Namibia

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Question Value
1. Is there a ban on donations from foreign interests to political parties?
  • CodeNo
  • Comment

    141. (1) Any - (a) registered political party or registered organisation; (b) member of a registered party or registered organisation; or (c) other person, may receive within Namibia, or bring or cause to be brought into Namibia, any money or anything which can be cashed or converted into money, from any foreign person or foreign institution which is within or outside Namibia or represented locally in Namibia, which on the ground of a donation or on any other ground, is intended to be used, or in the discretion of the political party, organisation, member or other person may be used, to - (i) further the interest of any political party or organisation or the candidature of himself or herself or any other person who has been nominated or may be nominated as a candidate for any election under this Act; or (ii) to canvass or combat any aim or principle of a political party or organisation, but any such donation is disclosed in the prescribed manner and the total donation amount that the registered political party, registered organisation, member or person can receive may not exceed a prescribed amount in a financial year.

  • Source

    Section 141, Electoral Act 5 of 2014. 

2. Is there a ban on donations from foreign interests to candidates?
  • CodeNo
  • Comment

    141. (1) Any - (a) registered political party or registered organisation; (b) member of a registered party or registered organisation; or (c) other person, may receive within Namibia, or bring or cause to be brought into Namibia, any money or anything which can be cashed or converted into money, from any foreign person or foreign institution which is within or outside Namibia or represented locally in Namibia, which on the ground of a donation or on any other ground, is intended to be used, or in the discretion of the political party, organisation, member or other person may be used, to - (i) further the interest of any political party or organisation or the candidature of himself or herself or any other person who has been nominated or may be nominated as a candidate for any election under this Act; or (ii) to canvass or combat any aim or principle of a political party or organisation, but any such donation is disclosed in the prescribed manner and the total donation amount that the registered political party, registered organisation, member or person can receive may not exceed a prescribed amount in a financial year.

  • Source

    Section 141, Electoral Act 5 of 2014. 

3. Is there a ban on corporate donations to political parties?
  • CodeNo
  • Comment

    The Electoral Act 5 of 2014 does not mention any ban on corporate donations to political parties. 

  • Source

    The Electoral Act 5 of 2014. 

4. Is there a ban on corporate donations to candidates?
  • CodeNo
  • Comment

    The Electoral Act 5 of 2014 does not mention any ban on corporate donations to candidates. 

  • Source

    The Electoral Act 5 of 2014. 

5. Is there a ban on donations from Trade Unions to political parties?
  • CodeNo
  • Comment

    The Electoral Act 5 of 2014 does not mention any ban on donations from Trade Unions to political parties. 

  • Source

    The Electoral Act 5 of 2014. 

6. Is there a ban on donations from Trade Unions to candidates?
  • CodeNo
  • Comment

    The Electoral Act 5 of 2014 does not mention any ban on donations from Trade Unions to candidates.  

  • Source

    The Electoral Act 5 of 2014. 

7. Is there a ban on anonymous donations to political parties?
  • CodeNo
  • Comment

    The Electoral Act 5 of 2014 does not mention anonymous sources at all. 

  • Source

    The Electoral Act 5 of 2014.

8. Is there a ban on anonymous donations to candidates?
  • CodeNo
  • Comment

    The Electoral Act 5 of 2014 does not mention anonymous sources at all. 

  • Source

    The Electoral Act 5 of 2014. 

9. Is there a ban on donations from corporations with government contracts to political parties?
  • CodeNo
  • Comment

    The Electoral Act 5 of 2014 does not mention any ban on donations from corporations with government contracts to political parties. 

  • Source

    The Electoral Act 5 of 2014.

10. Is there a ban on donations from corporations with government contracts to candidates?
  • CodeNo
  • Comment

    The Electoral Act 5 of 2014 does not mention any ban on donations from corporations with government contracts to candidates. 

  • Source

    The Electoral Act 5 of 2014. 

11. Is there a ban on donations from corporations with partial government ownership to political parties?
  • CodeNo
  • Comment

    The Electoral Act 5 of 2014 does not mention any ban on corporations with partial government contracts to political parties. 

  • Source

    The Electoral Act 5 of 2014. 

12. Is there a ban on donations from corporations with partial government ownership to candidates?
  • CodeNo
  • Comment

    The Electoral Act 5 of 2014 does not mention any ban on corporations with partial government contracts to candidates. 

  • Source

    The Electoral Act 5 of 2014. 

13. Is there a ban on the use of state resources in favour or against a political party or candidate?
  • CodeYes
  • Comment

    The section 154 of the Act specifies, that the funds allocated to a political party may not be used directly or indirectly for the purposes of paying any remuneration, fee, reward, perquisite or other benefit to any person (i) representing the political party in Parliament, any regional council or local authority council; or (ii) who holds any other office of profit at any institution.

  • Source
14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period?
  • CodeNo
  • Comment

    However, Section 141 of the Electoral Act states that donations may not exceed a prescribed amount in a financial year, and if they do, parties must disclose to the public within the prescribed period and in the prescribed manner and subject to the prescribed conditions the donations concerned.

  • Source
15. If there is a limit on the amount a donor can contribute to a political party during a non-election specific period, what is the limit?
  • CodeNot applicable
  • Comment
  • Source
16. Is there a limit on the amount a donor can contribute to a political party during an election?
  • CodeNo
  • Comment
  • Source
17. If there is a limit on the amount a donor can contribute to a political party during an election, what is the limit?
  • CodeNot applicable
  • Comment
  • Source
18. Is there a limit on the amount a donor can contribute to a candidate?
  • CodeNo
  • Comment
  • Source
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit?
  • CodeNot applicable
  • Comment
  • Source
20. Is there a limit on the amount a candidate can contribute to their own election campaign?
  • CodeNo
  • Comment

    The Electoral Act 5 of 2014 does not mention any limit on the amount a candidate can contribute to their own campaign. 

  • Source

    The Electoral Act 5 of 2014. 

21. Is there a limit on in-kind donations to political parties?
  • CodeNo
  • Comment
  • Source
22. Is there a limit on in-kind donations to candidates?
  • CodeNo
  • Comment
  • Source
23. Is there a ban on political parties engaging in commercial activities?
  • CodeYes
  • Comment

    Explicitly banned. However, the provision in Section 157 of the Act relates only to moneys allocated from the National Assembly fund, that may not be used directly or indirectly for the purpose of establishing any business or acquiring or maintaining any right or financial interest whatsoever in any business, or in any immovable property, except if the right or interest in the immovable property is to be used by the party solely for party-political purposes.

  • Source
24. Is there a ban on political parties taking loans in relation to election campaigns?
  • CodeNo
  • Comment
  • Source
25. Is there a ban on candidates taking loans in relation to election campaigns?
  • CodeNo
  • Comment
  • Source
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes?
  • CodeNo data
  • Comment
  • Source
27. Are there provisions requiring donations to go through the banking system?
  • CodeNo
  • Comment
  • Source

Question Value
28. Are there provisions for direct public funding to political parties?
  • CodeYes, regularly provided funding
  • Comment

    Funding of political parties

    154. (1) In this Part “political party” means a political party represented in Parliament. (2) The National Assembly must fund political parties with monies appropriated by Parliament for that purpose.

  • Source

    Section 154, Electoral Act 5 of 2014. 

29. What are the eligibility criteria for political parties to receive public funding?
  • CodeRepresentation in elected body
  • Comment

    Funding of political parties

    154. (1) In this Part “political party” means a political party represented in Parliament.

  • Source

    Section 154, Electoral Act 5 of 2014. 

30. What is the allocation calculation for political parties to receive public funding?
  • CodeProportional to votes received
  • CommentFunding allocated proportionally to votes won in the preceding election.
  • Source
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)?
  • CodeNo data
  • Comment

    However, Section 157 of the Act defines that funds allocated to a political party may not be used - (a) directly or indirectly for the purposes of paying any remuneration, fee, reward, perquisite or other benefit to any person - (i) representing the political party in Parliament, any regional council or local authority council; or (ii) who holds any other office of profit at any institution; (b) with a view to financing or contributing to any matter, cause, event or occasion, whether directly or indirectly, in contravention of any code of ethics binding on the members of Parliament or regional councils or local authority councils; (c) directly or indirectly for the purpose of establishing any business or acquiring or maintaining any right or financial interest whatsoever in any business, or in any immovable property, except if the right or interest in the immovable property is to be used by the party solely for party-political purposes; (d) for any other purpose that is incompatible with a political party’s functioning in a modern democracy, as may be prescribed; and (e) for any act which is contrary to the Namibian Constitution or any other law.

  • Source
32. Are there provisions for free or subsidized access to media for political parties?
  • CodeYes
  • Comment

    "In regards to equality in party airtime provision, there is a policy on equal time allocation by the national public broadcaster, the Namibian Broadcasting Corporation (NBC) for all political parties. The number of broadcasts received by each party depends on the number of parties registered for the elections combined with the number of broadcasting slots the NBC makes available. In this regard, each party has been allocated five (5) minutes per week whereby they record their information for five minutes which is aired two days later for five minutes. In addition to this free airtime, parties are free to purchase additional airtime from the NBC for further broadcasts."

  • Source

    EISA Pre-Election Assessment Mission Report, 2014, https://www.eisa.org/pdf/nam2014eisa1.pdf, p.12. 

33. What criteria determine allocation for free or subsidized access to media for political parties?
  • CodeEqual
  • Comment

    "In regards to equality in party airtime provision, there is a policy on equal time allocation by the national public broadcaster, the Namibian Broadcasting Corporation (NBC) for all political parties. The number of broadcasts received by each party depends on the number of parties registered for the elections combined with the number of broadcasting slots the NBC makes available. In this regard, each party has been allocated five (5) minutes per week whereby they record their information for five minutes which is aired two days later for five minutes. In addition to this free airtime, parties are free to purchase additional airtime from the NBC for further broadcasts. The PAM team noted that the equal time allocation by the NBC had been adhered to. Appreciating the new policy on equal airtime on television and radio, the EISA PAM would also like to note that the airtime allocated to the political parties is not adequate" (EISA 2014: 12).

    The Commonwealth Report states, however, that some kind of unequality has been present in the media coverage during the last presidential and general election in 2014.

  • Source

    EISA Pre-Election Assessment Mission Report, 2014, https://www.eisa.org/pdf/nam2014eisa1.pdf, p.12. 

    Report of the Commonwealth Expert Team: Namibia Presidential and National Assembly Elections, 2014, https://thecommonwealth.org/sites/default/files/inline/Namibia%2BReport%2Bof%2Bthe%2BCommonwealth%2BExpert%2BTeam%2B2014.pdf, p. 6-8. 

34. Are there provisions for free or subsidized access to media for candidates?
  • CodeNo
  • Comment

    The provisions for free access to media applies to political parties and not candidates. 

  • Source

    EISA Pre-Election Assessment Mission Report, 2014, https://www.eisa.org/pdf/nam2014eisa1.pdf, p.12.

35. Are there provisions for any other form of indirect public funding?
  • CodeNo
  • Comment

    The Electoral Act 5 of 2014 does not mention any other form of indirect public funding. 

  • Source

    The Electoral Act 5 of 2014. 

36. Is the provision of direct public funding to political parties tied to gender equality among candidates?
  • CodeNo
  • Comment

    "The new Electoral Act (Act 5 of 2014) in Namibia does not provide for gender representation or equality. In the absence of these deliberate provisions aimed at ensuring gender equality at the various positions under contestation, political parties are at liberty to decide for themselves on whether to include women in their lists or not."

  • Source

    EISA Pre-Election Assessment Mission Report, 2014, https://www.eisa.org/pdf/nam2014eisa1.pdf, p.13. 

    The Electoral Act 5 of 2014. 

37. Are there provisions for other financial advantages to encourage gender equality in political parties?
  • CodeNo
  • Comment

    "The new Electoral Act (Act 5 of 2014) in Namibia does not provide for gender representation or equality. In the absence of these deliberate provisions aimed at ensuring gender equality at the various positions under contestation, political parties are at liberty to decide for themselves on whether to include women in their lists or not."

  • Source

    EISA Pre-Election Assessment Mission Report, 2014, https://www.eisa.org/pdf/nam2014eisa1.pdf, p.13. 

    The Electoral Act 5 of 2014. 

Question Value
38. Is there a ban on vote buying?
  • CodeYes
  • Comment

    Mentioned indirectly under the Section 181 (Bribery) of the Act.

    181. (1) A person who, whether himself or herself or through an intermediary and whether directly or indirectly - (a) corruptly gives, lends or procures, or agrees to give, lend or procure, or offers, promises, or promises to procure, or promises to endeavour to procure, any money or any other thing, to or for any voter, or to or for any person on behalf of any voter, or to or for any other person - (i) for the purpose of inducing the voter to record or abstain from recording his or her vote in any election or referendum; or (ii) on account of the fact that the voter has recorded or abstained from recording his or her vote in any election or referendum; (b) makes any gift, loan, offer or promise or effect for the voter, any person on behalf of the voter or any other person any such procurement or enters into any such agreement to or for or with any other person for the purpose of inducing such person to vote for any particular political party, organisation or candidate or for a particular answer in a referendum; (c) upon or in consequence of any gift, loan offer, promise, procurement or agreement, procures or engages or promises or endeavours to procure the vote of any voter in the election or referendum; (d) corruptly advances or pays, or causes to be advanced or paid, any money, to or for the use of, any other person with the intention that the money, or any part thereof, is to be expended on bribery in the election or referendum concerned, or who knowingly pays, or causes to be paid, any money or any other person in discharge or repayment of any money which has in full or in part been expended in bribery in the election or referendum; (e) before or during the election or referendum concerned, receives or negotiates any payment or loan on his or her own behalf or any other person in consideration for his or her voting or his or her agreeing to vote in the election or referendum or his or her abstaining from voting, or his or her agreeing to abstain from voting in the election or referendum; or (f) after the election or referendum has received any money on account of the fact that any other person - (i) has recorded his or her vote or has abstained from recording his or her vote in the election or referendum; or (ii) has induced any further person to record or to abstain from recording his or her vote in the election or referendum, commits an offence.

  • Source

    Section 181, Electoral Act 5 of 2014. 

39. Are there limits on the amount a political party can spend?
  • CodeNo
  • Comment

    The Electoral Act 5 of 2014 does not mention any spending limits for political parties. 

  • Source

    The Electoral Act 5 of 2014. 

40. If there are limits on the amount a political party can spend, what is the limit?
  • CodeNot applicable
  • Comment
  • Source
41. Are there limits on the amount a candidate can spend?
  • CodeNo
  • Comment

    The Electoral Act 5 of 2014 does not mention any spending limits for candidates. 

  • Source

    The Electoral Act 5 of 2014. 

42. If there are limits on the amount a candidate can spend, what is the limit?
  • CodeNot applicable
  • Comment
  • Source
43. Are there limits on the amount that third parties can spend on election campaign activities?
  • CodeNo data
  • Comment
  • Source
44. Are there limits on traditional media advertising spending in relation to election campaigns?
  • CodeNo
  • Comment

    "In addition to this free airtime, parties are free to purchase additional airtime from the NBC for further broadcasts." 

  • Source

    EISA Pre-Election Assessment Mission Report, 2014, https://www.eisa.org/pdf/nam2014eisa1.pdf, p.12. 

45. Are there limits on online media advertising spending in relation to election campaigns?
  • CodeNo data
  • Comment
  • Source
46. Do any other restrictions on online media advertisement (beyond limits) exist?
  • CodeNo data
  • Comment
  • Source

Question Value
47. Do political parties have to report regularly on their finances?
  • CodeYes
  • Comment

    A registered political party must submit annualy to the Electoral Commission of Namibia a declaration of assets and liabilities, which must, among others, state the sources of funds and other assets of the party. Every registered political party must also maintain at its head office an accurate and permanently maintained record consisting of any contribution, donation or pledge of contributions or donations, whether in cash or in kind made to the political party; a statement of its accounts, showing the sources of its funds and the name of every person who has contributed to the funds, including contributions by persons who are not citizens of Namibia, membership dues paid, donations in cash or in kind; and all the financial transactions of the political party which are conducted through, by or with the head or national office of the political party. And a registered political party must cause its financial accounts to be audited once per year, but not later than six months after the end of its financial year, by an auditor. lodge with the Commission a copy of the audited accounts referred to in subsection (3) within six months from the end of its financial year; and (b) publish or cause an abridged version of the accounts to be published in at least two daily newspapers circulating throughout Namibia. The Electoral Act also states, that once every year, the political parties, organisations, members and persons referred to in subsection (1) must in the prescribed manner submit to the Commission details regarding all donations received by such entities or persons (Sections 139-141 of the Electoral Act 5 of 2014).

  • Source

    Sections 139-140, Electoral Act 5 of 2014.

48. Do political parties have to report on their election campaign finances?
  • CodeYes
  • Comment

    Sometimes. Despite there is no specific law in Namibia that deals with campaign funds for parties, Article 141 of the Act allows for funds received from foreign donations to be used to for party and candidate campaigns provided that the donations are disclosed in the prescribed manner and that the total donation amount may not exceed a prescribed amount in a financial year. 

  • Source
49. Do candidates have to report on their election campaign finances?
  • CodeNo
  • Comment

    The Electoral Act 5 of 2014 does not mention any requirements for candidates to report on their campaign finances. 

  • Source

    The Electoral Act 5 of 2014. 

50. Do third parties have to report on election campaign finances?
  • CodeNo data
  • Comment
  • Source
51. Is information in reports from political parties and/or candidates to be made public?
  • CodeSometimes
  • Comment

    Section 141 of the Act states this applies only for an amount of income of a registered political party which exceeds a prescribed amount in a financial year.

  • Source

    Section 141, Electoral Act 5 of 2014.

52. Must reports from political parties and/or candidates reveal the identity of donors?
  • CodeYes
  • Comment

    Section 140 of the Act states that financial records of a registered political party must include, among others, the name of every person who has contributed to the funds of the party.

  • Source

    Section 140, Electoral Act 5 of 2014.

53. Must reports from political parties and/or candidates include information on itemized income?
  • CodeSometimes
  • Comment

    This applies to political parties only. Section 140 of the Act states that financial records of a registered political party must include, among other statement of its accounts, showing the sources of its funds and the name of every person who has contributed to the funds, including (i) contributions by persons who are not citizens of Namibia; (ii) membership dues paid; (iii) donations in cash or in kind; and (iv) all the financial transactions of the political party which are conducted through, by or with the head or national office of the political party.

  • Source

    Section 140, Electoral Act 5 of 2014.

54. Must reports from political parties and/or candidates include information on itemized spending?
  • CodeYes
  • Comment

    Section 140 of the Act states that financial records of a registered political party must include, among other statement of its accounts, showing all the financial transactions of the political party which are conducted through, by or with the head or national office of the political party.

  • Source

    Section 140, Electoral Act 5 of 2014.

55. Which institution(s) receives financial reports from political parties and/or candidates?
  • CodeEMB
  • Comment

    EMB = Electoral Commission of Namibia (ECN).

  • Source

    The Electoral Act 5 of 2014.

56. Which institution(s) is responsible for examining financial reports and/or investigating violations?
  • CodeYes, EMB | Yes, auditing agency
  • Comment

    Internally, every registered party must have an account-officer. Another institution is the auditor. The final instance is the Electoral Commission (Section 158 of the Act).

  • Source

    Section 158, Electoral Act 5 of 2014.

57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations?
  • CodeNo data
  • Comment
  • Source
58. What sanctions are provided for political finance infractions?
  • CodeFines | Prison | Forfeiture | Loss of public funding
  • Comment
  • Source

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