28

Article 28 Election of the President and appointment of the Vice-President (1) The President shall be elected in accordance with the provisions of this Constitution and subject thereto. (1A) A Vice-President shall be appointed by the President from the elected members of the National Assembly in accordance with the provisions of this Constitution. (2) Election of the President shall be: (a) by direct, universal and equal suffrage; and (b) conducted in accordance with principles and procedures to be determined by Act of Parliament: provided that no person shall be elected as President unless he or she received more than fifty (50) per cent of the valid votes cast and if no candidate received more than fifty (50) percent of the votes, a second ballot shall be conducted in which the two (2) candidates who have received the most votes in the previous ballot shall participate and the candidate who received the most votes in the second ballot shall be duly elected. (2A) The Vice-President shall: (a) serve at the pleasure of the President; (b) deputise, assist and advise the President, in the performance of his or her duties as may be required by the President, to whom he or she shall be accountable; (c) upon appointment resign as a member of the National Assembly in accordance with Article 48(1)(c) hereof; (d) not at the same time be the Prime Minister, Deputy-Prime Minister, a Minister or any other office bearer in the Government of Namibia; (e) be subject to the conditions of service, remuneration as may be provided by Act of Parliament; (f) while acting as President has the same immunity as provided in Article 31 and after he or she has acted as President also has the same immunity as the President has after leaving office; and (g) in the event of resignation, dismissal, death or incapacity be replaced by a person appointed by the President under this Constitution. (2B) Before formally assuming office, the Vice-President shall make and subscribe to an oath or solemn affirmation before the Chief Justice, the Deputy-Chief Justice or another Judge designated by the Chief Justice, in terms set out in Schedule 2 hereof. (2C) If the President-elect is unable to assume office due to his or her death, incapacity, disqualification or other reason, the Vice- President appointed by the President whose term is due to expire, shall make the oath or affirmation contained in Article 30 of this Constitution before the Chief Justice, the Deputy-Chief Justice or another Judge designated by the Chief Justice and assume the Office of President in an acting capacity until the assumption of office by the President elected in the subsequent presidential by- election as contemplated in Article 29(4)(b). (3) Every citizen of Namibia by birth or descent, over the age of thirty-five (35) years, and who is eligible to be elected to office as a member of the National Assembly shall be eligible for election as President. (4) The procedures to be followed for the nomination of candidates for election as President, and for all matters necessary and incidental to ensure the free, fair and effective election of a President, shall be determined by Act of Parliament: provided that any registered political party shall be entitled to nominate a candidate, and any person supported by a minimum number of registered voters to be determined by Act of Parliament shall also be entitled to be nominated as a candidate.