Supreme Court of Namibia

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Supreme Court
Coat of arms of Namibia.svg
Established21 March 1990
Location Windhoek, Khomas Region, Namibia
Composition method Presidential appointment after consultation with the Judicial Service Commission
Authorised by Constitution of Namibia
Judge term lengthMay serve until the age of 65 (extendable to the age of 70 by the President)
Number of positions4
Website ejustice.jud.na
Chief Justice of Namibia
Currently Peter Shivute
Since1 December 2004
Deputy Chief Justice of Namibia
Currently Petrus Damaseb
Since12 July 2004

The Supreme Court of Namibia is the highest court in the judicial system of Namibia. It is the court of last resort and the highest appellate court in the country. It is located in the city centre of Namibia's capital city, Windhoek. A Supreme Court decision is supreme in that it can only be reversed by an Act of Parliament that contradicts it, or by another ruling of the Supreme Court itself. [1]

Contents

History

Namibia's Supreme Court was founded on 21 March 1990, the day of Namibian Independence. Although it has the Supreme Court of South West Africa as its predecessor, the latter was not a supreme court in the sense that appeals against its rulings would be allowed; the Appellate Division of the Supreme Court of South Africa would hear those, and they would be prosecuted by the Supreme Court of South-West Africa. [1]

Court building

At its inception in 1990, the Supreme Court did not have its own building. [2] The Supreme Court building, situated in Michael Scott Street on Eliakim Namundjebo Plaza in central Windhoek, was built between 1994 and 1996 as an "imposing and functional building" to represent "the integrity and soul of the [...] Constitution". [3] It was designed in a north African style in order to avoid resemblance of European colonial buildings, [4] and it is Windhoek's only building erected post-independence in an African style of architecture. [5] The building was constructed to contain two court rooms, four offices for justices, and a law library on the first floor. Erection and design of the building involved extensive geotechnical investigations because it is situated on top of a geological fault. [3]

Mandate and power

The mandate and powers of the Supreme Court are regulated by Articles 78, 79 and 138 of the Namibian Constitution. It hears appeals against High Court decisions and matters referred from the Attorney General, particularly those that concern constitutional matters. It can also hear matters referred to it by parliamentary authorisation. The Supreme Court regulates its own procedures and makes Rules of Court. [1]

A Supreme Court decision can only be reversed by an Act of Parliament that contradicts it, or by another ruling of the Supreme Court itself. [1]

Structure and appointment

The Chief Justice of Namibia presides over the Supreme Court. They are supported by Judges of Appeal. All Supreme Court judges are appointed by the president on recommendation by the Judicial Service Commission. The current Chief Justice is His Lordship Peter Shivute. [1]

Notable cases

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References

  1. 1 2 3 4 5 "History of the Supreme Court of Namibia". Supreme Court of Namibia. Retrieved 24 November 2010.
  2. "Justice remains a pillar of Namibia's democracy: Chief Justice" (PDF). Government Informational Bulletin. Government of Namibia, Ministry of Information and Communication Technology. March 2010.
  3. 1 2 "Windhoek Supreme Court". Windhoek Consulting Engineers. Archived from the original on 15 March 2012. Retrieved 24 November 2010.
  4. "Virtual tour through the Supreme Court". Supreme Court of Namibia. Archived from the original on 26 March 2013. Retrieved 26 November 2010.
  5. "Windhoek on Foot". Venture Publications. Archived from the original on 3 June 2013. Retrieved 24 November 2010.
  6. Menges, Werner (6 September 2016). "School beatings ruled illegal". The Namibian . p. 3.
  7. Strydom, Johan; Teek, Pio; O'Linn, Bryan (26 June 2019). "Appeal Judgment: Chairperson of the Immigration Selection Board v Frank and Another". Supreme Court of Namibia.
  8. "Appeal Judgment: Government of Namibia and Others vs. Mwilima and Others". Supreme Court of Namibia. 7 June 2002.
  9. Maritz, Gerhard; Strydom, Johan; Mtambanengwe, Simpson (14 September 2010). "Appeal Judgment: State vs. Malumo and 24 Others". Supreme Court of Namibia.
  10. "Erongo Regional Council and Others v Wlotzkasbaken Home Owners Association and Another". Supreme Court of Namibia. 17 March 2009. Retrieved 11 August 2011.
  11. "Government of the Republic of Namibia v LM and Others (SA 49/2012) [2014] NASC 19". Namibia Legal Information Institute. 3 November 2014. Retrieved 7 November 2022.
  12. "S v Gaingob and Others (SA 7 of 2008) [2018] NASC 4". Namibia Legal Information Institute. 6 February 2018. Retrieved 3 April 2024.
  13. Menges, Werner (6 February 2020). "Election survives EVM challenge". The Namibian . p. 1.
  14. Ndeunyema, Ndjodi. "Vote, But You Cannot Verify: The Namibian Supreme Court's Presidential Election Decision". Oxford Human Rights Hub. University of Oxford.
  15. 1 2 Menges, Werner (16 May 2023). "Supreme Court gives legal status to same-sex marriages". The Namibian .
  16. 1 2 3 Menges, Werner (17 May 2023). "Same-sex marriage wins … historic judgement for equal rights". The Namibian . p. 1.
  17. Shikololo, Aletta (22 May 2023). "Same-sex ruling ruffles feathers". New Era .
  18. Matthys, Donald; Mbathera, Ester (22 May 2023). "Politicians rise up against same-sex marriage". The Namibian . p. 1.

Further reading

22°34′08″S17°05′10″E / 22.5689°S 17.0861°E / -22.5689; 17.0861