47

Article 47 Disqualification of Members (1) No persons may become members of the National Assembly if they: (a) have at any time after Independence been convicted of any offence in Namibia, or outside Namibia if such conduct would have constituted an offence within Namibia, and for which they have been sentenced to death or to imprisonment of more than twelve (12) months without the option of a fine, unless they have received a free pardon or unless such imprisonment has expired at least ten (10) years before the date of their election; or (b) have at any time prior to Independence been convicted of an offence, if such conduct would have constituted an offence within Namibia after Independence, and for which they have been sentenced to death or to imprisonment of more than twelve (12) months without the option of a fine, unless they have received a free pardon or unless such imprisonment has expired at least ten (10) years before the date of their election: provided that no person sentenced to death or imprisonment for acts committed in connection with the struggle for the independence of Namibia shall be disqualified under this Sub- Article from being elected as a member of the National Assembly; or (c) are unrehabilitated insolvents; or (d) are of unsound mind and have been so declared by a competent Court; or (e) are remunerated members of the public service of Namibia; or (f) are members of the National Council, Regional Councils or Local Authorities. (2) For the purposes of Sub-Article (1) hereof: (a) no person shall be considered as having been convicted by any Court until any appeal which might have been noted against the conviction or sentence has been determined, or the time for noting an appeal against such conviction has expired; (b) the public service shall be deemed to include the defence force, the police force, the correctional service, para-statal enterprises, Regional Councils and Local Authorities.