1.                 especially one very strong objection.

2.                 In connection with Clause (1) and (3), I want to refer to Art. 111(3) of Namibia’s Constitution:

“Art. 111(3)          Persons shall be qualified to vote in elections for Local Authority Councils if such persons have been resident within the jurisdiction of a Local Authority for not less than one (1) year immediately prior to such election and if such persons are qualified to vote in elections for the National Assembly.

Art. 111(4)          Different provisions may be made by the Act of Parliament referred to in Sub-Article (2) hereof in regard to different types of Local Authorities.”

3.                 In the first In general I want to welcome the Bill, but I have a few questions, a few remarks and place I am feeling very strongly about the proof of one year’s residence. It is not clear to me how it is done, and how political parties can check it.  In this connection I am afraid everything is not always above board.

4.                 In the second place I seriously want to object that up to now, nothing was done to make use of Art. 111(4) of Namibia’s Constitution to protect the tested rights of the people really concerned in a local authority.  Especially in a place like Windhoek it has as a result that the concerned people are outvoted by the masses of informal settlements or squatter camps.  If there is also no convincing proof of 1 years residence [as is stipulated in Art. 111(3) of Namibia’s Constitution] it will be unconstitutional to have your name on a local authority’s voters registration card.

5.                 You will remember the slogan of no “taxation” before “education”.  This must now be changed to no “registration” without “taxation”.  Rights without responsibilities are the evil of our time!

6.                 As far as Clause 5 [Section 16(b)(2)] is concerned, [that is a voter registration card with a photo], I want, in the first place, to congratulate the Electoral Commission of Namibia that they see their way open to do something in two months time, which the Namibian government and more in particular, the Ministry of Home Affairs, could not do in 14 years time.

7.                 My strong objection is also in connection with clause 5.  More in particular with Section 16(b)(2)(d) an (g), which is even worst then the original of 1992.

In 1992 I accepted it as a temporary arrangement.  In 1994 I moved an amendment in this August House, namely “that sub-clause (4)(a)(ii) of section 16 of the principal Act be deleted”.

After a lengthy debate during the Committee Stage, the amendment was rejected.  Let me only quote one of my arguments.  On the 10^th October 1994, [Debates of N.A., Volume 41, page 105] I, inter alia said the following:

“Mr. Speaker, the Rt. Hon. Prime Minister was once reported that he had said that there are about 40 000 forged pensioners up in the North.  If they could pass the test there, they can  very easily pass a voters’ test also, only by way of a sworn statement which is never followed up.  So, there is no sense in objecting because there is no manner to trace the concerned voter as a result of the time factor and no other mechanism to restrain him from voting.  For example, Mr. Speaker, if voter X registered in Grootfontein, he will not be traced in time to get his voter registration card back from him and he will vote in Otjinene, and nobody will talk about it again.  I am of the opinion that through our present registration process and more in particular the sworn statements, we are making the whole concept of conditions and procedures in connection with Namibian citizenship cheap.”

9.       Last year (2002), I asked the Rt. Honorable Prime Minister a question.  According to the Hansard Volume 58, p.332, he said the following:

“Mr. Pretorius is not here, but the answer is very straightforward.  He wants to know the percentages per regions of those who were registered by way of sworn statements and the reply is as follows, as supplied by the Electoral Commission.

          Caprivi Region                  -          31,5%

Erongo Region                 -          17,7%

Hardap Region                 -          14,3%

Karas Region                             -          17,5%

Kavango Region               -          45,6%

Khomas Region               -          13,4%

Kunene Region                 -          32,8%

Ohangwena Region           -          46,7%

Omaheke Region              -          25,2%

Omusati Region               -          44,2%

Oshana Region                 -          37,5%

Oshikoto Region              -          41,8%

Otjozondjupa Region          -          27,6%”

10.             That means that so recently as last year 30,5% of Namibia’s voters still did not have ID’s.  Looking at the SWAPO strongholds it is even bigger namely 35,3%.  I am not aware of any place in the democratic world, where after 14 years of independence, the registration of voters is still done in such a unconventional manner!

11.             I will therefore strongly oppose this amendment where a “sworn statement” is even further watered down to an “affirmation”.  If an “affirmation” is enough to register more than 30% of Namibia’s voters, it must also be enough to register our pensioners.  Our old people are more in need of bread in their stomachs. Than the right to vote by which they did not have gained anything up to now.

12.             If my opposition is not acceptable, I want to propose that a voter registration card should be enough evidence for a person to apply for Namibian citizenship and an identification card in future.  Art. 17 of Namibia’s constitution stipulated that only a citizen over the age of 18 years has the right to vote.  We can’t overrule the constitution.  We cannot continue with an unconstitutional provision making even the present government unconstitutional.

13.             According to the Minister of Home Affairs, Hon. Jerry Ekandjo, it takes his officials one-hour to analyses three fingerprints.  So for scrutinizing a voters roll based on fingerprints within two or three weeks will be impossible and of no use.

14.              Clause 9 [Section 21(b)(d)].  It is not clear to me why an “association” or an “organisation” is mentioned here together with a “political party” but then further on, for example Clause 11 it is not done again [Section 26(c)(5)].  Why not?

15.             Clause 22.  The same question here.  Or is the definition of a “political party” enough to cover it?

16.             Clause 23.  Here again I have a fundamental problem.  One of the conditions why I supported the party list system instead of wards system in a local authority, election, was that there must be a substitution for the system of an independent candidate.

Now we intend to do away with the institution of an independent candidate and at the same time place a burden on an association or organisation, other than a political party to nominate a number of candidates, “numbering not less than the number of members required to fill the seats” in a local authority.

I believe it is very much unfair and want to propose that the Honorable Minister makes it just the same than in the case of the National Assembly, namely one third of the number of members required to fill the seats in the local authority council or even less.

I really hope that I am interpreting the wording of the proposed Section 68, wrongly.  Please help me right.  Correct me.

17.     Clause 31.  For what it is worth and looking into the future I further want to propose that the word “and” should be added to Art. 82 A (1)(a) to read:  (1)          Where under section 50(1)(a) an election for the President and an election for members of the National Assembly; and/or, etc. etc.

18.     Clause 39.  This is in connection with a amendment of the Local Authorities Act 1992 (Act No. 23 of 1992).

I just want to make 100% sure that the word “party list” here also includes an organisation or association.

19.             Further on I do not really have serious problems and I will support the rest.

But if I would be allowed to express a wish, I would very much like to see duplicate photo of a voter also in the voter’s list.