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The Namibian judicial system is similar to the South African system.
Roman-Dutch law was declared the common law of the territory in
1919 and remains to the present day. All Namibian courts are independent
and their judgements must be based on the rule of law.
The Judicial Service Commission
Recommends the appointment of all judges in Namibia.
Takes disciplinary action against judges.
Consists of the Chief Justice, Attorney-General and
two members of the legal profession.
Lower / Magistrate's Courts
Presided over by magistrates.
Cases heard are of a local and less severe nature.
High Court
The second highest court in Namibia.
Hears all cases that deal with the interpretation, implementation
and upholding of the Namibian Constitution and respect for fundamental
human rights and freedoms. Appeals from lower courts are heard.
Presided over by the Judge-President and judges appointed
by the President on the recommendation of the Judicial Service Commission.
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Supreme Court
The highest court in Namibia.
Has the duty to make final decisions on any issues regarding
fundamental human rights and freedoms protected by the
Constitution.
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A decision by the Supreme Court is final and binding
on all other courts and the people of Namibia.
Has the power to declare proposed or existing laws as
unjust or unconstitutional.
Presided over by the Chief Justice and judges appointed
by the President on the recommendation of the Judicial Service Commission.
Three judges must hear a case presented in the Supreme
Court.
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