Supreme Court | |
---|---|
Established | 21 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 length | May serve until the age of 65 (extendable to the age of 70 by the President) |
Number of positions | 4 |
Website | ejustice.jud.na |
Chief Justice of Namibia | |
Currently | Peter Shivute |
Since | 1 December 2004 |
Deputy Chief Justice of Namibia | |
Currently | Petrus Damaseb |
Since | 12 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]
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]
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]
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]
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 [update] Chief Justice is His Lordship Peter Shivute. [1]
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August 1833 to hear appeals formerly heard by the King-in-Council, the Privy Council formerly acted as the court of last resort for the entire British Empire, other than for the United Kingdom itself.
The Supreme Court of Israel is the highest court in Israel. It has ultimate appellate jurisdiction over all other courts, and in some cases original jurisdiction.
The Court of Appeal of Singapore is the highest court in the judicial system of Singapore. It is the upper division of the Supreme Court of Singapore, the lower being the High Court. The Court of Appeal consists of the chief justice, who is the president of the Court, and the judges of the Court of Appeal. The chief justice may ask judges of the High Court to sit as members of the Court of Appeal to hear particular cases. The seat of the Court of Appeal is the Supreme Court Building.
Ronald Lawrence Buckwalter is an inactive senior United States district judge of the United States District Court for the Eastern District of Pennsylvania.
Pace v. Alabama, 106 U.S. 583 (1883), was a case in which the United States Supreme Court affirmed that Alabama's anti-miscegenation statute was constitutional. This ruling was rejected by the Supreme Court in 1964 in McLaughlin v. Florida and in 1967 in Loving v. Virginia. Pace v. Alabama is one of the oldest court cases in America pertaining to interracial sex.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in Namibia have expanded in the 21st century, although LGBTQ people still have limited legal protections. Namibia's colonial-era laws criminalising male homosexuality were historically unenforced, and were overturned by the country's High Court in 2024.
Medellín v. Texas, 552 U.S. 491 (2008), was a decision of the United States Supreme Court that held even when a treaty constitutes an international commitment, it is not binding domestic law unless it has been implemented by an act of the U.S. Congress or contains language expressing that it is "self-executing" upon ratification. The Court also ruled that decisions of the International Court of Justice are not binding upon the U.S. and, like treaties, cannot be enforced by the president without authority from Congress or the U.S. Constitution.
The Caprivi treason trial is a trial in which the Government of Namibia indicted 132 people for allegedly participating in the Caprivi conflict on the side of the Caprivi Liberation Army during a period between 1992 and 2002. They were charged with high treason, murder, sedition, and many other offences, altogether 278 counts of criminal conduct.
John Oliver Manyarara was a judge at the High Court of Zimbabwe, Judge of Appeal of the Zimbabwe Supreme Court, and Acting Judge at the High Court in Windhoek, Namibia. He was also the founding chairperson of the Media Institute of Southern Africa (MISA) Trust Fund Board; an award for investigative journalism carries his name.
The chief justice of Namibia, sometimes also referred to as the judge president, is the head of the Supreme Court of Namibia, the highest appellate court in Namibia. It is the highest post in the Namibian judicial system, presiding over the operation of the supreme court. The position was created on 21 March 1990, the day of Namibian independence, along with the foundation of the Supreme Court.
The Supreme Court of Nauru was the highest court in the judicial system of the Republic of Nauru until the establishment of the Nauruan Court of Appeal in 2018.
Geldenhuys v National Director of Public Prosecutions and Others is a decision of the Constitutional Court of South Africa which struck down as unconstitutional a law which set the age of consent at 19 for homosexual sex but only 16 for heterosexual sex.
Wlotzkasbaken or Wlotzka's Baken is a holiday settlement on Namibia's Atlantic coast, situated approximately halfway between Swakopmund and Hentiesbay. The area around the village lies within the Dorob National Park and features extensive lichen colonies.
The Criminal Law Amendment Act, 1997 is an act of the Parliament of South Africa which dealt with the consequences of the Constitutional Court's ruling in S v Makwanyane in which capital punishment was declared to be unconstitutional. The act repealed the laws allowing for the death penalty and amended various other laws referring to death sentences or capital offences. It also established a procedure by which existing death sentences could be converted to prison sentences, and fixed minimum sentences for certain serious crimes. The act came into force on 13 November 1998, except for the minimum sentencing provisions, which came into force on 1 May 1998.
The Kareeboomvloer massacre was a 2005 mass murder on the Kareeboomvloer farm in the Hardap Region of Namibia, situated between Rehoboth and Kalkrand. It was the "biggest bloodbath in Namibian criminal history".
LM & Others v Government of Namibia is a legal case regarding coerced sterilisation of three women in Namibia in 2005 and 2007. The women argued they had not properly consented to sterilisation due to not being informed of the contents of the consent form, not understanding the medical staff, or coercion by being told their caesareans would not be performed unless they consented to the sterilisation. All the women were HIV-positive and believe they were targeted for sterilization based on this.
The judiciary of Namibia consists of a three-tiered set of courts, the Lower, High and Supreme Courts. Parallel to this structure there are traditional courts dealing with minor matters and applying customary law.
Simpson Victor Mutambanengwe was a Zimbabwean judge. He served on the High Courts of Zimbabwe and Namibia and was the chairperson of the Zimbabwean Electoral Commission.
General elections were held in Namibia on 27 November 2019. Ballots were cast using electronic voting. A total of eleven candidates ran for the presidency and fifteen political parties contested the National Assembly elections.
Same-sex marriage is not legal in Namibia. On 16 May 2023, the Supreme Court ruled 4–1 that same-sex marriages concluded outside of Namibia should be recognised for residency purposes. A bill seeking to overturn the ruling has passed the Parliament of Namibia and awaits President Nangolo Mbumba's signature.
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