Constitution of the Republic of Namibia
140
20
- Jurisdiction
- Namibia
- Provision
- 140
- Source language
- English
- Recorded status
- in force
More details
- Recorded status
- in force
Provision text
Official sourceArticle 140 The Law in Force at the Date of Independence
(1) Subject to the provisions of this Constitution, all laws which were in
force immediately before the date of Independence shall remain in force
until repealed or amended by Act of Parliament or until they are declared
unconstitutional by a competent Court.
(2) Any powers vested by such laws in the Government, or in a Minister or
other official of the Republic of South Africa shall be deemed to vest in the
Government of the Republic of Namibia or in a corresponding Minister or
official of the Government of the Republic of Namibia, and all powers, duties
and functions which so vested in the Government Service Commission, shall
vest in the Public Service Commission referred to in Article 112 hereof.
(3) Anything done under such laws prior to the date of Independence by the
Government, or by a Minister or other official of the Republic of South Africa
shall be deemed to have been done by the Government of the Republic of
Namibia or by a corresponding Minister or official of the Government of the
Republic of Namibia, unless such action is subsequently repudiated by an Act
of Parliament, and anything so done by the Government Service Commission
shall be deemed to have been done by the Public Service Commission
referred to in Article 112 hereof, unless it is determined otherwise by an Act
of Parliament.
(4) Any reference in such laws to the President, the Government, a Minister or
other official or institution in the Republic of South Africa shall be deemed
to be a reference to the President of Namibia or to a corresponding Minister,
official or institution in the Republic of Namibia and any reference to the
Government Service Commission or the government service, shall be
construed as a reference to the Public Service Commission referred to in
Article 112 hereof or the public service of Namibia.
(5) For the purposes of this Article the Government of the Republic of South
Africa shall be deemed to include the Administration of the Administrator-
General appointed by the Government of South Africa to administer Namibia,
and any reference to the Administrator-General in legislation enacted by
such Administration shall be deemed to be a reference to the President of
Namibia, and any reference to a Minister or official of such Administration
shall be deemed to be a reference to a corresponding Minister or official of
the Government of the Republic of Namibia.
Source record
Source and verification
Constitution of the Republic of Namibia · mawlr.gov.na · Retrieved 18 August 2026.
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