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SCHEDULE 4
Election of Members of the National
Assembly
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| (1) |
For the purpose
of filling the seventy-two (72) seats in the National Assembly
pursuant to the provisions of Article 46 (1)(a) hereof, the total
number of votes cast in a general election for these seats shall
be divided by seventy-two (72) and the result shall constitute
the quota of votes per seat. |
| (2) |
The total number
of votes cast in favour of a registered political party which
offers itself for this purpose shall be divided by the quota
of votes per seat and the result shall, subject to paragraph
(3), constitute the number of seats to which that political party
shall be entitled in the National Assembly. |
| (3) |
Where the formula
set out in paragraph (2) yields a surplus fraction not absorbed
by the number of seats allocated to the political party concerned,
such surplus shall compete with other similar surpluses accruing
to any other political party or parties participating in the
election, and any undistributed seat or seats (in terms of the
formula set out in paragraph (2)) shall be awarded to the party
or parties concerned in sequence of the highest surplus. |
| (4) |
Subject to the requirements
pertaining to the qualification of members of the National Assembly,
a political party which qualifies for seats in terms of paragraphs
(2) and (3) shall be free to choose in its own discretion which
persons to nominate as members of the National Assembly to fill
the said seats. |
| (5) |
Provision shall
be made by Act of Parliament for all parties participating in
an election of members of the National Assembly to be represented
at all material stages of the election process and to be afforded
a reasonable opportunity for scrutinising the counting of the
votes cast in such election. |
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SCHEDULE
5
Property vesting in The Government
of Namibia
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| (1) |
All property of
which the ownership or control immediately prior to the date
of Independence vested in the Government of the Territory of
South West Africa, or in any Representative Authority constituted
in terms of the Representative Authorities Proclamation, 1980
(Proclamation AG 8 of 1980), or in the Government of Rehoboth,
or in any other body, statutory or otherwise, constituted by
or for the benefit of any such Government or Authority immediately
prior to the date of Independence, or which was held in trust
for or on behalf of the Government of an independent Namibia,
shall vest in or be under the control of the Government of Namibia. |
| (2) |
For the purpose
of this Schedule, "property" shall, without detracting
from the generality of that term as generally accepted and understood,
mean and include movable and immovable property, whether corporeal
or incorporeal and wheresoever situate, and shall include any
right or interest therein. |
| (3) |
All such immovable
property shall be transferred to the Government of Namibia without
payment of transfer duty, stamp duty or any other fee or charge,
but subject to any existing right, charge, obligation or trust
on or over such property and subject also to the provisions of
this Constitution. |
| (4) |
The Registrar of
Deeds concerned shall upon production to him or her of the title
deed to any immovable property mentioned in paragraph (1) endorse
such title deed to the effect that the immovable property therein
described is vested in the Government of Namibia and shall make
the necessary entries in his or her registers, and thereupon
the said title deed shall serve and avail for all purposes as
proof of the title of the Government of Namibia to the said property. |