32

Article 32 Functions, Powers and Duties (1) As the Head of State, the President shall uphold, protect and defend the Constitution as the Supreme Law, and shall perform with dignity and leadership all acts necessary, expedient, reasonable and incidental to the discharge of the executive functions of the Government, subject to the overriding terms of this Constitution and the laws of Namibia, which he or she is constitutionally obliged to protect, to administer and to execute. (2) In accordance with the responsibility of the executive branch of Government to the legislative branch, the President and the Cabinet shall each year during the consideration of the official budget attend Parliament. During such session the President shall address Parliament on the state of the nation and on the future policies of the Government, shall report on the policies of the previous year and shall be available to respond to questions. (3) Without derogating from the generality of the functions and powers contemplated by Sub-Article (1) hereof, the President shall preside over meetings of the Cabinet and shall have the power, subject to this Constitution to: (a) dissolve the National Assembly by Proclamation in the circumstances provided for in Article 57(1) hereof; (b) determine the times for the holding of special sessions of the National Assembly, and to prorogue such sessions; (c) accredit, receive and recognise ambassadors, and to appoint ambassadors, plenipotentiaries, diplomatic representatives and other diplomatic officers, consuls and consular officers; (d) pardon or reprieve offenders, either unconditionally or subject to such conditions as the President may deem fit; (e) negotiate and sign international agreements, and to delegate such power; (f) declare martial law or, if it is necessary for the defence of the nation, declare that a state of national defence exists: provided that this power shall be exercised subject to the terms of Article 26(7) hereof; (g) establish and dissolve such Government departments and ministries as the President may at any time consider to be necessary or expedient for the good government of Namibia; (h) confer such honours as the President considers appropriate on citizens, residents and friends of Namibia in consultation with interested and relevant persons and institutions; (i) appoint the following persons: (aa) the Vice-President; (bb) the Prime Minister; (cc) the Deputy-Prime Minister; (dd) Ministers and Deputy-Ministers; (ee) the Attorney-General; (ff) the Director-General of Planning; (gg) the Head of the Intelligence Service; (hh) any other person or persons who are required by any other provision of this Constitution or any other law to be appointed by the President. (3A) In the appointment of the Vice-President, the President shall have due regard for the need to obtain a balanced reflection of the national character of the people of Namibia. (4) The President shall also have the power, subject to this Constitution, to appoint: (a) on the recommendation of the Judicial Service Commission: (aa) the Chief Justice, the Judge-President of the High Court and other Judges of the Supreme Court and the High Court; (bb) the Ombudsman; (cc) the Prosecutor-General; (b) on the recommendation of the Public Service Commission: (aa) the Auditor-General; (bb) the Governor and Deputy-Governors of the Central Bank (c) on the recommendation of the Security Commission: (aa) the Chief of the Defence Force; (bb) the Inspector-General of Police; (cc) the Commissioner-General of Correctional Service. (5) Subject to the provisions of this Constitution dealing with the signing of any laws passed by Parliament and the promulgation and publication of such laws in the Gazette, the President shall have the power to: (a) sign and promulgate any Proclamation which by law he or she is entitled to proclaim as President; (b) initiate, in so far as he or she considers it necessary and expedient, laws for submission to and consideration by the National Assembly; (c) appoint as members of the National Assembly but without any vote therein, not more than eight (8) persons by virtue of their special expertise, status, skill or experience. (6) Subject to the provisions of this Constitution or any other law, any person appointed by the President pursuant to the powers vested in him or her by this Constitution or any other law may be removed by the President by the same process through which such person was appointed. (7) Subject to the provisions of this Constitution and of any other law of application in this matter; the President may, in consultation with the Cabinet and on the recommendation of the Public Service Commission: (a) constitute any office in the public service of Namibia not otherwise provided for by any other law; (b) appoint any person to such office; (c) determine the tenure of any person so appointed as well as the terms and conditions of his or her service. (8) All appointments made and actions taken under Sub-Articles (3), (4), (5), (6) and (7) hereof shall be announced by the President by Proclamation in the Gazette. (9) Subject to the provisions of this Constitution and save where this Constitution otherwise provides, any action taken by the President pursuant to any power vested in the President by the terms of this Article shall be capable of being reviewed, reversed or corrected on such terms as are deemed expedient and proper should there be a resolution proposed by at least one-third of all the members of the National Assembly and passed by a two-thirds majority of all the members of the National Assembly disapproving any such action and resolving to review, reverse or correct it. (10) Notwithstanding the review, reversal or correction of any action in terms of Sub-Article (9) hereof, all actions performed pursuant to any such action during the period preceding such review, reversal or correction shall be deemed to be valid and effective in law, until and unless Parliament otherwise enacts.