Namibia - Revision history

IBJadmin: /* Rights in Prison */

2025-02-27T16:09:11Z

Rights in Prison

← Older revision		Revision as of 18:09, 27 February 2025
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	<li>''GLBT Prisoners:''		<li>''GLBT Prisoners:''

	Most Namibian laws aimed at combating violence are gender-neutral and apply equally to all persons, regardless of sexual orientation or gender identity.31		Most Namibian laws aimed at combating violence are gender-neutral and apply equally to all persons, regardless of sexual orientation or gender identity.

	There are no special provisions for LGBTQI Persons in prisons. However, the Namibian Constitution in Art. 10 (Equality and Freedom from Discrimination) states that (1) all persons shall be equal before the law, and that (2) no persons may be discriminated against on the grounds of sex, race, colour, ethnic origin, religion, creed or social or economic status.		There are no special provisions for LGBTQI Persons in prisons. However, the Namibian Constitution in Art. 10 (Equality and Freedom from Discrimination) states that (1) all persons shall be equal before the law, and that (2) no persons may be discriminated against on the grounds of sex, race, colour, ethnic origin, religion, creed or social or economic status.

IBJadmin: /* Court Procedures */

2025-02-27T16:08:58Z

Court Procedures

← Older revision		Revision as of 18:08, 27 February 2025
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	==Court Procedures==		==Court Procedures==

	Namibians have a right to effective, meaningful access to the courts under both domestic and international law. The Namibian Constitution (Art. 5, Art. 12, Art. 18, Art. 25, Art. 10) guarantees access to justice to protect the fundamental rights and freedoms, to ensure administrative justice, to decide on criminal charges and to determine civil rights and obligations.25		Namibians have a right to effective, meaningful access to the courts under both domestic and international law. The Namibian Constitution (Art. 5, Art. 12, Art. 18, Art. 25, Art. 10) guarantees access to justice to protect the fundamental rights and freedoms, to ensure administrative justice, to decide on criminal charges and to determine civil rights and obligations.

	The Namibian judicial system is composed of the Lower Courts, which comprise the regional and district magistrates’ courts and the community courts, the High Court, the Labour Court, and the Supreme Court.26 All magistrates have criminal jurisdiction, but this is subject to certain limitations in respect of the seriousness of the offence, the nature of punishment, and territorial jurisdiction. Magistrates’ courts are the creation of a statute and, therefore, can only exercise powers and impose punishments provided for by the Act. Any exercise of jurisdiction outside the Act will be null and void, in contrast to the inherent jurisdiction of the superior courts.~~27 They~~ are manned by magistrates who are employed by the Ministry of Justice.28 The High Court exercises original jurisdiction and so does the Supreme Court as the highest national forum of appeal.29 Community courts are traditional courts and matters are decided by traditional leaders in the presence of the community.		The Namibian judicial system is composed of the Lower Courts, which comprise the regional and district magistrates’ courts and the community courts, the High Court, the Labour Court, and the Supreme Court. All magistrates have criminal jurisdiction, but this is subject to certain limitations in respect of the seriousness of the offence, the nature of punishment, and territorial jurisdiction. Magistrates’ courts are the creation of a statute and, therefore, can only exercise powers and impose punishments provided for by the Act. Any exercise of jurisdiction outside the Act will be null and void, in contrast to the inherent jurisdiction of the superior courts.2They are manned by magistrates who are employed by the Ministry of Justice. The High Court exercises original jurisdiction and so does the Supreme Court as the highest national forum of appeal. Community courts are traditional courts and matters are decided by traditional leaders in the presence of the community.
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	<li>'''Trial:'''		<li>'''Trial:'''
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	==Rights in Prison==		==Rights in Prison==

IBJadmin: /* Rights of the Accused */

2025-02-27T16:08:31Z

Rights of the Accused

← Older revision		Revision as of 18:08, 27 February 2025
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	<li>Criminal Procedure Act No. 51 of 1977		<li>Criminal Procedure Act No. 51 of 1977

	<ul>The right to legal assistance is a very important constitutional right and is echoed in the Criminal Procedure Act which says that an accused person is entitled to legal assistance from the time of arrest and during any criminal proceedings. This means that the police has a duty to tell an accused person about this right as soon as there is an arrest.17 Failure to do so could mean that statements made to the police by the accused might not be allowed into court as evidence.18 This also means that the magistrate or judge in a criminal matter has a duty to inform an accused person of the right to legal representation.		<ul>The right to legal assistance is a very important constitutional right and is echoed in the Criminal Procedure Act which says that an accused person is entitled to legal assistance from the time of arrest and during any criminal proceedings. This means that the police has a duty to tell an accused person about this right as soon as there is an arrest. Failure to do so could mean that statements made to the police by the accused might not be allowed into court as evidence. This also means that the magistrate or judge in a criminal matter has a duty to inform an accused person of the right to legal representation.

	In the Criminal Procedure Act the entitlement to legal assistance is enshrined in Art. 73 (Chapter 11). </ul></ul>		In the Criminal Procedure Act the entitlement to legal assistance is enshrined in Art. 73 (Chapter 11). </ul></ul>

IBJadmin: /* Source of Defendants Rights */

2025-02-27T16:08:02Z

Source of Defendants Rights

← Older revision		Revision as of 18:08, 27 February 2025
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	The Criminal Procedure Act No. 51 of 1977 regulates every aspect of the criminal justice process, from arrest and bail to trial and sentencing. It is a long law that covers many issues. There have also been amendment texts, such as Criminal Procedure Amendment Act, 1991 (No. 5), Criminal Procedure Amendment Act, 2003 (No. 24 of 2003), Criminal Procedure Amendment Act (Act No. 13 of 2010).		The Criminal Procedure Act No. 51 of 1977 regulates every aspect of the criminal justice process, from arrest and bail to trial and sentencing. It is a long law that covers many issues. There have also been amendment texts, such as Criminal Procedure Amendment Act, 1991 (No. 5), Criminal Procedure Amendment Act, 2003 (No. 24 of 2003), Criminal Procedure Amendment Act (Act No. 13 of 2010).

	The Police Act 19 of 1990 sets up the Namibian Police Force (Nampol) and describes the general powers and duties of police, which could be of relevance for certain crimes related to police officials or if the extent of force used by the police is questionable.13 It is a crime for any member of Nampol to violate the Police Act, or an order issued in terms of the Police Act. The penalty is a fine of up to 2000 NAD or prison for up to 6 months, or both.		The Police Act 19 of 1990 sets up the Namibian Police Force (Nampol) and describes the general powers and duties of police, which could be of relevance for certain crimes related to police officials or if the extent of force used by the police is questionable. It is a crime for any member of Nampol to violate the Police Act, or an order issued in terms of the Police Act. The penalty is a fine of up to 2000 NAD or prison for up to 6 months, or both.

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IBJadmin: /* Rights in Prison */

2025-02-27T16:07:18Z

Rights in Prison

← Older revision		Revision as of 18:07, 27 February 2025
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	The Namibian Constitution in Art. 8 upholds the Right to Respect for Human Dignity, which includes the right to humane conditions of Confinement in prison.		The Namibian Constitution in Art. 8 upholds the Right to Respect for Human Dignity, which includes the right to humane conditions of Confinement in prison.
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	<li>'''Immigrant’s Rights in Detention:'''		<li>'''Immigrant’s Rights in Detention:'''

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	According to Art. 40(1)(l) Criminal Procedure Act 51 of 1977 – Arrest by peace officer without warrant, “a peace officer may without warrant arrest any person who is reasonably suspected of being a prohibited immigrant in the Republic in contravention of any law regulating entry into or residence in the Republic.”</ul>		According to Art. 40(1)(l) Criminal Procedure Act 51 of 1977 – Arrest by peace officer without warrant, “a peace officer may without warrant arrest any person who is reasonably suspected of being a prohibited immigrant in the Republic in contravention of any law regulating entry into or residence in the Republic.”</ul>
	~~<br>~~
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	<li>'''Right to Medical Care in Prison:'''		<li>'''Right to Medical Care in Prison:'''

IBJadmin: /* Rights in Prison */

2025-02-27T16:06:57Z

Rights in Prison

← Older revision		Revision as of 18:06, 27 February 2025
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	According to Art. 40(1)(l) Criminal Procedure Act 51 of 1977 – Arrest by peace officer without warrant, “a peace officer may without warrant arrest any person who is reasonably suspected of being a prohibited immigrant in the Republic in contravention of any law regulating entry into or residence in the Republic.”</ul>		According to Art. 40(1)(l) Criminal Procedure Act 51 of 1977 – Arrest by peace officer without warrant, “a peace officer may without warrant arrest any person who is reasonably suspected of being a prohibited immigrant in the Republic in contravention of any law regulating entry into or residence in the Republic.”</ul>
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			<br>
	<li>'''Right to Medical Care in Prison:'''		<li>'''Right to Medical Care in Prison:'''

IBJadmin: /* Legal Aid */

2025-02-27T16:06:00Z

Legal Aid

← Older revision		Revision as of 18:06, 27 February 2025
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	The Legal Aid Act 29 of 1990 says that any accused person can apply for State-funded legal aid which may be provided if the accused person cannot afford to pay a lawyer privately and if it is in the interests of justice. It is not possible for the State to provide free legal aid for every person accused of a crime who cannot afford a lawyer. But the Namibian Supreme Court has said that the State has a duty to provide legal representation where the accused persons would otherwise not have a fair trial as guaranteed by the Namibian Constitution. This means that, even if there are not enough resources to provide a lawyer through the scheme set up under the Legal Aid Act, the State must provide legal representation through other channels if this is necessary for a fair trial. In deciding when the State must provide legal representation for accused persons in a specific case, factors to consider include the complexity of the case, the ability of the accused persons to defend themselves and the seriousness of the criminal charges (which will determine the possible impact of a conviction on the accused).		The Legal Aid Act 29 of 1990 says that any accused person can apply for State-funded legal aid which may be provided if the accused person cannot afford to pay a lawyer privately and if it is in the interests of justice. It is not possible for the State to provide free legal aid for every person accused of a crime who cannot afford a lawyer. But the Namibian Supreme Court has said that the State has a duty to provide legal representation where the accused persons would otherwise not have a fair trial as guaranteed by the Namibian Constitution. This means that, even if there are not enough resources to provide a lawyer through the scheme set up under the Legal Aid Act, the State must provide legal representation through other channels if this is necessary for a fair trial. In deciding when the State must provide legal representation for accused persons in a specific case, factors to consider include the complexity of the case, the ability of the accused persons to defend themselves and the seriousness of the criminal charges (which will determine the possible impact of a conviction on the accused).

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	<li>'''Number of lawyers (criminal/civil):'''		<li>'''Number of lawyers (criminal/civil):'''
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	==Source of Defendants Rights==		==Source of Defendants Rights==

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2025-02-20T10:48:33Z

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Namibia - Revision history

IBJadmin: /* Rights in Prison */

IBJadmin: /* Court Procedures */

IBJadmin: /* Rights of the Accused */

IBJadmin: /* Source of Defendants Rights */

IBJadmin: /* Rights in Prison */

IBJadmin: /* Rights in Prison */

IBJadmin: /* Legal Aid */

IBJadmin: Created page with " {{Languages|English}} ⚠️ THIS PAGE IS CURRENTLY UNDER LEGAL REVIEW. If you are a practicing attorney in this jurisdiction and can provide corrections, please get in touch with us at internationalbridges@ibj.org. {|..."

IBJadmin: Created page with " {{Languages|English}}
⚠️ THIS PAGE IS CURRENTLY UNDER LEGAL REVIEW.
If you are a practicing attorney in this jurisdiction and can provide corrections, please get in touch with us at internationalbridges@ibj.org.
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