Court organization in Namibia
The judicial system in the Republic of Namibia consists of the Supreme Court ( Supreme Court and Constitutional Court at the same time ), the High Court (highest civil and criminal court, in individual cases also for constitutional questions) and a number of subordinate courts ( Lower Courts ).
According to the constitution, the courts are absolutely independent and only bound by the constitution and laws.
Superior courts
The Supreme Court and the High Court were introduced by the Constitution of Namibia in Articles 78-80 in 1990. The Supreme Court is the highest instance of Namibian jurisdiction. At the same time, it performs the tasks of a constitutional court. The decisions and judgments of the Supreme Court are final and can only be changed by the court itself or by law from Parliament.
The High Court also has the power to interpret the constitution and is the higher authority of the Lower Courts. The Labor Court is a division of the High Court.
Lower courts
The Lower Courts form the lowest legal authority in Namibia. They are divided into:
Appointment and dismissal of judges
Supreme and High Court judges are appointed by the President of Namibia based on his status as Chairman of the Judicial Service Commission (JSC). The JSC makes proposals to the President and makes recommendations for appointment. The JSC consists of the highest judge of the Supreme Court, a presidential appointed judge, the attorney general and two persons appointed by the highest legal representative organization in Namibia, mostly lawyers .
With the exception of the “Acting Judges”, all judges are in office up to the age of 65, and up to 70 at the request of the President. Dismissal is only possible on the basis of abuse of office or insanity .
literature
- Sam K. Amoo: An Introduction to Namibian Law . Macmillan Education Namibia, Windhoek 2008, ISBN 978-99916-0-943-0 , Chapter 4 - The Structure of the Namibian Judicial System, pp. 175-195 .
Web links
- Highest Courts Namibia (Superior Courts )
- eJustice Portal Namibia (English)
- Constitution of the Republic of Namibia (English)