Namibia’s Constitution of 1990 with Amendments through 2014

Judicial Independence

Article 12. 1. 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 […]. Article 78. 1. The judicial power shall be vested in the Courts of Namibia, which shall consist of: a. a Supreme Court of Namibia; b. a High Court of Namibia; c. Lower Courts of Namibia. 2. The Courts shall be independent and subject only to this Constitution and the law.

Judicial Council or Parallel Institution

Article 32. 4. The President shall also have the power, subject to this Constitution, to appoint: a. on the recommendation of the Judicial Service Commission. Article 79. 1. The Supreme Court shall consist of a Chief Justice, a Deputy-Chief Justice who shall deputise the Chief Justice in the performance of his or her functions under this Constitution or any other law, and such additional Judges as the President, acting on the recommendation of the Judicial Service Commission, may determine.

Attorney General’s Office

Article 86. There shall be an Attorney-General appointed by the President in accordance with the provisions of Article 32(3)(i)(cc) hereof. Article 88. 1. There shall be a Prosecutor-General appointed by the President on the recommendation of the Judicial Service Commission. No person shall be eligible for appointment as Prosecutor-General unless such person: a. possesses legal qualifications that would entitle him or her to practise in all the Courts of Namibia; b. is, by virtue of his or her experience, conscientiousness and integrity a fit and proper person to be entrusted with the responsibilities of the office of Prosecutor-General.

Human Rights Council

Reimagining justice: confronting contemporary challenges to the independence of judges and lawyers, June 26, 2023

General Assembly

Judicial independence in the context of the 2030 Agenda for Sustainable Development, October 14, 2022

Human Rights Council

Protection of lawyers against undue interference in the free and independent exercise of the legal profession, June 21, 2022

General Assembly

Participation of women in the administration of justice, October 13, 2021

Human Rights Council

Report on Impact and challenges of the coronavirus disease (COVID-19) pandemic for independent justice, June 28, 2021

General Assembly

Report on Disciplinary Proceedings Against Judges, October 15, 2020

Human Rights Council

Report: Independence of Public Prosecutors, Corruption and Human Rights, July 13, 2020

General Assembly - October 16, 2019

Report on the UN Basic Principles on the Independence of the Judiciary

Human Rights Council - June 24, 2019

Report on freedom of expression, association and peaceful assembly of judges and prosecutors