The Judiciary
The Judiciary In terms of Article 78 of the Constitution, judicial powers are vested in the Courts of Namibia, which consists of:
- Supreme Court
- High Court
- Lower Courts
The Courts are independent and subject only to the Constitution and the law. No member of the Cabinet or the Legislative or any other person shall interfere with Judges or Judicial Officers in the exercise of their judicial functions.
The judiciary branch is the third branch of Government and it is responsible for the interpretation of the laws of the Country as well as decisions and behaviour of State and Government officials.
► Supreme Court
The Highest Court in Namibia is the Supreme Court, which is headed by a Chief Justice who is assisted by other Judges appointed by the President on the recommendation of the Judicial Service Commission.
The Judicial Service Commission is established in terms of Article 85 of the Constitution whose function is to make recommendations with regard to all judicial appointments and disciplinary actions against a Judge. The Judicial Service Commission consists of the Chief Justice, or the presiding officer of the Supreme Court, a Judge nominated by the President, the Attorney-General and two representatives from the legal profession.
► High Court
The second highest Court in Namibia is the High Court, which consists of the Judge-President and other Judges appointed by the President on the recommendation of the Judicial Service Commission.
► Lower Courts
Lower Courts shall be established by Act of Parliament and shall have the jurisdiction and adopt the procedures prescribed by such Act and regulations made hereunder. Lower Courts shall be presided by Magistrate or other judicial officers appointed in accordance with procedures prescribed by Act of Parliament. Other important judicial offices are those of the Attorney-General and the Prosecutor-General, who are the Chief Law Enforcement Officers in the Government. The two offices are political appointments whose terms expire with that of the Government under which they were appointed.
The Ombudsman Chapter 10 of the Constitution establishes the office of the Ombudsman as an important person in the administration and oversight of justice in all Government Offices in Namibia. The Ombudsman is a lawyer or a judge appointed by the President to guard against corruption and injustice in the Government and to help protect the fundamental human rights and freedoms of all the people. He/she has wide-ranging powers and the right to subpoena and question persons and refer matters to the Courts of law, as circumstances require.
