The National Council (NC) recently concluded its 15th session with the passage of four Bills which were approved without amendments. 

The passed Bills include the Regularisation of Status of Certain Residents of Namibia, Their Descendants, and Foreign Spouses Bill; the Civil Registration and Identification Bill; the Health Professions Bill; and the Appropriation Amendment Bill. As a legislative review chamber, the NC ensures scrutiny and refines laws passed by the National Assembly (NA). It refers them back to the NA for ratification, before being sent to the Head of State to be signed and gazetted into law.

Silver lining

In the middle of this year, home affairs’ minister Albert Kawana introduced the Regularisation of Status of Certain Residents of Namibia, their Descendants, and Foreign Spouses Bill in the National Assembly.

Should it be signed into law, it would mean that the holders of South West Africa Identification Documents (SWA IDs), their descendants, and their foreign spouses who are currently unable to obtain Namibian citizenship under the current legislative framework, will become eligible for citizenship. 

In essence, this Bill will ensure Namibian citizenship by naturalisation – their descendants who were born outside South West Africa or Namibia will acquire Namibian citizenship by descent, while those who were born in South West Africa or Namibia will acquire Namibian citizenship by birth; and their foreign spouses will acquire Namibian citizenship by marriage.

When he tabled the Bill, Kawana stated that Namibia still has people who are in possession of SWA IDs, and they are unable to obtain citizenship due to various legal impediments, such as the submission of a police clearance certificate from the country of origin.

“Despite these legal impediments, which cannot be addressed in the Namibian Citizenship Act of 1990, we are all cognisant of the fact that it has been 34 years since Namibia gained independence. The category of persons who are affected have been in Namibia since before independence, and have no other home except Namibia. Some arrived in Namibia in 1978, making their residence in Namibia close to 50 years,” the minister submitted at the time.

Based on data from the National Population Registration System and official statistics published in the latest Namibia Inter-Censal Survey of 2016 by the Namibia Statistics Agency, it was indicated that by 2016, about 5 000 persons were still in possession of SWA IDs.

Eligibility

The document indicates that a minor descendant of a SWA ID holder may apply for Namibian citizenship by birth or descent if they are not yet registered as a citizen.

 This applies if the parent or ascendant is deceased but would have qualified for citizenship, or if the living parent qualifies for citizenship, but refuses or fails to apply.

Additionally, a foreign spouse of a person eligible for citizenship may apply for
Namibian citizenship by marriage within five years of the Act’s commencement. 

Eligibility requires proof of a genuine marriage, residency in Namibia as a spouse, and evidence of the marriage. However, it excludes foreign spouses who were diplomats, career representatives, illegal immigrants or members of foreign security forces at war with Namibia at the time of marriage.

While this Bill portrays a silver lining for this demographic that for decades has been deprived of citizenship and rights thereof, it nonetheless prohibits them from the retroactive right to benefits and other incidental matters. “Those benefits can only be claimed from the date of issue of such certificate of Namibian citizenship,” reads the Bill.

Civil Registration Bill

Another Bill given the green light by the NC is the Civil Registration and Identification Bill, which streamlines and modernises the country’s system for recording vital events, and consolidating various outdated laws under a single comprehensive framework. 

This Bill introduces the National Population Registration System (NPRS), which replaces the old Population Register, and expands its scope to include all residents, not just citizens and permanent residents.

A key feature of this Bill is the introduction of e-notices for events such as births and deaths, which will digitise and accelerate administrative processes. Should this turn into a law, it will mandate electronic notification for births occurring in healthcare facilities, simplifying registration while ensuring accuracy. Another element is the special provisions for marginalised groups. 

Clause 18 of this Bill ensures that abandoned children – if no other nationality can be determined – “must be registered as Namibian citizens.” Similarly, the registration of children born to refugees aligns with international standards, safeguarding their legal identity.

Health Professions Bill

Meanwhile, the Health Professions Bill will strengthen the regulation and oversight of healthcare professionals in the country.

It will establish the Health Professions Council of Namibia, tasked with maintaining professional standards, licensing practitioners, and overseeing disciplinary actions.

Clause 4 of the Bill highlights the council’s public service mandate: “To promote and regulate inter-professional liaison between health professions in the interest of the public.” 

The council will also inspect healthcare facilities and monitor training institutions to ensure quality. The Bill “emphasises continuing professional development, requiring practitioners to participate in ongoing education to maintain their licences”. Disciplinary mechanisms for unprofessional conduct are also outlined in the Bill, ensuring accountability and trust in the healthcare system​. The long-awaited Bill was tabled and cleared by Cabinet in April 2016, and sent to the justice ministry in the same year.

In 2017, a local daily reported that red tape has been hampering this Bill, and it was said to have been impeding the government’s vision to realise universal health coverage (UHC).

The World Health Organisation (WHO)’s UHC service coverage index (2019) notes that Namibia scored between 60% and 79%, showing a high availability of and access to most services. However, gaps in equity and adequacy of funding are visible.

Appropriation 

Lastly, the NC approved the Appropriation Amendment Bill, which will provide critical updates to the country’s fiscal allocations, ensuring the government can respond to emerging priorities. –ashikololo@nepc.com.na