The constitutionality of regulation 15, section 52(ab) (i) (ii) (iii) of the Namibian Police Act 19 of 1990

Abstract

Abstract provided by author

Freedom of association is one of the fundamental rights which cannot be violated,according to the constitution of Namibia, which is the supreme law of the country. The topic is dealing with the impact of Regulation 15, section 52 (ab) (i) (ii) (iii) of the Namibian Police Act, Act 19 of 1990 on its members constitutional rights

The purpose of this topic is to study the Police Administrative Manual in particular chapter two (2) that clearly stipulates that a member of the Namibian Police Force will be guilty of misconduct if she/he without the written permission of the Inspector- General:(i) Established a trade union or becomes a member of a trade union, (ii) without the written permission of the Inspector-general, takes part in or associates with the activities, objects or matters of the trade union, (iii) Before the permission is contemplated in subparagraph (i) and (ii) has obtained, whether on or off duty, knowingly and deliberately wear, exhibits or uses any badge, emblem, standard, colors, salute, greetings distinctive or device of any kind which associate him or her with such trade union

The main argument is based firstly on article 1(6) which stipulate that the constitution shall be the supreme law of the country. Secondly, article 21 which provides that all persons shall have the right to (1) (e) freedom of association, and article 22 which clearly seeks to ensure compatibility with the rule of law and requires a legal basis for any measures taken thereunder