990, counting the five-year periods between elections. The theme for this year’s opening of Parliament is ‘Citizen’s Rights and Responsibilities in a Living Parliament’.In August 2006, President Pohamba chose the birthday party of former Prime Minister Dr Hage Geingob to announce that he wanted the nation to hold a referendum, saying a referendum law was missing in the country’s legal framework.”I am convinced that we need to reinforce our legal framework by bringing forth the Referendum Act, which will enable our nation to express itself with a clear and unequivocal voice on issues of national interest,” Pohamba said then, but he did not reveal what the referendum would be about.Pohamba added that he believed such a law was necessary “in order to fill the gap that exists in our legal framework”.He hoped the debate on the proposed bill would be conducted smoothly in consultation with all relevant stakeholders so that the Referendum Act could be passed and signed into law before the end of 2008, Pohamba said in 2006.It is the second time that Government has eyed changing the constitution.The first time was in 1998, when a controversial third term for former President Sam Nujoma was bulldozed through by the overwhelming majority of Swapo MPs.A Government official who deals with Parliamentary issues told The Namibian that a referendum bill had been prepared last year, but still had to be scrutinised by the relevant Cabinet committee.”The proposed constitutional amendment is not a major issue, it deals with changing the office terms for regional and local councils, as already decided by Government a while ago,” said the official, who spoke on condition of anonymity.In order to amend the Constitution, a two-thirds majority of both the National Assembly and the National Council is required.Should an amendment to the Constitution achieve the two-thirds majority in the National Assembly but not in the National Council, the Head of State “may by proclamation make the Bill containing the proposed repeals and/or amendments the subject of a national referendum,” according to Article 132 (3a).Under (3b) it states further that a referendum would require a new law.According to a statement issued by the National Assembly Secretariat this week, 14 other bills are to be tabled in the National Assembly this year.Other draft legislation to be brought before the House includes the Anti-Terrorism Bill, the Trade in Wildlife Bill, the Chemical Weapons Convention Bill, the State Finance Bill to replace the existing State Finance Act and the Prevention of Organised Crime Bill.To allow the opening ceremony to run smoothly, access roads to the historic Tintenpalast (ink palace) building will be closed from mid-morning on Tuesday for the parade of the presidential guard of the 21st Battalion from State House to the parliament buildings.The Head of State will be welcomed at the entrance gate to the Government buildings by Theo-Ben Gurirab, Speaker of the National Assembly, and Chief Justice Peter Shivute.The procession will be welcomed by various cultural groups along the way.President Pohamba will inspect the guard of honour while the NDF military band will provide music fit for the occasion.Gun salutes will be fired.Once inside the Chamber, President Pohamba will deliver the opening speech before Members of Parliament, including those of the National Council, the House of Review.The theme for this year’s opening of Parliament is ‘Citizen’s Rights and Responsibilities in a Living Parliament’.In August 2006, President Pohamba chose the birthday party of former Prime Minister Dr Hage Geingob to announce that he wanted the nation to hold a referendum, saying a referendum law was missing in the country’s legal framework.”I am convinced that we need to reinforce our legal framework by bringing forth the Referendum Act, which will enable our nation to express itself with a clear and unequivocal voice on issues of national interest,” Pohamba said then, but he did not reveal what the referendum would be about.Pohamba added that he believed such a law was necessary “in order to fill the gap that exists in our legal framework”.He hoped the debate on the proposed bill would be conducted smoothly in consultation with all relevant stakeholders so that the Referendum Act could be passed and signed into law before the end of 2008, Pohamba said in 2006.It is the second time that Government has eyed changing the constitution.The first time was in 1998, when a controversial third term for former President Sam Nujoma was bulldozed through by the overwhelming majority of Swapo MPs.A Government official who deals with Parliamentary issues told The Namibian that a referendum bill had been prepared last year, but still had to be scrutinised by the relevant Cabinet committee.”The proposed constitutional amendment is not a major issue, it deals with changing the office terms for regional and local councils, as already decided by Government a while ago,” said the official, who spoke on condition of anonymity.In order to amend the Constitution, a two-thirds majority of both the National Assembly and the National Council is required.Should an amendment to the Constitution achieve the two-thirds majority in the National Assembly but not in the National Council, the Head of State “may by proclamation make the Bill containing the proposed repeals and/or amendments the subject of a national referendum,” according to Article 132 (3a).Under (3b) it states further that a referendum would require a new law.According to a statement issued by the National Assembly Secretariat this week, 14 other bills are to be tabled in the National Assembly this year.Other draft legislation to be brought before the House includes the Anti-Terrorism Bill, the Trade in Wildlife Bill, the Chemical Weapons Convention Bill, the State Finance Bill to replace the existing State Finance Act and the Prevention of Organised Crime Bill.To allow the opening ceremony to run smoothly, access roads to the historic Tintenpalast (ink palace) building will be closed from mid-morning on Tuesday for the parade of the presidential guard of the 21st Battalion from State House to the parliament buildings.The Head of State will be welcomed at the entrance gate to the Government buildings by Theo-Ben Gurirab, Speaker of the National Assembly, and Chief Justice Peter Shivute.The procession will be welcomed by various cultural groups along the way.President Pohamba will inspect the guard of honour while the NDF military band will provide music fit for the occasion.Gun salutes will be fired.Once inside the Chamber, President Pohamba will deliver the opening speech before Members of Parliament, including those of the National Council, the House of Review.
