Supreme Court of Namibia

Supreme Court building in central Windhoek

Namibia

This article is part of the series: Politics and government of Namibia

Constitution Constituent Assembly Government Legislature Parliament National Council Chairman: Asser Kuveri Kapere Regions Constituencies National Assembly Speaker: Theo-Ben Gurirab Executive President: Hifikepunye Pohamba Cabinet Prime Minister: Nahas Angula Judiciary Judicial system Supreme Court Chief Justice: Peter Shivute Elections Political Parties Elections in Namibia General election 2009 Local and Regional election 2010 Foreign relations

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The Supreme Court of Namibia is the supreme court in all matters under Namibian law. It is the court of last resort and highest appellate court in the country. It is located in the centre of the capital Windhoek.

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 possible; 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.

Court building

At its inception in 1990 the Supreme Court did not have its own building. 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". It was designed in an north African style in order to avoid resemblance of European colonial buildings, and it is Windhoek's only building erected post-independence in an African style of architecture. It contains two court rooms, four offices for Justices, and a law library on first floor. Erection and design of the building involved extensive geotechnical investigations because it is situated on top of a geological fault.

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.

A Supreme Court decision can only be reverted by an Act of Parliament that contradicts it, or by Supreme Court itself.

Structure and appointment

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

Notable cases

In a civil matter spinning off from the Caprivi treason trial the Supreme Court of Namibia ordered (Government of Namibia and Others vs. Mwilima and Others) government to provide the treason suspects with legal representation in 2002. In 2010 the court was again involved in this trial, ruling (State vs. Malumo and 24 Others) that confessions from 25 accused are inadmissible before the High Court in Windhoek due to the occurrence of "coercive actions" at the hands of Police or military to obtain the testimonies.