The Supreme Court of Namibia is 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...

 in all matters under 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...

n law. It is the court of last resort and 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 the country. It is located in the centre of the capital Windhoek

Windhoek

Windhoek is the capital and largest city of the Republic of Namibia. It is located in central Namibia in the Khomas Highland plateau area, at around above sea level. The 2001 census determined Windhoek's population was 233,529...

.

History

Namibia's Supreme Court was founded on 21 March 1990, the day of Namibian Independence. Although it has the Supreme Court of South-West Africa as its predecessor, the latter was not a supreme court in the sense that appeals against its rulings would be possible; the Appellate Division of the Supreme Court of South Africa

Supreme Court of South Africa

The Supreme Court of South Africa was a superior court of law in South Africa from 1910 to 1996. It was made up of various provincial and local divisions with jurisdiction over specific geographical areas, and an Appellate Division which was the highest appellate court in the country...

 would hear those, and they would be prosecuted by the Supreme Court of South-West Africa.

Court building

At its inception in 1990 the Supreme Court did not have its own building. The Supreme Court building, situated in Michael Scott Street on Eliakim Namundjebo Plaza in central Windhoek

Windhoek Central Business District

Windhoek Central Business District is the inner city area of Windhoek, capital of Namibia. It is surrounded by the suburbs of Windhoek West and Hochland Park in the west, Windhoek-North in the north, Eros, Klein-Windhoek, Luxushügel and Auasblick in the east, and Suiderhof and Southern Industrial...

, was built between 1994 and 1996 as an "imposing and functional building" to represent "the integrity and soul of the [...] Constitution". It was designed in an north African style in order to avoid resemblance of European colonial buildings, and it is Windhoek's only building erected post-independence in an African style of architecture. It contains two court rooms, four offices for Justices, and a law library on first floor. Erection and design of the building involved extensive geotechnical investigations because it is situated on top of a geological fault.

Mandate and power

The mandate and powers of the Supreme Court are regulated by Articles 78, 79 and 138 of the Namibian Constitution

Constitution of Namibia

The Constitution of Namibia is the constitution of theRepublic of Namibia. Adopted in February 1990, a month prior to Namibia's independence from apartheid South Africa, it was written by an elected constituent assembly.-Preamble:...

. It hears appeals against High Court

High Court

The term High Court usually refers to the superior court of a country or state. In some countries, it is the highest court . In others, it is positioned lower in the hierarchy of courts The term High Court usually refers to the superior court (or supreme court) of a country or state. In some...

 decisions and matters referred from the Attorney-General, particularly those that concern constitutional matters. It can also hear matters referred to it by parliamentary authorisation. The Supreme Court regulates its own procedures and makes Rules of Court.

A Supreme Court decision can only be reverted by an Act of Parliament that contradicts it, or by Supreme Court itself.

Structure and appointment

The Chief Justice of Namibia

Chief Justice of Namibia

The Chief Justice of Namibia 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...

 presides over the Supreme Court. He is supported by Judges of Appeal. All Supreme Court judges are appointed by the president on recommendation by the Judicial Service Commission. 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:...

.

Notable cases

In a civil matter spinning off from the Caprivi treason trial

Caprivi treason trial

The Caprivi treason trial is a trial in which the Government of Namibia indicted 132 people for allegedly participating in the Caprivi conflict on the side of the Caprivi Liberation Army in a period between 1992 and 2002...

the Supreme Court of Namibia ordered (Government of Namibia and Others vs. Mwilima and Others) government to provide the treason suspects with legal representation in 2002. In 2010 the court was again involved in this trial, ruling (State vs. Malumo and 24 Others) that confessions from 25 accused are inadmissible before the High Court in Windhoek due to the occurrence of "coercive actions" at the hands of Police or military to obtain the testimonies.