Chief Justice of Namibia
Encyclopedia
The Chief Justice of Namibia (sometimes also: Judge President) is the head of the Supreme Court of Namibia
, the highest appellate court
in Namibia
. It is the highest post in the Namibia's judicial system, presiding over the operation of the supreme court
. The position was created on 21 March 1989, the day of Namibian independence, along with the foundation of the Supreme Court.
The Chief Justice is responsible for the swearing-in of members of the National Assembly
as well as the president of Namibia, and further for the safekeeping of the presidential symbols of the power (constitution, seal of state, and national flag) during the handover from one president to another. They can further request the Namibian president to appoint Acting Judges, either to fill temporary vacancies, or to supplement the jury ad hoc with experts on certain legal issues.
The Chief Justice and all other judges are appointed by the president on recommendation by the Judicial Service Commission in which the Chief Justice is a member. Other members of this commission are the Attorney-General, a judge appointed by the president, and two representatives of the legal fraternity.
, appointment of judges lies in the power of the president. In 2002, the official retirement age for judges in Namibia was amended from 70 to 65. At reaching retirement age, judges including the Chief Justice can only be reappointed in acting position. This change cut short the term of Namibia's third Chief Justice Johan Strydom who became 65 in June 2003, a move that was speculated to be part of a plan to appoint a Chief Justice with close ties to SWAPO, the ruling party.
, Justices in Namibia bear the title Lord. The Chief Justice is His Lordship Peter Shivute
.
Supreme Court of Namibia
The Supreme Court of Namibia is the supreme court in all matters under Namibian law. It is the court of last resort and highest appellate court in the country. It is located in the centre of the capital Windhoek.-History:...
, the highest appellate court
Appellate court
An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...
in Namibia
Namibia
Namibia, officially the Republic of Namibia , is a country in southern Africa whose western border is the Atlantic Ocean. It shares land borders with Angola and Zambia to the north, Botswana to the east and South Africa to the south and east. It gained independence from South Africa on 21 March...
. It is the highest post in the Namibia's judicial system, presiding over the operation of the supreme court
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
. The position was created on 21 March 1989, the day of Namibian independence, along with the foundation of the Supreme Court.
The Chief Justice is responsible for the swearing-in of members of the National Assembly
National Assembly of Namibia
The National Assembly of Namibia is the lower chamber of the country's bicameral Parliament. It has a total of 78 members. 72 members are directly elected through a system of party-list proportional representation and serve five-year terms. Six additional members are appointed by the President.The...
as well as the president of Namibia, and further for the safekeeping of the presidential symbols of the power (constitution, seal of state, and national flag) during the handover from one president to another. They can further request the Namibian president to appoint Acting Judges, either to fill temporary vacancies, or to supplement the jury ad hoc with experts on certain legal issues.
The Chief Justice and all other judges are appointed by the president on recommendation by the Judicial Service Commission in which the Chief Justice is a member. Other members of this commission are the Attorney-General, a judge appointed by the president, and two representatives of the legal fraternity.
Appointment controversy
While Namibia's constitution enshrines the independence of the judiciaryJudiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
, appointment of judges lies in the power of the president. In 2002, the official retirement age for judges in Namibia was amended from 70 to 65. At reaching retirement age, judges including the Chief Justice can only be reappointed in acting position. This change cut short the term of Namibia's third Chief Justice Johan Strydom who became 65 in June 2003, a move that was speculated to be part of a plan to appoint a Chief Justice with close ties to SWAPO, the ruling party.
List of Chief Justices
As a legacy from CommonwealthCommonwealth
Commonwealth is a traditional English term for a political community founded for the common good. Historically, it has sometimes been synonymous with "republic."More recently it has been used for fraternal associations of some sovereign nations...
, Justices in Namibia bear the title Lord. The Chief Justice is His Lordship Peter Shivute
Peter Shivute
Peter Sam Shivute is a Namibian judge. He has been the Chief Justice of the Supreme Court of Namibia in Windhoek since 1 December 2004, and he is the first black Namibian to occupy that post.-Early life and education:...
.
| Chief Justice | Start of Term | End of Term |
|---|---|---|
| Hans Joachim Berker Hans Joachim Berker Hans Joachim Berker was a Namibian judge. He served as first Chief Justice in the Supreme Court of Namibia from 1990 to 1992.-Biography:... |
21 March 1990 | 5 July 1992 |
| Ismael Mahomed | July 1992 | 1999 |
| Johan Strydom | March 1999 | June 2003 |
| Johan Strydom (acting) | June 2003 | September 2004 |
| Simpson Mtambanengwe (acting) | October 2004 | November 2004 |
| Peter Shivute | 1 December 2004 | Incumbent |