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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 ...
The Supreme Court is the highest national forum of appeal. It has inherent jurisdiction over all legal matters in Namibia. It adjudicates, according to art 79 of the Constitution, appeals emanating from the High Court, including appeals which involve the interpretation, implementation and upholding of the Constitution and the fundamental rights and freedoms guaranteed therein.
Namibia has a 'hybrid' or 'mixed' legal system, [1] formed by the interweaving of a number of distinct legal traditions: a civil law system inherited from the Dutch, a common law system inherited from the British, and a customary law system inherited from indigenous Africans (often termed African Customary Law, of which there are many variations depending on the tribal origin).
The trial is the longest and largest in the history of Namibia. While it started in 2003, the court case lasted more than 16 years, with High Court judgement being delivered in December 2015, and a Supreme Court challenge being launched in 2016 and still verdict pending.
Established in 1990, the Ministry of Justice of Namibia provides court representation to ministries, offices, agencies, the master of the High Court, the speaker of the National Assembly, the prosecutor-general, magistrates, the Motor Vehicle Accident Fund, regional councils, recognized traditional authorities, and entities associated with the government administration. [1]
Dave Smuts (David Smuts) is as of 2023 one of the four judges on the Supreme Court of Namibia [1] and the founder of the Legal Assistance Centre. He is a graduate of Harvard Law School. [2] Smuts began practising law in 1980. [2] He assisted in founding Namibia's largest newspaper The Namibian in 1985. [3]
S v Acheson [1] is an important case in Namibian and South African law, especially in the area of criminal procedure. It was heard in the Namibia High Court from 18 to 20 April 1990, by Mahomed AJ, who handed down judgment on 23 April 1990.
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 ...