Namibia
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Legal Resources for Namibia
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Background
The Republic of Namibia, as the country is now known, was declared a German Protectorate in 1884 became known as South West Africa. The territory remained a German colony from 1884 until 1915, when it was occupied by South African forces. From 1920 onwards the territory became a Protectorate, or a Mandated Territory of South Africa in terms of the Peace Treaty of Versailles. Namibia achieved its independence in 1990 after a long and protracted struggle, on both diplomatic and military fronts, for the achievement of self-determination and sovereignty. The South African Administration was characterised by patent abuse of the human rights of the indigenous people of Namibia. Apartheid, as a political system, is inconsistent with the rule of law; consequently, any political or a legal system based on apartheid will be devoid of the rule of law. This was the basic characteristic of the South African Administration in Namibia. It was devoid of the rule of law and legitimised by the decisions of a judiciary that justified the racist policies and violations of the rule of law on legislative supremacy and analytical positivism. With the achievement of sovereignty and self-determination, however, Namibia adopted a Constitution which is the supreme law of the nation, and ushered in the principle of constitutional supremacy and a system of governance based on the principles of constitutionalism, the rule of law, and respect for the human rights of the individual.
The Legal system
Namibia has a “hybrid” legal system, 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. These traditions have had a complex interrelationship, with the English influence most apparent in procedural aspects of the legal system and methods of adjudication, and Roman-Dutch influence most visible in its substantive private law. As a general rule, Namibia follows English law in both criminal and civil procedure, company law, constitutional law, and the law of evidence; while Roman-Dutch law is followed in the Namibian contract law, law of delict (tort), law of persons, law of things, family law, etc.
Namibian law, especially its civil law and common law elements, also forms the basis of the laws of Botswana, Eswatini, Lesotho, and Zimbabwe.
Legal Aid
The Legal Aid Directorate provides legal advice, representation, and assistance in court proceedings, including criminal, civil, and family matters. The organization benefits individuals who are unable to afford legal representation and would otherwise be unable to access the justice system. This includes low-income earners, people living in poverty, and vulnerable groups, such as women, children, and persons with disabilities. The Legal Aid Directorate also provides legal assistance to people who are in police custody or detention and require legal representation.
Less privileged litigants may also apply for legal aid in terms of the Legal Aid Act, though such relief will only be given if a litigant earns a minimal income or is without any income. As a result, we have the Legal Assistance Centre (an NGO) who renders assistance to litigants, free of charge in constitutional cases and cases of public interest. This Centre relies on donations and sponsors. The University of Namibia also has a Legal Aid Clinic , which renders services free of charge and relies heavily on private legal practitioners who assist as part of their social responsibility.
In criminal cases, the State (indirectly the complainant) is represented by a public prosecutor who is paid by government. In the case of the accused, however, s/he has the right (according to Article 12(1) (e)) to be defended by a legal practitioner of his/her choice . However, this is not possible for accused persons who are less privileged and cannot afford a legal practitioner of their choice. Therefore, Article 95 of the Constitution generally provides for the promotion of the welfare of the people. Article 95(h) specifically provides for a “… legal system seeking to promote justice on the basis of equal opportunity by providing free legal aid in defined cases with due regard to the resources of the State.”
The binding effect of the provisions of Article 95 was one of the issues that had to be determined by the Supreme Court of Namibia in the case of Government of the Republic of Namibia & Others v. Mwilima & all other Accused in the Caprivi Treason Trial 2002 NR 235 (SC). The Supreme Court ruled that in so far as the services impinged on the fundamental rights of the individual as enshrined under Chapter 3 of the Constitution, the government was under a constitutional obligation to provide such services and the judiciary had the obligation to enforce and protect the fundamental rights of the individual as enshrined in the Constitution. In the case of State v Kau & Others 1995 NR 1 (SC), the Supreme Court ruled that the failure to inform appellants of their rights to legal representation is an irregularity.
Individuals do have the right to represent themselves in court.
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).
There are two categories of legal practitioners in Namibia, that is legal practitioners practising with a Fidelity Fund Certificate (sometimes also referred to as lawyers of attorneys) and advocates, legal practitioners exempted from holding the Fidelity Fund Certificate (referred to as advocates). Think of them as “general practitioners” and “specialists”.
The attorney, like a general practitioner, is a person with whom you first make contact when you have a legal problem; therefore, an attorney needs to be accessible to everyone. However, attorneys are not always able to provide a specialised service in every field of law in which they may be asked to act.
Advocates have specialised expertise in various areas of the law, such as in constitutional law, labour law, and criminal law, the law of contract, etc, but they remain primarily experts in advocacy and court work, that is the art of presenting cases in court. A duly qualified trial lawyer or advocate is an indispensable element in each trial as in a truly qualified advocate legal knowledge, forensic skills, professional ethics and court-room etiquette should be blended in total union in the furtherance of the administration of justice
Source of Defendants Rights
The Namibian Constitution is the Supreme Law of Namibia. All other laws must be in line with the Constitution to be valid. There are four sources of law in Namibia: (1) statutes, (2) common law, (3) customary law, and (4) international law.
Statutes are laws that have been passed by Parliament since independence, or laws that were passed by other legislative bodies before Namibian independence. Other terms for statutes are “legislation” and “Acts of Parliament”. Parliament can make changes, called “amendments”, to statutes which have already been passed.
- Common law is the law developed over time through decisions in individual court cases. It is usually necessary to examine several court cases decided over time to understand the common law on any specific topic. Parliament can change a common law by passing a statute that says something different.
- Customary law is the law that has developed over the years in different traditional communities in Namibia. It changes gradually over time as people change their ways of doing things. Customary law is often not written down, because the people in the community know how things are usually done in that community. Questions about customary law are usually decided by traditional courts, chiefs, headmen or other traditional leaders. Parliament can change a customary by passing a statute that says something different.
- International law generally refers to the rules which apply in relationships between nations. Namibia has joined some international agreements (treaties/conventions), e.g. UN Convention on the Rights of the Child.
On defendant’s rights:
When talking about defendant’s rights in criminal cases, the following legal sources are particularly relevant: The Namibian Constitution, the Criminal Procedure Act 51 of 1977, and the Police Act 19 of 1990.
Article 12 of the Namibian Constitution contains provisions for fair trial. The criminal procedure in Namibia is governed by the Criminal Procedure Act 51 of 1977. The effectiveness of the judiciary in Namibia is basically respected and all persons generally have an equal opportunity in court for a fair trial. Double jeopardy is forbidden in the Constitution in Article 12(2). According to Article 12(1)(d) of the Constitution, – [a]ll persons charged with an offence shall be presumed innocent until proven guilty according to law, after having had the opportunity of calling witnesses and cross-examining those called against them.
Indeed, the perception by the Namibian on the street seems to be that the ‘criminals’ (as accused persons are commonly referred to) are given more rights than they deserve.
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. 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.
Rights of the Accused
- Searches and Seizures:
The Namibian law gives the police certain powers to search persons and places, and to seize items that reasonably appear to relate to a crime. Normally, police must approach a magistrate or a judge to get a search warrant. The Police must say why they need to do the search, and the warrant will say what persons and places can be searched. Searches that take place in terms of a search warrant must take place in the daytime, unless searches at night have been specifically authorised.
The police may search persons and places without a search warrant in the following circumstances:- If the relevant persons give consent
- If the police reasonably believe that a warrant would be issued, but the delay involved would probably defeat its purpose (because it would give the suspects time to hide or destroy the evidence)
The police may search a person a person who has been arrested on a reasonable suspicion of committing a crime without a search warrant. Police may seize anything in that person’s possession or control as evidence of the crime.
The police who are carrying out a lawful search may use “such force as may be reasonably necessary” to overcome resistance to the search, including breaking into the relevant place by force – but they must first demand entrance and explain the purpose of the search. Police can enter a place without announcing themselves if they have a reasonable belief that the evidence they are seeking would be hidden or destroyed if they requested entry first.
It is a crime for police to carry out an unlawful search, which includes a search that does not comply with the relevant search warrant or a search that does not follow the procedures set out in the law. It is also a crime for anyone to give false information that leads to the issue of a search warrant.
Women may be physically searched only be a female.
The law contains rules and procedures about the treatment of items that are seized as evidence. Items that were used to commit a crime may be kept permanently by the State.
- Arrests:
A person reasonably suspected of committing a crime may be arrested. An arrest is not supposed to be a form of punishment, but a way of making sure that a person accused of a crime will appear in court for criminal trial.
An arrest can take place with or without a warrant. A warrant can be issued by a magistrate or a judge if a police officer or a prosecutor provides information showing a reasonable suspicion that a particular crime has been committed.
There is also a long list of circumstances that justify arrest without a warrant. They all involve situations where the arresting officer has some personal knowledge or basis for suspicion that the arrested person has committed certain crimes, or where there is some other law that authorizes arrest without a warrant in certain circumstances. In such situations, the delay involved in getting the warrant would probably allow persons who are strongly suspected of being criminals to escape.
The law allows for the use of force in connection with an arrest, in certain circumstances. But force should be used only as a last resort. Police should consider other methods first, such as oral warning shots fired into the air. The person attempting the arrest must also consider whether a fleeing suspect can be arrested at a later stage. Any use of force must also be proportional to the seriousness of the crime. A person making an arrest must explain the reason for the arrest. If there is an arrest warrant, the accused person has a right to a copy of it.
The person who has been arrested can be confined at a police station, or at some other place named in a warrant of arrest, until they are lawfully released. A release might take place, for example, because bail is paid, because the charges have been withdrawn or because the person has been tried and found not guilty.
Namibian Constitution, Chapter 3- Art. 7 – Protection of Liberty: “No persons shall be deprived of personal liberty except according to procedures established by law.”
- Art. 11 – Arrest and Detention:
- "No persons shall be subject to arbitrary arrest or detention.
No persons who are arrested shall be detained in custody without being informed promptly in a language they understand of the grounds for such arrest.
All persons who are arrested and detained in custody shall be brought before the nearest Magistrate or other judicial officer within a period of forty-eight (48) hours of their arrest or, if this is not reasonably possible, as soon as possible thereafter, and no such persons shall be detained in custody beyond such period without the authority of a Magistrate or other judicial officer.”
- “No persons shall be subject to arbitrary arrest or detention.
No persons who are arrested shall be detained in custody without being informed promptly in a language they understand of the grounds for such arrest.
All persons who are arrested and detained in custody shall be brought before the nearest Magistrate or other judicial officer within a period of forty-eight (48) hours of their arrest or, if this is not reasonably possible, as soon as possible thereafter, and no such persons shall be detained in custody beyond such period without the authority of a Magistrate or other judicial officer.”
- “No persons shall be subject to torture or to cruel, inhuman or degrading treatment or punishment.”
- The dignity of all persons shall be inviolable.
(a) In any judicial proceedings or in other proceedings before any organ of the State, and during the enforcement of a penalty, respect for human dignity shall be guaranteed.
(b) No persons shall be subject to torture or to cruel, inhuman, or degrading treatment or punishment.
- No persons who are arrested shall be detained in custody without being informed promptly in a language they understand of the ground for such arrest.
- Namibian Constitution, Chapter 3
Art. 12(1)(e) – Fair Trial
- “All persons shall be afforded adequate time and facilities for the preparation and presentation of their defence, before the commencement of and during their trial, and shall be entitled to be defended by a legal practitioner of their choice.”
- Criminal Procedure Act No. 51 of 1977
- 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).
- “All persons charged with an offence shall be presumed innocent until proven guilty according to law, after having had the opportunity of calling witnesses and cross-examining those called against them.”
- “All persons shall be afforded adequate time and facilities for the preparation and presentation of their defence, before the commencement of and during their trial, and shall be entitled to be defended by a legal practitioner of their choice.”
- All persons shall be equal before the law.
No persons may be discriminated against on the grounds of sex, race, colour, ethnic origin, religion, creed or social or economic status.
Police officers are allowed to release accused persons on bail in the case of certain crimes that are not too serious. Decisions on bail are otherwise handled by the courts. Bail can be denied in any criminal case if there is a risk that the accused will run aways or interfere with State witnesses or evidence. Where the accused is charged with certain serious offences, including treason, murder, rape, robbery, housebreaking, theft and bribery, the court can also take into consideration the interests of the public and the administration of justice.
An accused who is denied bail can appeal this decision to a higher court.
If a court grants bail, it will often set conditions for the accused person, such as handling in their passport, reporting regularly to a police station or having no contact with witnesses or victims. Bail in any case can be cancelled if the accused fails to show up in court or fails to comply with the bail conditions, or where there is information showing that the accused is planning to run away. If bail is cancelled, then the accused will be arrested and kept in custody until the criminal trial is over. Once the criminal case is finished, the bail will be refunded, even if the accused is found guilty.
It is also possible for an accused person who has been arrested to be released “on warning”, without having to provide bail, if the crime involved is not too serious.
- Criminal Procedure Act 51 of 1977, Art. 58-71
- [Effect of bail] - Art. 58: The effect of bail granted in terms of the succeeding provisions is that an accused who is in custody upon payment of (…) the sum of money determined for his bail, and that he shall appear at the place and on the date and at the time appointed for his trial or to which the proceedings relating to the offence in respect of which the accused is released on bail are adjourned, and that the release shall, unless sooner terminated under the said provisions, endure until a verdict is given by a court in respect of the charge to which the offence in question relates, or where sentence is not imposed forthwith after verdict and the court in question extends bail, until sentence is imposed.
- [Bail before first appearance of accused in lower court] - Art. 59(1)(a): An accused who is in custody in respect of any offence, other than an offence referred to in Part II (Treason, Sedition, Murder, Rape, Robbery, Arson, Breaking or entering any premises, Theft, Any offence under any law relating to the illicit conveyance or supply of dependence-producing drugs, etc.), Part III (Arson, Murder, Kidnapping, Childstealing, Robbery, Housebreaking with intent to commit an offence, Any conspiracy, etc.) and Part IV (Public violence, bribery, Any offence relating to the coinage, etc.) of Schedule 2, may, before his or her first appearance in a lower court be released on bail in respect of such offence by any police official of or above the rank of non-commissioned officer, if the accused deposits at a police station the sum of money determined by such police official.
- “No persons shall be liable to be tried, convicted or punished again for any criminal offence for which they have already been convicted or acquitted according to law: provided that nothing in this Sub-Article shall be construed as changing the provisions of the common law defences of “previous acquittal” and “previous conviction”.
- Namibian Constitution, Chapter 3
Art. 12 – Fair Trial
- “(a) In the determination of their civil rights and obligations or any criminal charges against them, all persons shall be entitled to a fair and public hearing by an independent, impartial and competent Court or Tribunal established by law: provided that such Court or Tribunal may exclude the press and/or the public from all or any part of the trial for reasons of morals, the public order or national security, as is necessary in a democratic society.
- (b) A trial referred to in Sub-Article (a) hereof shall take place within a reasonable time, failing which the accused shall be released.
- (c) Judgments in criminal cases shall be given in public, except where the interests of juvenile persons or morals otherwise require.
- (d) All persons charged with an offence shall be presumed innocent until proven guilty according to law, after having had the opportunity of calling witnesses and cross-examining those called against them.
- (e) All persons shall be afforded adequate time and facilities for the preparation and presentation of their defence, before the commencement of and during their trial, and shall be entitled to be defended by a legal practitioner of their choice.
- (f) No persons shall be compelled to give testimony against themselves or their spouses, who shall include partners in a marriage by customary law, and no Court shall admit in evidence against such persons testimony which has been obtained from such persons in violation of Article 8(2)(b) hereof. No persons shall be liable to be tried, convicted or punished again for any criminal offence for which they have already been convicted or acquitted according to law: provided that nothing in this Sub-Article shall be construed as changing the provisions of the common law defences of “previous acquittal” and “previous conviction”
No persons shall be tried or convicted for any criminal offence or on account of any act or omission which did not constitute a criminal offence at the time when it was committed, nor shall a penalty be imposed exceeding that which was applicable at the time when the offence was committed.” - Art. 11(3) – Arrest and Detention
- “All persons who are arrested and detained in custody shall be brought before the nearest Magistrate or other judicial officer within a period of forty-eight (48) hours of their arrest or, if this is not reasonably possible, as soon as possible thereafter, and no such persons shall be detained in custody beyond such period without the authority of a Magistrate or other judicial officer.”
- Criminal Procedure Act 51 of 1977: The Criminal Procedure Act echoes the “48-hour rule” in the Namibian Constitution. It says that an arrested person must be brought before the lower court within 48 hours of the arrest – but it also contains some rules that make allowances for the time of day that the court closes and for days when courts are not operating, and for situations when an accused person is being transported from one are to another or is too ill to appear.
- “No persons who are arrested shall be detained in custody without being informed promptly in a language they understand of the grounds for such arrest.”
- “No Persons shall be subject to arbitrary arrest or detention.”
- “The right to life shall be respected and protected. No law may prescribe death as a competent sentence. No Court or Tribunal shall have the power to impose a sentence of death upon any person. No executions shall take place in Namibia.”
- General:
A finding of guilt or innocence, or a sentence, can be appealed to a higher court. In other words, an accused person can appeal a finding of guilt or ask for a lighter sentence, and the Prosecutor-General can appeal a finding of innocence or ask for a heavier sentence. If one side appeals, the other side can “cross-appeal” at the same time. If the accused person did not have a lawyer, the sentence by a magistrate’s court may be automatically reviewed by a judge of the High Court, depending on a combination of the length of the sentence (or the amount of the fine) and the magistrate’s years of experience. The High Court can also review a decision of a lower court in any case where it appears that there may have been some form of corruption or a fundamental legal mistake in the trial. “Review” means that the judge examines the record of the case to be sure that there was no error or unfairness. This is an extra safeguard to make sure that no one is unfairly deprived of their liberty. - Criminal Procedure Act 51 of 1977: There are several possibilities for the accused to appeal in Namibian Criminal Law. Art. 65 constitutes the right to “appeal to superior court with regard to bail”. Art. 309, 311, 312, 313 provide several rights to appeal in cases of Criminal Proceedings in Lower Courts (Chapter 30). Art. 316, 318, etc. provide rights to appeal in cases of Criminal Proceedings in Superior Courts (Chapter 31).
Means of Protecting or Enforcing Rights
Civil Actions: The Namibian Criminal Procedure Act 51 of 1977 contains several provisions related to civil actions.
Pre-Trial Procedure
In a view to pre-trial Procedures, including enforcing rules, Chapter 2 of the Namibian Criminal Procedure Act 51 of 1977 provides for provisions that authorize the Namibian Police, including Seizure (Art. 20, 21, 22, 27A, 30, 31, 32), Search (Art. 21, 23, 24, 27, 27A, 28, 29), Entrance of premises (Art. 25, 26, 26A, 27, 27A).
Chapter 5 of the Criminal Procedure Act 51 of 1977 covers the provisions for the procedural requirements of an arrest, including the authorisation for the Namibian Police, Art. 39, 40, 41, 44, 45 46, 48, 49, 50, 51.
Chapter 3 includes provisions of the Ascertainment of bodily features of the accused, and identification, Art. 37.
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.
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.
Rights in Prison
- “(3) All persons who are arrested and detained in custody shall be brought before the nearest Magistrate or other judicial officer within a period of forty-eight (48) hours of their arrest or, if this is not reasonably possible, as soon as possible thereafter, and no such persons shall be detained in custody beyond such period without the authority of a Magistrate or other judicial officer.
(4) Nothing contained in Sub-Article (3) hereof shall apply to illegal immigrants held in custody under any law dealing with illegal immigration: provided that such persons shall not be deported from Namibia unless deportation is authorised by a Tribunal empowered by law to give such authority.
[However, paragraph 5 strengthens the rights of immigrants again:]
(5) No persons who have been arrested and held in custody as illegal immigrants shall be denied the right to consult confidentially legal practitioners of their choice, and there shall be no interference with this right except such as is in accordance with the law and is necessary in a democratic society in the interest of national security or for public safety.”
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.”
- Women: Art. 95 of the Namibian Constitution mentions equality of opportunity for women. Art. 11 Namibia Constitution provides the right to be free from discrimination, inter alia on the grounds of sex. Apart from the Criminal Procedure Act, Namibia has the Combating of Rape Act 8 of 2000, focusing not only, but mainly on girls and women.
- 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. 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.
- Mentally Ill Prisoners: Chapter 13 (Art. 77-79) of the Criminal Procedure Act 51 of 1977 covers the Capacity to Understand Proceedings, Mental Illness and Criminal Responsibility.
- Juveniles:
The law has a few special procedures that apply to juveniles, who are persons under 18. Juveniles accused of a crime may be released into the custody of their parent or guardian while awaiting trial. Alternatively, they may be allowed to stay in a place of safety, such as a children’s home, until the trial is over. Keeping juveniles in prison or a police cell while they are awaiting trial should be a last resort, but appropriate alternatives are not always available.
The court will notify a juvenile’s parent or guardian that they must attend the trial if they can be located without a long delay. It is a crime for the parent or guardian to ignore a notice to come to court in these circumstances unless the court has exempted them from attending for some reason. The parent or guardian is allowed to assist the juvenile in court.
The court is always closed to the public during a criminal trial when the accused is under 18. No one is allowed to publish information that may reveal the identity of an accused or a witness who is under the age of 18 unless the judge or magistrate presiding over the trial has given permission.
A court that is conducting a criminal trial may convert the proceedings into a child protection inquiry if it appears that the juvenile accused may be a child in need of protective services. For example, the child may have been forced into criminal activity by an adult, or driven into crime by neglect, poverty, or substance addiction. This could mean that the child needs assistance rather than criminal punishment.
Resources
- https://www.kas.de/documents/252038/253252/amoo_skeffers.pdf/bec5a239-1da4-5257-c471-cf1a73e35142, The rule of law in Namibia, 12/11/2024.
- Thomas, PhJ; van der Merwe, CG; Stoop, BC (2000). Historical Foundations of Namibian Private Law. Durban, South Africa: Lexisnexis Butterworths.
- Du Bois, F (ed) "Wille's Principles of South African Law" 9th ed. Cape Town, Juta & Co, 2007.
- https://www.lac.org.na, 11/11/2024.
- https://ejustice.moj.na/ABOUT%20US/Pages/AccesstoJusticeandLegalRepresentation.aspx, 11/11/2024
- Government of the Republic of Namibia v. Mwilima, Supreme Court 2002 (Caprivi treason trial); http://www.lac.org.na/laws/summaries/Statute_Summaries_1.pdf, 13/11/2024.
- https://www.namibianbar.org/legal.html, What is the bar? 11/11/2024.
- https://www.namibianbar.org/legal.html, 11/11/2024.
- http://www.lac.org.na/laws/summaries/Statute_Summaries_1.pdf, introduction, 13/11/2024.
- https://www.kas.de/documents/252038/253252/amoo_skeffers.pdf/bec5a239-1da4-5257-c471-cf1a73e35142; 12/11/2024.
- S v. Kapika, High Court, 1997.
- S v. Mwambazi, High Court, 1990
- S vs. Acheson, High Court, 1991.
- http://www.lac.org.na/projects/grap/Pdf/access2justice1_human_right.pdf, 14/11/2024.
- https://www.kas.de/documents/252038/253252/amoo.pdf/6f5df420-fdb8-499c-ee80-c1516dce114e.
- http://www.lac.org.na/projects/grap/Pdf/lgbtprotection_eng.pdf, p. 1, 14/11/2024.